Hybrid Filing?

[Tesco 71]

I had an I-130 for my spouse approved two years ago. Due to circumstantial changes brought about by COVID, I relocated to the U.K to live with spouse. Spouse never logged in to the CEAC system and things have been left that way, although log in details and a welcome letter from the NVC was received.

I’m now looking at returning Stateside, working for my former employer again. I would however like my spouse to travel with me, or reasonably soon afterwards. I really wouldn’t like to start the entire process over on my U.S. arrival, but if there is no alternative…

So, my questions are:

Does the I-130 age out?

Can I have my spouse log in to CEAC and carry on as if nothing happened.

Can I go down the DCF route? Would there be a need for a fresh I-130?

Any other advice would be greatly appreciated.

[Crazy Cat 41,985]

1.  An I-130 does not expire as long as the relationship still exists.  However, it might have to be retrieved.

2.  You can try. That would be my first action.

3.  No.  Once an I-130 has been filed stateside, DCF is no longer available for that beneficiary.  USCIS does not authorize DOS to accept an I-130 under those circumstances. 

 

I would contact NVC to get the current status of the case.....then proceed accordingly.

Edited March 30, 2022 by Crazy Cat

[Tesco 71]

27 minutes ago, Crazy Cat said:

1.  An I-130 does not expire as long as the relationship still exists.  However, it might have to be retrieved.

2.  You can try. That would be my first action.

3.  No.  Once an I-130 has been filed stateside, DCF is no longer available for that beneficiary.  USCIS does not authorize DOS to accept an I-130 under those circumstances. 

 

I would contact NVC to get the current status of the case.....then proceed accordingly.

Thank you Crazy Cat. I was able to log into CEAC without any issues, it looked ok and asked for AOS and IV fees. I did see though on the 'Notice of Immigrant Case Creation' email it says: 'IMPORTANT: If you do not log into CEAC or communicate with NVC regarding this immigrant visa case for a period of one year, by law the Department of State must terminate your visa application.'

 

It's been nearly two years now. I'll send them an email, at least I'll know then if the application is still active and if so how long I have to complete. Or, I guess I could perhaps go down the DCF route if this entire process is now longer valid. 

 

[Crazy Cat 41,985]

6 minutes ago, Tesco said:

Thank you Crazy Cat. I was able to log into CEAC without any issues, it looked ok and asked for AOS and IV fees. I did see though on the 'Notice of Immigrant Case Creation' email it says: 'IMPORTANT: If you do not log into CEAC or communicate with NVC regarding this immigrant visa case for a period of one year, by law the Department of State must terminate your visa application.'

 

It's been nearly two years now. I'll send them an email, at least I'll know then if the application is still active and if so how long I have to complete. Or, I guess I could perhaps go down the DCF route if this entire process is now longer valid. 

 

You cannot go the DCF route.  Hopefully, you can proceed with the normal NVC process.  Good luck!

Edited March 30, 2022 by Crazy Cat

[Tesco 71]

3 minutes ago, Crazy Cat said:

You cannot go the DCF route.  Hopefully, you can proceed with the normal NVC process.  Good luck!

So if the current application is dead and I have to start again, are you saying that it's not possible to go the DCF route, despite being overseas and having a job offer. It would mean that i'd need to file while in the U.S., just as I did initially? Thanks

[Crazy Cat 41,985]

3 minutes ago, Tesco said:

So if the current application is dead and I have to start again, are you saying that it's not possible to go the DCF route, despite being overseas and having a job offer. It would mean that i'd need to file while in the U.S., just as I did initially? Thanks

The current application is not dead.  You cannot go the DCF route...period.   Proceed with the current NVC route.

Edited March 30, 2022 by Crazy Cat

[Family 4,065]

Just log in again and pay the AOS/ IV fee . If payment goes through, CASE is activated and go through the rest

[Ontarkie 14,320]

~~Moved to IR1/CR1 P&P, from DCF- as there is already an I-130~~

[pushbrk 13,000]

1 hour ago, Family said:

Just log in again and pay the AOS/ IV fee . If payment goes through, CASE is activated and go through the rest

Correct.  If the system allows your payment, and you can upload documents needed, then NVC hasn't returned the case to USCIS and you can proceed without retrieving the I-130 from archives.  You'll know your answer very soon.

 

OP needs to understand that neither USCIS, NVC, or the Consular Officers are concerned with his desire to have his spouse travel with him or soon.  Separation is a part of the process for almost everybody.  It IS, what IT IS.  That he didn't learn the process, and communicate his desire to keep the case active at NVC, is not any government agency's fault.

Edited March 31, 2022 by pushbrk

[Tesco 71]

4 hours ago, pushbrk said:

Correct.  If the system allows your payment, and you can upload documents needed, then NVC hasn't returned the case to USCIS and you can proceed without retrieving the I-130 from archives.  You'll know your answer very soon.

 

OP needs to understand that neither USCIS, NVC, or the Consular Officers are concerned with his desire to have his spouse travel with him or soon.  Separation is a part of the process for almost everybody.  It IS, what IT IS.  That he didn't learn the process, and communicate his desire to keep the case active at NVC, is not any government agency's fault.

Clearly, it's not the fault of government agencies that I didn't communicate, so as to keep the case open, that’s obvious. Ultimately, it's down to the individual to take ownership - I had not eluded earlier that it was 'their' fault.

 

You are quite wrong with regards the NVC not being concerned that my spouse travel either with, or soon after me. After a substantial wait, I was able to talk with a really nice person at the NVC, who had taken a substantial amount of time in explaining the status of the visa application. We went over options and I admit this person was very helpful and professional. I don’t need to pay any fee to keep the case open and had been given detailed instructions on what to do going forward, (now within one years’ time, as the application is very much alive). The detail was even down to what to do when you log into CEAC, (logging in by its self is not enough). So - after the near two year wait for the I-130 to be approved, NVC were sympathetic and I can have my spouse travel with me, with or without a job offer - it’s our choice. 

Edited March 31, 2022 by Tesco

[pushbrk 13,000]

2 minutes ago, Tesco said:

Clearly, it's not the fault of government agencies that I didn't communicate, so as to keep the case open, that’s obvious. Ultimately, it's down to the individual to take ownership - I had not eluded earlier that it was 'their' fault.

 

You are quite wrong with regards the NVC not being concerned that my spouse travel either with, or soon after me. After a substantial wait, I was able to talk with a really nice person at the NVC, who had taken a substantial amount of time in explaining the status of the visa application. We went over options and I admit this person was very helpful and professional. I don’t need to pay any fee to keep the case open and had been given detailed instructions on what to do going forward, (now within one years’ time, as the application is very much alive). The detail was even down to what to do when you log into CEAC, (logging in by its self is not enough). So - after the near two year wait for the I-130 to be approved, NVC were sympathetic and I can have my spouse travel with me with or without a job offer, it’s our choice. 

OK.  I did not say you thought it was their fault.  I was explaining why your concern does not warrant any special action on the government's part.  If you got lucky and your case is still active at NVC, great.  You will still need to complete the rest of the process in a normal way, and it will take as long as it takes.  Of course, that has nothing to do with a job offer or not.  You are not getting any special consideration.  You're just lucky they still have your file.

 

Your job offer MAY BE important when it comes to sponsorship, unless you have a joint sponsor.  You will not clear NVC because of a job offer.  It will need to be a job you are already working at, or you'll need a qualified joint sponsor BEFORE your wife even gets into the interview queue.  It IS possible to request an expedite based on a job offer.  Requesting does not guarantee the expedite will be granted.

[Tesco 71]

4 minutes ago, pushbrk said:

OK.  I did not say you thought it was their fault.  I was explaining why your concern does not warrant any special action on the government's part.  If you got lucky and your case is still active at NVC, great.  You will still need to complete the rest of the process in a normal way, and it will take as long as it takes.  Of course, that has nothing to do with a job offer or not.  You are not getting any special consideration.  You're just lucky they still have your file.

 

Your job offer MAY BE important when it comes to sponsorship, unless you have a joint sponsor.  You will not clear NVC because of a job offer.  It will need to be a job you are already working at, or you'll need a qualified joint sponsor BEFORE your wife even gets into the interview queue.  It IS possible to request an expedite based on a job offer.  Requesting does not guarantee the expedite will be granted.

Thank you for your feedback, much appreciated... I may file based on assets and no job. I believe it's 5 x the poverty level so this maybe the easiest route and we can travel together whenever that may be. I need to research this option though, as I'm not clear if simply having financial resources will work. 

[pushbrk 13,000]

Just now, Tesco said:

Thank you for your feedback, much appreciated... I may file based on assets and no job. I believe it's 5 x the poverty level so this maybe the easiest route and we can travel together whenever that may be. I need to research this option though, as I'm not clear if simply having financial resources will work. 

Liquid assets work.  5X is plenty, because the actual requirement for a spouse is 3X.  Become an A-Student of the I-864 instructions.  They will tell you THEIR definition of "liquid".  In short, bank and investment accounts are liquid.  Equity in your primary residence is not.

[nastra30 2,298]

Op, the bottomline is that the next step is for you to pay NVC fees and move on to the next step in the NVC process. NVC+USEM process could take a while so the earlier you complete things on CEAC the better.

[Tesco 71]

I’m a U.S. Citizen, residing in the United Kingdom with my British spouse. Our case is with the NVC, where we make contact with/log in to CEAC regularly to avoid our case aging out.

Is it possible to change from NVC to DCF, (Possible quick job offer and rapid start date back in the U.S.)?

Thanks