IR/CR Visa and I-130 Form...

[antda 13]

Hi Everyone,

I know it’s been awhile since I posted on VJ, but I was wondering about the following. Before I continue, please note that this is NOT for my immigration situation (see my timeline for my unrelated situation), merely, it is information to be passed on to someone that I know.

The person that I know is a USC that is filing a CR/IR visa for their spouse in the Philippines. This is the situation as follows:

-The USC had their I-130 with an NOA-1 by the USCIS received in May 2007

-Their case was forwarded to the NVC, and the USC got the bill for the I-864 in August 2007. However, the USC is looking for a co-sponsor (since they do not have enough income), and will delay sending in their I-864 forms and fees for a couple of months (possibly January or February 2008) until they hear back from the potential co-sponsor. Will this delay in sending in the completed I-864 from both sponsors cause a delay in their immigration case? Is there a deadline and/or expiry date for this form and the other forms (for example, the I-130) for them to submit it? Will their case have to start all over again, because they fail to submit the forms on time?

Any thoughts, suggestions, insights, or advice would be greatly appreciated. Thanks.

Ant

[MargotDarko 0]

Hi Everyone,

I know it’s been awhile since I posted on VJ, but I was wondering about the following. Before I continue, please note that this is NOT for my immigration situation (see my timeline for my unrelated situation), merely, it is information to be passed on to someone that I know.

The person that I know is a USC that is filing a CR/IR visa for their spouse in the Philippines. This is the situation as follows:

-The USC had their I-130 with an NOA-1 by the USCIS received in May 2007

-Their case was forwarded to the NVC, and the USC got the bill for the I-864 in August 2007. However, the USC is looking for a co-sponsor (since they do not have enough income), and will delay sending in their I-864 forms and fees for a couple of months (possibly January or February 2008) until they hear back from the potential co-sponsor. Will this delay in sending in the completed I-864 from both sponsors cause a delay in their immigration case? Is there a deadline and/or expiry date for this form and the other forms (for example, the I-130) for them to submit it? Will their case have to start all over again, because they fail to submit the forms on time?

Any thoughts, suggestions, insights, or advice would be greatly appreciated. Thanks.

Ant

EDIT - Nevermind me. I shouldn't post when I'm hungry!

Edited August 25, 2007 by MargotDarko

[thermophile 0]

NVC will notify them once a year has gone by with no contact that they have one more year before their case is "expired". Expired isn't the exact word they use but I can't remember how they state it. Basically you have two years to file those forms. And if I recall correctly, the letter from NVC actually say "contact" not "forms filed" so maybe if your friend just sends a letter stating that she/he is working on getting a co-sponsor, that would count as contact and extend the freshness of their case. But if they stick to the timeline that you mentioned they should be fine.

[antda 13]

Hi Thermophile (and other VJers),

Thanks for your reply and for answering my questions. I'll pass on this information to the USC friend who needs this help. So I guess it means that as long as they keep in contact with the NVC, then things should be fine for their case. Will they have to keep in contact with the USCIS too? Is the deadline (year, two-years, or whenever else), when they got the I-130 approved from the NVC or from the USCIS? I never knew that they had two years to fill out the forms, as I always thought it was a one year expiry. Oh well. I'll just tell the USC to file the forms as quickly as possible, and to tell them to keep in contact with the NVC then.

Hope all goes well for your immigration journey too. It's nice to meet another fellow Canadian on the VJ boards.

Ant

NVC will notify them once a year has gone by with no contact that they have one more year before their case is "expired". Expired isn't the exact word they use but I can't remember how they state it. Basically you have two years to file those forms. And if I recall correctly, the letter from NVC actually say "contact" not "forms filed" so maybe if your friend just sends a letter stating that she/he is working on getting a co-sponsor, that would count as contact and extend the freshness of their case. But if they stick to the timeline that you mentioned they should be fine.

Edited August 25, 2007 by AntandD

[MargotDarko 0]

Hi Thermophile (and other VJers),

Thanks for your reply and for answering my questions. I'll pass on this information to the USC friend who needs this help. So I guess it means that as long as they keep in contact with the NVC, then things should be fine for their case. Will they have to keep in contact with the USCIS too? Is the deadline (year, two-years, or whenever else), when they got the I-130 approved from the NVC or from the USCIS? I never knew that they had two years to fill out the forms, as I always thought it was a one year expiry. Oh well. I'll just tell the USC to file the forms as quickly as possible, and to tell them to keep in contact with the NVC then.

Hope all goes well for your immigration journey too. It's nice to meet another fellow Canadian on the VJ boards.

Ant

NVC will notify them once a year has gone by with no contact that they have one more year before their case is "expired". Expired isn't the exact word they use but I can't remember how they state it. Basically you have two years to file those forms. And if I recall correctly, the letter from NVC actually say "contact" not "forms filed" so maybe if your friend just sends a letter stating that she/he is working on getting a co-sponsor, that would count as contact and extend the freshness of their case. But if they stick to the timeline that you mentioned they should be fine.

It's an approved I-130 that has the one-year expiry date.

[antda 13]

Hi MargotDarko (and other VJers),

Thanks for your reply. Yes, that USC friend had their I-130 approved from both the USCIS and the NVC (I think, as they sent them a NVC case #). So is the one-year expiry date from the USCIS approval, or the NVC approval date?

Hope your immigration journey goes well.

Ant

It's an approved I-130 that has the one-year expiry date.

Edited August 26, 2007 by AntandD

[thermophile 0]

1 year after our i130 was approved we got the letter saying that everything would be tossed in a year. That letter also said that all forms and fees would need to be resubmitted to NVC-didn't apply to us becuase we hadn't submitted anything. But we did not have to resubmit the i130. maybe we got lucky or maybe the i130 approval doesn't really expire. best to call or write USCIS for clarification.

[antda 13]

Hi Thermophile,

Thanks for your reply and explaining your situation with the I-130. You were lucky that you didn’t have to submit everything all over again. I’ll forward the information you told me to the USC that needs the help, and will tell them too to contact the immigration officials for further information. Good luck on your immigration journey!

Ant

1 year after our i130 was approved we got the letter saying that everything would be tossed in a year. That letter also said that all forms and fees would need to be resubmitted to NVC-didn't apply to us becuase we hadn't submitted anything. But we did not have to resubmit the i130. maybe we got lucky or maybe the i130 approval doesn't really expire. best to call or write USCIS for clarification.