Approved I130

[mgal92 0]

Hello,

I recently discovered that my moms I-130 was apparently approved on 4/16/1998. I learned of this via the USCIS case status website in a effort to help her sort out her paperwork. She submitted the I-130 as a spouse of a US Citizen on 12/4/1997, both living here in the US.

Unfortunately due to combination of events that included them moving around quite a bit, and financial hardship she never got her approval letter or followed up regarding her status.

After getting some information over the phone with USCIS we went in to our local office and they recommend we request a FOIA to get a copy of her docket and specifically a copy of her approved I-130, they said this would be necessary to continue the process and that it would be specifically needed to apply for the I-485.

Fast forward the FOIA has been submitted but now I have heard from a friend that I-130's expire with the NVC after a year, approved or not.

This is making me nervous because if it did expire wouldn't we have to resubmit the I-130 application before moving forward? What would happen if we just attempted to continue where we left off and submitted an I-485 once we get the FOIA? Would we lose the application fee if the I-130 has indeed expired? Should we just resubmit a new I-130 application or would that be the waste of time and money? I have continuously searched the web regarding expired I-130's and have encountered nothing differing opinions. Some say they do expire after one year, others say once approved it will stay approved.

Has anyone else ever dealt with something similar?

Please help if so!

Looking forward to hearing from you all, thanks in advance!

[NikLR 13,234]

An approved unused I-130 does not expire. It's put into storage. Your friend must be thinking of how long a case stays active at the NVC.

[Ryan H 3,926]

Moved from IR-1/CR-1 Process & Procedures to Bringing Family Members of US Citizens to America forum.

[mgal92 0]

An approved unused I-130 does not expire. It's put into storage. Your friend must be thinking of how long a case stays active at the NVC.

Does that mean we can continue the process without resubmitting a new I-130? So our next steps would be to submit an I-485?

[L_n_O 3]

So there's no time limit on when you need to "enter" the US on your approved I-130? I couldn't find this info online the other day...

[NikLR 13,234]

Does that mean we can continue the process without resubmitting a new I-130? So our next steps would be to submit an I-485?

Yes but you have to pay $$ to get the I-130 out of storage. I believe it's an I-824. https://www.uscis.gov/i-824

So there's no time limit on when you need to "enter" the US on your approved I-130? I couldn't find this info online the other day...

No but you can't enter the USA on an approved I-130. You need a visa if you're not adjusting status. An I-130 petition simply allows a family member to either adjust their status or apply for a visa. It doesn't grant any immigration benefit.

But an I-130 does not expire like an I-129F does.

[mgal92 0]

Yes but you have to pay $$ to get the I-130 out of storage. I believe it's an I-824. https://www.uscis.gov/i-824

No but you can't enter the USA on an approved I-130. You need a visa if you're not adjusting status. An I-130 petition simply allows a family member to either adjust their status or apply for a visa. It doesn't grant any immigration benefit.

But an I-130 does not expire like an I-129F does.

Hi NLR, thanks for the response. I filed a FOIA a couple of months ago, would i still have to file an I-824 or will it come with the FOIA, since I requested a copy of the docket?

[NikLR 13,234]

I do not know. That's beyond my realm of knowledge