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Posted (edited)

Hello all,

 

First and foremost, thank you for having me on the forum, I appreciate in advance any information and help I can get.

 

Category: F3 (married sons and daughters of US Citizens).

Current country: United Kingdom.

 

So after a 12 year wait, I have finally received an email from NVC advising me that they have received my visa petition, and they have provided me with a login for the CEAC website, so that I may pay fees and submit documents. 

 

As you can imagine, waiting this long for a visa meant that I carried on with my life, and now that this has finally come through I do not feel ready to move. In fact, it could be years before I feel ready, and cannot commit my family to this now. 

 

My question is:  is there a deadline for this? Can I keep my application on ice and proceed at my pace? Obviously people have careers, houses, kids, and many other dependencies to tie up. I am wondering if I (my wife and kids too) can take this opportunity later down the line, and not rush into it right now. What are my options? I am fearful that it's a case of "you have to do it now or lose your place in the queue" kind of situation. 

 

Many thanks

 

Edited by Vally
Posted

Technically your case lapses if you have not made any attempt to obtain your visa within a year after being notified a visa is available (this is when your priority date is current which is probably not yet). see last paragraph here https://travel.state.gov/content/travel/en/us-visas/immigrate/the-immigrant-visa-process/step-1-submit-a-petition/step-2-begin-nvc-processing.html
Supposedly, you can keep the case active by contacting NVC once per year. You can attempt that if you wish. Note that if you have minor children, the longer you delay the case the more the chance of them aging out and not being able to accompany you when you eventually decide to go.


Unsolicited advice: many of us have moved at the kind of life stage you’re talking about. It’s generally easier to settle here the younger you are (even if like us you move in your 40s) - especially so for the children, but it’s also preferable to get a foot in the US job market as early as you can (unless you’re at some kind of senior/exec level for a multinational where you can just get a transfer of course). 

 

Posted
11 minutes ago, SusieQQQ said:

Technically your case lapses if you have not made any attempt to obtain your visa within a year after being notified a visa is available (this is when your priority date is current which is probably not yet). see last paragraph here https://travel.state.gov/content/travel/en/us-visas/immigrate/the-immigrant-visa-process/step-1-submit-a-petition/step-2-begin-nvc-processing.html
Supposedly, you can keep the case active by contacting NVC once per year. You can attempt that if you wish. Note that if you have minor children, the longer you delay the case the more the chance of them aging out and not being able to accompany you when you eventually decide to go.


Unsolicited advice: many of us have moved at the kind of life stage you’re talking about. It’s generally easier to settle here the younger you are (even if like us you move in your 40s) - especially so for the children, but it’s also preferable to get a foot in the US job market as early as you can (unless you’re at some kind of senior/exec level for a multinational where you can just get a transfer of course). 

 

Thank you for this. Realistically, how long could one "drag it out" for? Could I just do my application slowly? This would mean that progress is being made and NVC would see this. 

Posted
2 minutes ago, Vally said:

Thank you for this. Realistically, how long could one "drag it out" for? Could I just do my application slowly? This would mean that progress is being made and NVC would see this. 

Your situation is similar to mine in that I am dragging my case out, but for different reasons, and I will submit my docs right at the end of my one year anniversary of starting NVC.

 

The wise minds here have said that all you have to do it login at CEAC once in a while, and you will stay active.  However, I don't recall anyone saying that they actually did this.  It would be nice to hear from someone who purposely dragged their case out 1-2-3-4 years and still got the visa.

 

You can start the online forms with minimal information.  In some sections, you have to enter something to continue, and I just entered something fake as a placeholder, so I could continue and look at all the forms.

 

Good luck with your decision?  Did you start in another country and move to UK?  Tough choices to be made.

Spouse

Nov. 29th, 2020: I-130 submitted online, NOA 1 Nov. 30th, 2020

Feb. 19th, 2021: Case Is Being Actively Reviewed By USCIS

Feb. 19th, 2021: I-130 Approved 😊

Feb. 25th, 2021: Welcome letter from NVC

Mar. 9th, 2021:  Received Hard Copy NOA 2 I-797 in mail

October, 2021: One Year Postponement of Move, Visa Completion On Hold

Feb. 4th, 2022: Submitted DS 260

 

Stepdaughter

Nov. 29th, 2020: I-130 submitted online, NOA 1 Nov. 30th, 2020

Dec. 9th, 2020: Case Is Being Actively Reviewed By USCIS

Feb. 19th, 2021: Case Is Being Actively Reviewed By USCIS

Feb. 19th, 2021: I-130 Approved 😊

Feb. 25th, 2021: Welcome letter from NVC

Mar. 9th, 2021:  Received Hard Copy NOA 2 I-797 in mail

October, 2021: One Year Postponement of Move, Visa Completion On Hold

Feb. 4th, 2022: Submitted DS 260

Posted (edited)
11 minutes ago, seekingthetruth said:

Your situation is similar to mine in that I am dragging my case out, but for different reasons, and I will submit my docs right at the end of my one year anniversary of starting NVC.

 

The wise minds here have said that all you have to do it login at CEAC once in a while, and you will stay active.  However, I don't recall anyone saying that they actually did this.  It would be nice to hear from someone who purposely dragged their case out 1-2-3-4 years and still got the visa.

 

You can start the online forms with minimal information.  In some sections, you have to enter something to continue, and I just entered something fake as a placeholder, so I could continue and look at all the forms.

 

Good luck with your decision?  Did you start in another country and move to UK?  Tough choices to be made.

Tough choices indeed. Yes it would be nice to get word from people that have stayed active for a prolonged period of time, confirmation of this would be ideal. 

 

Alternatively, can one apply for the visa and get the visa, and then delay the move? Is there a time limit on moving from actually obtaining the visa?

Edited by Vally
Posted (edited)
7 minutes ago, Vally said:

Alternatively, can one apply for the visa and get the visa, and then delay the move? Is there a time limit on moving from actually obtaining the visa?

Not sure about this.  I'm curious about this too, in case something really strange were to come up in our lives.  The medical is only good for 6 months, so you definitely will need a new medical.  I seem to recall that you must enter the U.S. by X time after approval, but that might vary by visa type.

 

In any case, you have to be honest about your intent.

Edited by seekingthetruth

Spouse

Nov. 29th, 2020: I-130 submitted online, NOA 1 Nov. 30th, 2020

Feb. 19th, 2021: Case Is Being Actively Reviewed By USCIS

Feb. 19th, 2021: I-130 Approved 😊

Feb. 25th, 2021: Welcome letter from NVC

Mar. 9th, 2021:  Received Hard Copy NOA 2 I-797 in mail

October, 2021: One Year Postponement of Move, Visa Completion On Hold

Feb. 4th, 2022: Submitted DS 260

 

Stepdaughter

Nov. 29th, 2020: I-130 submitted online, NOA 1 Nov. 30th, 2020

Dec. 9th, 2020: Case Is Being Actively Reviewed By USCIS

Feb. 19th, 2021: Case Is Being Actively Reviewed By USCIS

Feb. 19th, 2021: I-130 Approved 😊

Feb. 25th, 2021: Welcome letter from NVC

Mar. 9th, 2021:  Received Hard Copy NOA 2 I-797 in mail

October, 2021: One Year Postponement of Move, Visa Completion On Hold

Feb. 4th, 2022: Submitted DS 260

Posted
14 minutes ago, Vally said:

Tough choices indeed. Yes it would be nice to get word from people that have stayed active for a prolonged period of time, confirmation of this would be ideal. 

 

Alternatively, can one apply for the visa and get the visa, and then delay the move? Is there a time limit on moving from actually obtaining the visa?

Your visa will have a maximum expiry of 6 months. You can enter to activate your green card before the visa expires, and then apply for a re-entry permit (one  for each of you ) which will allow you 2 years out without losing your green card. You can rinse & repeat that for max 5 years. You will still need to file taxes with the IRS while you are living and working elsewhere (does not mean you will actually have to pay extra tax). 

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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