Delaying Visa Process – Need Advice! - Spousal visa

[CheckM8 2]

Hello VisaJourney Community,
 

I'm new here and couldn’t find information on my particular issue, so I’m seeking your advice.

 

My husband (a UK citizen) and I (a US citizen) have been enjoying life in Europe for almost ten years.

We started the visa process for moving to the US, anticipating it would take years, but it has unexpectedly moved quickly to the NVC stage, just received info in the mail and an email.

 

We want to delay our move, ideally for a year or two.

 

Our case has already been transferred to the NVC as of a few days ago, but we haven’t submitted any further documents yet.


We aim to pause rather than restart the process. Has anyone managed to delay their process at this stage? Any advice would be greatly appreciated!
 

Thanks in advance for your help!

[Crazy Cat 41,985]

Just don't pay the NVC fees or submit documents.  You can delay the case indefinitely at NVC by contacting them at least once a year.

[Dashinka 24,657]

As @Crazy Cat mentioned, it is easy to delay cases at the NVC stage to fit your schedule.

 

Good Luck!

[Redro 4,611]

Here is a great guide by one of our members @seekingthetruth

 

 

[CheckM8 2]

@Crazy Cat, @Dashinka and @Redro Thank you so much! You have put our minds at ease this Easter morning! 

I wish you all the best!

[Penguin_DE 0]

Hi @CheckM8 how long did your I-130 take to process? My wife and I are also filing from UK.

[CheckM8 2]

@Penguin_DE we filed (not from the UK) but in another country in the EU where we live, we filed March 30th 2023 and received word on March 25th that the I-30 has been approved and sent to the NVC! Best of luck! 

[delawan 3]

Remember you can only delay for a year. NVC have accept your form within a year. Otherwise your 1- 130 will expired 

[OldUser 7,034]

28 minutes ago, delawan said:

Remember you can only delay for a year. NVC have accept your form within a year. Otherwise your 1- 130 will expired 

I was under impression I-130 can be delayed indefinitely as long as you keep in touch once a year as @Crazy Cat mentioned? 

[Dashinka 24,657]

6 hours ago, delawan said:

Remember you can only delay for a year. NVC have accept your form within a year. Otherwise your 1- 130 will expired 

This is not entirely correct.  As long as you contact NVC annually, you can keep the case active at that stage.  If someone fails to contact NVC in a 12 month period, then yes, the petition is deemed abandoned.

[Redro 4,611]

7 hours ago, delawan said:

Remember you can only delay for a year. NVC have accept your form within a year. Otherwise your 1- 130 will expired 

 

1 hour ago, Dashinka said:

This is not entirely correct.  As long as you contact NVC annually, you can keep the case active at that stage.  If someone fails to contact NVC in a 12 month period, then yes, the petition is deemed abandoned.

To add to that: on VJ we’ve seen cases still active after a year + of no action. I think the couple in question was also from the UK. They didn’t pay the NVC activation fee for 2 years and were able to proceed with no issue… I will investigate and post the link later. 
But, the guide I posted by @seekingthetruth shows how you can keep cases alive for 1+ year at NVC. 

[Crazy Cat 41,985]

7 hours ago, delawan said:

Remember you can only delay for a year. NVC have accept your form within a year. Otherwise your 1- 130 will expired 

Not true.  Contacting them once a year will keep an immigrant case alive.

[pushbrk 13,011]

8 hours ago, Crazy Cat said:

Not true.  Contacting them once a year will keep an immigrant case alive.

Also, I-130 approvals do not "expire"....

[delawan 3]

17 hours ago, Redro said:

 

To add to that: on VJ we’ve seen cases still active after a year + of no action. I think the couple in question was also from the UK. They didn’t pay the NVC activation fee for 2 years and were able to proceed with no issue… I will investigate and post the link later. 
But, the guide I posted by @seekingthetruth shows how you can keep cases alive for 1+ year at NVC. 

“The Secretary of State shall terminate the registration of any alien who fails to apply for an immigrant visa within one year following notification to the alien of the availability of such visa, but the Secretary shall reinstate the registration of any such alien who establishes within 2 years following the date of notification of the availability of such visa that such failure to apply was due to circumstances beyond the alien's control.”

This means thatThis means that the foreign national relative must begin applying for an immigrant visa within one year of being notified that a visa is available. If the applicant fails to do so, INA § 203(g) allows the Embassy or Consulate to reinstate an applicant's registration within two years of being notified of an available visa. The applicant must demonstrate that their failure to apply for an immigrant visa within the one-year window was due to circumstances beyond their control. 

[pushbrk 13,011]

12 minutes ago, delawan said:

“The Secretary of State shall terminate the registration of any alien who fails to apply for an immigrant visa within one year following notification to the alien of the availability of such visa, but the Secretary shall reinstate the registration of any such alien who establishes within 2 years following the date of notification of the availability of such visa that such failure to apply was due to circumstances beyond the alien's control.”

This means thatThis means that the foreign national relative must begin applying for an immigrant visa within one year of being notified that a visa is available. If the applicant fails to do so, INA § 203(g) allows the Embassy or Consulate to reinstate an applicant's registration within two years of being notified of an available visa. The applicant must demonstrate that their failure to apply for an immigrant visa within the one-year window was due to circumstances beyond their control. 

Different context.  Delay at NVC is not limited to one year.  The above is not applicable to the current discussion.  NVC is neither an embassy or a Consulate.  If you'll provide the actual link, we can point out the actual context for you, but it is not THIS context.