Resume Visa Case in Process of Terminating

[MixedStatus 0]

I have an approved immigrant petition for my husband. The priority date is March 26, 2011. I misunderstood the requirement that you must pay the fee and continue contact with NVC within a year. I thought that the one year deadline began after the fee was paid. Needless to say, we are hoping to start the 601a process on March 4, so today I went to pay the visa fee since that is required to fill out the waiver. The website gave me this error: "This case is in the process of termination. Fee payments and online forms can no longer be accepted. If you believe you have received this message in error, or to resume processing of the case, please contact the NVC immediately." I emailed them and asked them to resume my case. I am wondering if anyone else has any experience with this. What is the process and the timeframe that I should expect for getting our case to be resumed? I have read that part of the termination process is that you receive a terminating letter. I never received a letter terminating the case. The only thing I have received from them was in January about the new waiver process, implying that we were still eligible. The letter gave no indication that our case was being terminated.

Any first hand experience is much appreciated. I am also interested in networking with other "mixed status" couples (US Citizen + Undocumented spouse) @mixedstatus on twitter.

PS the reason we did not pursue paying fees back in 2011 was because we realized that we were going to have to leave the country in order for him to adjust status and that he would then be faced with the 10 year bar. We were not aware of this restriction when applying for petition. We just thought that he could adjust status in usa.

May 28 2010: Married

March 29 2011 I-797 NoA Receipt date

March 26, 2011 i-797 NoA Priority date

July 8, 2011 I-797 Notice Date

Edited February 4, 2013 by MixedStatus

[TBoneTX 43,915]

*** Thread moved from K-1 Process forum to the Waivers forum -- OP's non-K-1 visa case requires a waiver. ***

[MixedStatus 0]

I have an approved immigrant petition for my husband. The priority date is March 26, 2011. I misunderstood the requirement that you must pay the fee and continue contact with NVC within a year. I thought that the one year deadline began after the fee was paid. Needless to say, we are hoping to start the 601a process on March 4, so today I went to pay the visa fee since that is required to fill out the waiver. The website gave me this error: "This case is in the process of termination. Fee payments and online forms can no longer be accepted. If you believe you have received this message in error, or to resume processing of the case, please contact the NVC immediately." I emailed them and asked them to resume my case. I am wondering if anyone else has any experience with this. What is the process and the timeframe that I should expect for getting our case to be resumed? I have read that part of the termination process is that you receive a terminating letter. I never received a letter terminating the case. The only thing I have received from them was in January about the new waiver process, implying that we were still eligible. The letter gave no indication that our case was being terminated.

Any first hand experience is much appreciated. I am also interested in networking with other "mixed status" couples (US Citizen + Undocumented spouse) @mixedstatus on twitter.

PS the reason we did not pursue paying fees back in 2011 was because we realized that we were going to have to leave the country in order for him to adjust status and that he would then be faced with the 10 year bar. We were not aware of this restriction when applying for petition. We just thought that he could adjust status in usa.

May 28 2010: Married

March 29 2011 I-797 NoA Receipt date

March 26, 2011 i-797 NoA Priority date

July 8, 2011 I-797 Notice Date

For anyone interested in the future, I did send an email to NVC immediately...which was on a Sunday night. I called the next day 2/4/13 and spoke with a lady on the phone who restarted my Approved Immigrant Petition and told me to email in the Choice of Agent. I scanned and emailed that in right away. She said that I will be receiving another fee invoice so that I can pay the fees. I went to check in the payment system and it now says "You cannot make online payments for your case at this time. Please contact the NVC if you have questions or need further information." This is different than what it said last time, so I am trusting that things will move along and be taking care of PRIOR to March 4, 2013.