Looking for guidance.Filing I-130 in 2000, moved to oversea and file disappear

[TorontoMia 0]

My husband (US Citizen) and I began the process of applying for my green card after we married in 2000 in San Francisco. We have applied I-765, I-130, I-485 on May 25, 2000 at INS (USCIS doesn't exist) San Francisco, we have the receipt number start with A..

Jan 11, 2001 we applied I-131 port of entry and we moved to Bermuda, we had an attorney transferred our file to Bermuda on Sep 2001, where it has been on hold as we have not been living in the US, an officer in Bermuda told us let they know when we ready to move back to US so they can issues the green card.

We both move to Toronto Canada in 2007, we didn't contacted Bermuda consulate because we are not move back to US.

I am currently living in Canada, while my husband is already in San Francisco since 2011. I have decided to move to San Francisco this fall and so are interested in re-activating the application. I contacted the consulate in Bermuda but they can't find my information in the system, so did my husband called to USCIS. I am unclear what we should do to find the application file or the next step(re-apply?) and am hoping someone be able to provide guidance.

[Mollie09 1,543]

Just start over, after that much time your application is long gone.

A lot of the process has changed too, so there's no way to "re-activate" a petition form 2001.

Edited June 20, 2014 by F1H1I130

[pushbrk 13,691]

Just start over, after that much time your application is long gone.

A lot of the process has changed too, so there's no way to "re-activate" a petition form 2001.

Are you just making this up as you go? The above is incorrect. If the OP has the original case number from the I-130 filing, they can file an I-824 to get it reactivated. So, there IS a "way" to re-activate a petition for alien relative. (I-130)

However, to the OP, you will not be applying for a green card but rather an IR1 immigrant spouse visa, which once used, will trigger the production of a green card. You may well be wise to start over anyway though as your information has changed significantly since the original petition was filed. For a cleaner more efficient process, I would have your husband file a new I-130. Follow this guide. http://www.visajourney.com/content/i130guide1

The process will take about a year, coming from Canada.

[TorontoMia 0]

Thank you both.

The process will take about a year, coming from Canada.

A year!!, is there a risk filing I-130 in the US? I do not need visa to go to US. Can we filing I-130 when I move there?

[pushbrk 13,691]

If, while you were visiting you then decided to stay adjust status, you could do so, then go back and "move here" but Canadians need immigrant visas to "move here" just like people from any other country.

[NikLR 13,234]

You cannot just move to the USA without an appropriate visa no matter where you're from or who you're married to.

[Mollie09 1,543]

Are you just making this up as you go? The above is incorrect.

No, I am not "making this up as I go". I had a friend in a similar situation who was laughed out of an embassy trying to "reactivate" a case from 5 years ago and told to start over. I was talking from that experience.

I apologize if what I said was incorrect and had no intention to mislead the OP, but the snappy response was unnecessary.

[pushbrk 13,691]

No, I am not "making this up as I go". I had a friend in a similar situation who was laughed out of an embassy trying to "reactivate" a case from 5 years ago and told to start over. I was talking from that experience.

I apologize if what I said was incorrect and had no intention to mislead the OP, but the snappy response was unnecessary.

Intentions are not clear when making false assertions, but false assertions must be corrected. You do not re-start a case at the Embassy or Consulate. You do it with USCIS, and there definitely IS a way to do it.

[NikLR 13,234]

An approved I-130 doesn't expire but it does go into storage from which you must get it retrieved. I think the form is an I-824? http://www.uscis.gov/i-824

No, I am not "making this up as I go". I had a friend in a similar situation who was laughed out of an embassy trying to "reactivate" a case from 5 years ago and told to start over. I was talking from that experience.

I apologize if what I said was incorrect and had no intention to mislead the OP, but the snappy response was unnecessary.

[pushbrk 13,691]

An approved I-130 doesn't expire but it does go into storage from which you must get it retrieved. I think the form is an I-824? http://www.uscis.gov/i-824

Exactly correct, but already mentioned. Although I don't advise it in this case, you do not restart a case at the Embassy or Consulate, so it makes sense they would laugh. It also makes sense they might not know, at the Embassy, just how one would proceed, since it's another separate government agency.

You'll find this over and over again in the visa process, since no single agency handles the whole process from start to finish.

[jan22 3,178]

The only thing that probably still exists is the petition, however. When an Embassy has no response from an applicant within a year, it sends a notice giving another notice that you must contact them within a year or the case will be closed. If nothing, then the case is "termed out" and the file destroyed.

Given the time it will take to locate and reactivate the original petition, might be faster/easier to start over. Just a thought.

[pushbrk 13,691]

The only thing that probably still exists is the petition, however. When an Embassy has no response from an applicant within a year, it sends a notice giving another notice that you must contact them within a year or the case will be closed. If nothing, then the case is "termed out" and the file destroyed.

Given the time it will take to locate and reactivate the original petition, might be faster/easier to start over. Just a thought.

The I-130 package is not "destroyed" by the Embassy or Consulate. It is returned to USCIS, where it can be pulled out by filing the I-824. While I agree, that in many cases, including this one, it will be better to withdraw the old petition and file a new one, your assertion that any file is "destroyed" in such a case, is incorrect.