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Jay and Dan

Can I delay the Immigration process?? - Current stage: Documents submitted to NVC

By Jay and Dan in IR-1 / CR-1 Spouse Visa Process & Procedures

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Jay and Dan Newbie

Jay and Dan   0

Posted
Filed: IR-1/CR-1 Visa Country: Colombia
 Timeline
Posted

Hey everybody! 

 

My wife (Colombian) and I (US citizen) live abroad in Brazil.

I have a work contract that ends in July 2025 (That I would like to complete)

This is why I'm wondering if an Immigration process (IR-1 / CR-1 Spouse Visa) can be intentionally delayed without issues, like having the case canceled and sent back to USCIS.

 

Right now (March 2024), we are at the stage of submitting documents to the NVC.

The NVC contacted us in August 2023 to let us know our assigned case #. 

All documents submitted up to this point have been "Accepted," and we have an FE Review Note asking for extra documents that are pending to be submitted. 

Even though we haven't been DQ'ed yet, we seem to be pretty close to the end of the NVC process and moving to the interview stage. 

 

Because my work contract ends in July 2025, we would like to have the interview between February - April 2025.

 

1. Is it possible to delay the NVC approval until next year? 

2. What would happen if we don't submit this pending document, requested in March 2024 in the FE Review Note, until January 2025?

 

3. If it is possible to delay the NVC approval, is there any reason you might recommend against that?

Could it potentially harm our chances of getting the visa approved?

 

I have heard about the section 203(g): "Termination of Registration: Secretary of State shall terminate the registration (petition) of any alien who fails to apply for an immigrant visa within one year of notice of visa availability".

Since the NVC contacted us for the first time in August 2023:

4. Does it mean we have until August 2024 to complete the case, get DQ'ed, and do the interview?

5. Or, because we have some documents accepted and we have been actively in contact with the NVC, does this "year conditionally" not count?

 

Thank you!

 

 

 


 

 

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Crazy Cat Grand Master

Crazy Cat   41,833

Posted
Filed: Citizen (apr) Country: Taiwan
 Timeline
Posted (edited)

Cease all actions until you are ready to proceed with the case.  Yes, you can effectively postpone the case indefinitely by just contacting them at least once per year.  What document is pending?  Just an FE note will not always stop them from scheduling an interview if all documents have been submitted and fees paid.  If NVC does schedule the interview, I would just contact the consulate and explain that, due to a job complication, you wish to postpone until mid 2025.  

Edited by Crazy Cat

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

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Ryan H Grand Master

Ryan H   3,812

Posted
Filed: Lift. Cond. (apr) Country: China
 Timeline
Posted

Moved from Progress Reports to Process & Procedures.

Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

December 18, 2023:  Filed I-90 to renew Green Card

December 21, 2023:  Production of new Green Card ordered - will be seeing USCIS again every 10 years for renewal

 

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