Delaying the Immigration process - At what stage?

[grad_student 11]

Hello everyone,

Me and my wife filed for I-130 petition mid August (my wife is USC). But I am required to fulfill 2 year home residency requirement before I can immigrate to US. Long story short, it was the condition on my previous visa to US. I recently moved back to my home country (late August) to fulfill the 2 year residency requirement. Upon fulfillment of 2 year residency requirement, I will hopefully be immigrating to US.

I realize the usual time it takes for applying (i.e. getting interview at US embassy) IR-1 / CR-1 visa is less than two years. This means I need to intentionally delay the application process. This appears to be the safe and secure option. Keeping this in mind, I have some questions (below) that I would like to get some answers. The main theme here is at which stage can I intentionally delay the process (by not taking any action, letting the time pass) and not get my immigration application expired or something like that.

1) Does the approved I-130 petition has an expiration time? Like it expires in one year after approval if no further action is taken?

2) Is there a certain time period within which beneficiary needs to file DS-261 once I-130 is approved?

3) Is there a certain time period to pay the Affidavit of Support fee once it is billed to your account?

4) Is there a certain time period to pay the Immigrant Visa fee once it is billed to your account?

5) I have heard that the petitioner/beneficiary has one year to send in the AOS package and one year to send in the Immigrant Visa package. I am wondering 1 year from what date? Like when does this one year time period start?

6) NVC schedules the visa interview at the US embassy (in a foreign country) and then send embassy the case with all the documents or NVC sends the case with all the documents to US embassy and then embassy schedules your Immigrant Visa interview date?

Any help would be much appreciated. I have gotten so much helpful advice from this forum that I cant say thanks enough. I would update my case along the way and try to help others as well.

Thanks

[hammadf2a 3]

Hey to answer you in short , Dont delay ir1/cr1 process at all go ahead and apply for it there are many security checks etc and it would take probably more than two years, if not its better two have conditional greencard apply for extension come back, and complete your residency ,that what i suggest.

P.s i have been through whole process just waiting for ap to be over.

[grad_student 11]

Hey to answer you in short , Dont delay ir1/cr1 process at all go ahead and apply for it there are many security checks etc and it would take probably more than two years, if not its better two have conditional greencard apply for extension come back, and complete your residency ,that what i suggest.

P.s i have been through whole process just waiting for ap to be over.

I am pretty decided on delaying my case until I fulfill the 2 year home residency requirement. I have already discussed that here on this forum (link below). Doesnt sound like you read my post fully or dont know what the 2 year home residency requirement is. I sum, I will get rejection for immigrant visa if I have not fulfilled the 2 year home residency requirement by the time of my visa interview. In any case, thanks for your intent to help and share info.

Anyways, I would really appreciate if someone can answer the questions I posted above.

http://www.visajourney.com/forums/topic/516997-had-j1-visa-with-212-e-2-year-residency-and-now-applying-for-ir-1-cr-1-spouse-visa/

Edited October 27, 2014 by grad_student

[dwheels76 5,468]

Hello everyone,

Me and my wife filed for I-130 petition mid August (my wife is USC). But I am required to fulfill 2 year home residency requirement before I can immigrate to US. Long story short, it was the condition on my previous visa to US. I recently moved back to my home country (late August) to fulfill the 2 year residency requirement. Upon fulfillment of 2 year residency requirement, I will hopefully be immigrating to US.

I realize the usual time it takes for applying (i.e. getting interview at US embassy) IR-1 / CR-1 visa is less than two years. This means I need to intentionally delay the application process. This appears to be the safe and secure option. Keeping this in mind, I have some questions (below) that I would like to get some answers. The main theme here is at which stage can I intentionally delay the process (by not taking any action, letting the time pass) and not get my immigration application expired or something like that.

1) Does the approved I-130 petition has an expiration time? Like it expires in one year after approval if no further action is taken?

2) Is there a certain time period within which beneficiary needs to file DS-261 once I-130 is approved?

3) Is there a certain time period to pay the Affidavit of Support fee once it is billed to your account?

4) Is there a certain time period to pay the Immigrant Visa fee once it is billed to your account?

5) I have heard that the petitioner/beneficiary has one year to send in the AOS package and one year to send in the Immigrant Visa package. I am wondering 1 year from what date? Like when does this one year time period start?

6) NVC schedules the visa interview at the US embassy (in a foreign country) and then send embassy the case with all the documents or NVC sends the case with all the documents to US embassy and then embassy schedules your Immigrant Visa interview date?

Any help would be much appreciated. I have gotten so much helpful advice from this forum that I cant say thanks enough. I would update my case along the way and try to help others as well.

Thanks

1) Does the approved I-130 petition has an expiration time? Like it expires in one year after approval if no further action is taken? No it doesn't expire after approval

2) Is there a certain time period within which beneficiary needs to file DS-261 once I-130 is approved? Basically you next 4 questions is all about NVC. Once NVC contacts you that they have your case entered and assigned you a case# they give you instructions what to do next with DS-261 paying fees. This is their first contact. You have ONE year from that contact date to notify NVC. If you fail to notify (it can be a query a here I am you don;t have to pay fee or start processing yet) If you failed to contact them your petitioned would be cancelled and sent back to USCIS where they will box it up and put in warehouse storage. You would than have to pay fee (if you didn't want to restart) I think its like $480 to reopen case. So most people who want to delay at this point just call within that year to keep petition active

3) Is there a certain time period to pay the Affidavit of Support fee once it is billed to your account? See answer n #2

4) Is there a certain time period to pay the Immigrant Visa fee once it is billed to your account? See answer n #2

5) I have heard that the petitioner/beneficiary has one year to send in the AOS package and one year to send in the Immigrant Visa package. I am wondering 1 year from what date? Like when does this one year time period start? See answer n #2

6) NVC schedules the visa interview at the US embassy (in a foreign country) and then send embassy the case with all the documents or NVC sends the case with all the documents to US embassy and then embassy schedules your Immigrant Visa interview date? Yes this is correct. Here also you can delay your interview time and get it pushed out months ahead (not sure how far ahead but you can always move it ahead)

[grad_student 11]

1) Does the approved I-130 petition has an expiration time? Like it expires in one year after approval if no further action is taken? No it doesn't expire after approval

2) Is there a certain time period within which beneficiary needs to file DS-261 once I-130 is approved? Basically you next 4 questions is all about NVC. Once NVC contacts you that they have your case entered and assigned you a case# they give you instructions what to do next with DS-261 paying fees. This is their first contact. You have ONE year from that contact date to notify NVC. If you fail to notify (it can be a query a here I am you don;t have to pay fee or start processing yet) If you failed to contact them your petitioned would be cancelled and sent back to USCIS where they will box it up and put in warehouse storage. You would than have to pay fee (if you didn't want to restart) I think its like $480 to reopen case. So most people who want to delay at this point just call within that year to keep petition active

3) Is there a certain time period to pay the Affidavit of Support fee once it is billed to your account? See answer n #2

4) Is there a certain time period to pay the Immigrant Visa fee once it is billed to your account? See answer n #2

5) I have heard that the petitioner/beneficiary has one year to send in the AOS package and one year to send in the Immigrant Visa package. I am wondering 1 year from what date? Like when does this one year time period start? See answer n #2

6) NVC schedules the visa interview at the US embassy (in a foreign country) and then send embassy the case with all the documents or NVC sends the case with all the documents to US embassy and then embassy schedules your Immigrant Visa interview date? Yes this is correct. Here also you can delay your interview time and get it pushed out months ahead (not sure how far ahead but you can always move it ahead)

I appreciate you taking time to respond to my questions. I am little confused about your response to question #2. I wanna make sure how the process works so my petition doesnt gets boxed and put into a warehouse. I may sound finicky, just a warning.

You wrote:

Once NVC contacts you that they have your case entered and assigned you a case# they give you instructions what to do next with DS-261 paying fees.

I was under the impression that NVC does not notify either the petitioner or the beneficiary when they receive the case from USCIS or enter it in their system. I thought we were supposed to call them up and ask if they have received out case from USCIS. At least this is what I remember reading on Saylin's wiki.

Also, you wrote:

This is their first contact. You have ONE year from that contact date to notify NVC.

1. What do you mean by "to notify NVC" to be exact?

2. Petitioner/beneficiary have one year from the first contact date to complete the whole visa application process with NVC? Is that what it means?

3. Does it mean that if petitioner/beneficiary do not take any action on the case for an entire 1 year at any point in the whole application process, the petition would be cancelled and sent back to USCIS?

Again, sorry for being finicky but I really dont wanna have my petition cancelled because I didnt take any action on my case for a certain period of time.

Thanks

Edited October 27, 2014 by grad_student

[dwheels76 5,468]

I appreciate you taking time to respond to my questions. I am little confused about your response to question #2. I wanna make sure how the process works so my petition doesnt gets boxed and put into a warehouse. I may sound finicky, just a warning.

You wrote:

Once NVC contacts you that they have your case entered and assigned you a case# they give you instructions what to do next with DS-261 paying fees.

I was under the impression that NVC does not notify either the petitioner or the beneficiary when they receive the case from USCIS or enter it in their system. I thought we were supposed to call them up and ask if they have received out case from USCIS. At least this is what I remember reading on Saylin's wiki.

Also, you wrote:

This is their first contact. You have ONE year from that contact date to notify NVC.

1. What do you mean by "to notify NVC" to be exact?

2. Petitioner/beneficiary have one year from the first contact date to complete the whole visa application process with NVC? Is that what it means?

3. Does it mean that if petitioner/beneficiary do not take any action on the case for an entire 1 year at any point in the whole application process, the petition would be cancelled and sent back to USCIS?

Again, sorry for being finicky but I really dont wanna have my petition cancelled because I didnt take any action on my case for a certain period of time.

Thanks

No NVC sends an email to you. Many call to be more on top their case. But for someone like you not in hurry just wait for the email. They use the email used on the petition.

1. What I mean by notify I mean once they have made initial contact with you say you got first email Nov 1st you have 1 year from that date to contact them this keeps your case active. So you can call and say you aren't ready. How is the weather what is knew. I suggest call not email.

That year buys you another year from that date. So basically until you are ready to proceed you will not pay or send in anything.

2. Well yes and No, You have 1 year to contact NVC. I know many people who like you needed to delay some things and stayed at NVC over a year one 2 years but they made that yearly call to keep case active.

3. If you didn't contact NVC within that year they will cancel your cancel and send back to USCIS

[domo22 3]

i think my post got deleted.

Hi Grad_student,

I am also in similar situation. but now i am at NVC stage and I also have to delay the process by 1-2 years.

It seems to me like 1 year delay is allowed as per the clause at the bottom of the welcome lettter from NVC

but i am also not sure if just a yearly call to NVC is enough after the first year of delay....

Just FYI, this is the exact wording in the NVC welcome letter I recieved ...

Termination of Registration

Immigration and Nationality Act (INA) section 203(g) provides that the 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. The petition may be reinstated if, within two years of notice of visa

availability, the alien establishes that the failure to apply was for reasons beyond the alien's control.

Therefore if you do not respond to notices from the National Visa Center within one year you risk

termination of your petition under this section of law and would lose the benefits of that petition, such as

your priority date.

[grad_student 11]

Domo22, I dont think your post got deleted. Rather split up in to a separate thread which is at the link below:

http://www.visajourney.com/forums/topic/520996-delaying-case-and-nvc-split-topic/

I am not 100% on the interpretation of the INA section 203 (g) as you posted above. I hope someone can shed light on it. But it sounds like one has to apply for visa within one year. But am not sure what that means.

As dwheels mentioned above, all you need to do is contact NVC at least once every year and not let your case closed upon. Something similar was told to my wife when she called NVC like a couple weeks ago. So thats what I am going with. Hope it helps. You are welcome to call NVC yourself and discuss your case in particular. Kindly let everyone here know what they say.

[grad_student 11]

i think my post got deleted.

Hi Grad_student,

I am also in similar situation. but now i am at NVC stage and I also have to delay the process by 1-2 years.

It seems to me like 1 year delay is allowed as per the clause at the bottom of the welcome lettter from NVC

but i am also not sure if just a yearly call to NVC is enough after the first year of delay....

Just FYI, this is the exact wording in the NVC welcome letter I recieved ...

Termination of Registration

Immigration and Nationality Act (INA) section 203(g) provides that the 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. The petition may be reinstated if, within two years of notice of visa

availability, the alien establishes that the failure to apply was for reasons beyond the alien's control.

Therefore if you do not respond to notices from the National Visa Center within one year you risk

termination of your petition under this section of law and would lose the benefits of that petition, such as

your priority date.

Do you mind telling us why you need to delay the visa application process? Mine is because I have this 2 year home residency requirement that I have to fulfill.

[NikLR 13,227]

You can delay at the NVC by waiting to send in documentation. You have 1 year between each contact, so you can submit the DS-261, wait almost a year, pay the AOS bill and submit that, wait almost a year, do the IV requirements, then get the CC and interview.

You cannot delay at the USCIS.

[domo22 3]

Thanks everyone for thoughtful and valuable inputs.

will keep you posted but seems like you guys got it right

It's just a personal reason that we had to delay the process. My USC spouse has got promoted unexpectedly and leaving his job ( in order to immigrate to the US) in a few months will jeopardize his career and professional reputation that we decided to stay put for at least for 1-2 years.