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ajr_ntknq

Is it possible to slow down without harm/loss?

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Filed: IR-1/CR-1 Visa Country: Vietnam
Timeline

Hi- I've put a lot of effort so far into this process, and so far have the NOA2, the approval for I-130 petition. The case has moved on from USCIS and is now in the hands of NVC.

Maybe I'm just feeling overwhelmed but it looks like we will be approved within 2 months, and then will have 6 more months before we HAVE to move back to the States.

Our overall plan hasn't changed, but just wondering now - what if I need more time? To wrap up things where we are living overseas, to prepare for everything to go well when we arrive in the States.

Sure, we're just going to have to bite the bullet at some point, but I want to be fully informed - is there a way to pause the process without going back to square one?

To restate and clarify- I am an American citizen married to a foreign national for 3 years living overseas together. I am not anticipating any trouble acquiring the green card but just want to know how big a window I have to actually move us back within the basic known procedures.

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You can stretch out the process at the NVC. When you receive the invoice from the NVC, you can submit the DS261, then you can take up to a year to pay the AOS fee. Or you can pay the AOS fee and take a year to send in the AOS package. As long as you maintain some form of contact with them for once a year, you can stretch the process out. You don't have to take a full year of course, but you can.


This does not constitute legal advice.

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Filed: IR-1/CR-1 Visa Country: Vietnam
Timeline

Thanks guys - this all makes perfect sense.

Just one question though - how can we be sure we are within limits? The recommendations you both made seem 100% legit to me but surely there must be a way to take too long and have your application cancelled. Ian mentioned once a year contact at minimum which sounds correct, but is there any official communication about this?

Thanks again.

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They should't cancel the case if you contact them once within one year. I also think that they would send a notice threatening to cancel it first. Again, you don't have to take a year, but it's possible to do so. Here is the link, the info is at the bottom:

http://travel.state.gov/content/visas/english/immigrate/nvc/nvc-contact-information.html


This does not constitute legal advice.

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Filed: Country: Vietnam
Timeline

At the NVC you can delay just by not submitting all the forms. Your only required to call the NVC once a year to keep the case active.

I rescheduled the interview at the consulate after they got my CR-1 packet from the NVC.

See my post about it.

http://www.visajourney.com/forums/topic/518654-reschedule-interview/

The only requirement the embassy had was to just e-mail or call them every 6 months to keep the case active.

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