How much time can you take after NOA2 to send in documents/complete steps?

[Alcyone 0]

Please feel free to point me to an existing thread if there is one.

 

As the title suggests, I'm wondering not how much time it will take after NOA2 to complete the process. Rather I'm wondering how much time do you have or are you given by USCIS to complete the remaining steps? Is there a limit such as you have 90 or 180 or ## days to complete the affadavit, medical exams, etc AFTER NOA2 or else the case is closed/rejected?

 

I'm asking this mainly for two reasons...

 

1 - Our 2 year anniversary would potentially be around that time hence if I could put things off a bit after NOA2 then I'm thinking we would (if eventually approved) get an IR-1 rather than a CR-1 and avoid paying extra fees.

 

2 - My wife is in Canada and I'm in the US now working, my work is on a contract basis so it is possible I may have to return to canada (i'm a US Citizen & canadian PR so no issues with my being in Canada per the Canadian government). As such I'd potentially not have domicile in the USA upon getting NOA2 so I wonder how much time I'd have essentially to establish domicile before sending in the affadavit, ,etc. We have sufficient funds and other assets to meet the income requirements but from what I've read here Montreal is quite strict on the petitioner (me) being present and employed in the US at the time of document submission (affadivt,, etc).

Edited August 16, 2017 by Alcyone

[Russ&Caro 1,549]

You can probably slow walk the NVC process (after receipt of NOA2) for a few months. Understand that the entire NVC process from NOA2 to receipt of visa averages 6 months, or more. Also understand that once she receives her visa, she is allowed another 6 months to enter the USA. The IR vs CR designation is based on the date of Point of Entry (POE). So if she enters the US 1 day after your anniversary, she'll receive a 10 yr green card.

[Alcyone 0]

RC - thank you for the reply and the helpful comment about it being based on POE. That makes it simpler to address point 1 which is to avoid being stuck with the CR-1 designation.

 

My biggest conccern is point 2 about domicile. Namely that it is almost certain that I'll be in Canada when we get NOA2, (i'm guessing that will happen in March/APril 2018), at which point I'll really need to move and get a job in the states. My biggest worry is that they will essentially say something to the effect of "you have 60/90/120 days to prove domicile and employment in the USA or we'll close your case".

 

Is there a specific time limit on the forms (i-864, etc) and procedures (medical) that have to be completed after NOA2?

Edited August 16, 2017 by Alcyone

[Russ&Caro 1,549]

I don't know that much about domicile issues. You might search this forum with the word "domicile". You might come up with some good information that can answer your question. Good luck.

[NikLR 13,232]

On 8/16/2017 at 6:47 AM, Alcyone said:

Please feel free to point me to an existing thread if there is one.

 

As the title suggests, I'm wondering not how much time it will take after NOA2 to complete the process. Rather I'm wondering how much time do you have or are you given by USCIS to complete the remaining steps? Is there a limit such as you have 90 or 180 or ## days to complete the affadavit, medical exams, etc AFTER NOA2 or else the case is closed/rejected?

 

I'm asking this mainly for two reasons...

 

1 - Our 2 year anniversary would potentially be around that time hence if I could put things off a bit after NOA2 then I'm thinking we would (if eventually approved) get an IR-1 rather than a CR-1 and avoid paying extra fees.

 

2 - My wife is in Canada and I'm in the US now working, my work is on a contract basis so it is possible I may have to return to canada (i'm a US Citizen & canadian PR so no issues with my being in Canada per the Canadian government). As such I'd potentially not have domicile in the USA upon getting NOA2 so I wonder how much time I'd have essentially to establish domicile before sending in the affadavit, ,etc. We have sufficient funds and other assets to meet the income requirements but from what I've read here Montreal is quite strict on the petitioner (me) being present and employed in the US at the time of document submission (affadivt,, etc).

You can actually slow down the process for YEARS.  Not months, YEARS.  As long as you send something or keep in contact with the NVC at least once per year, you stay active in the system, and your file doesn't go into storage.  For example, you could send the DS-261, wait a year, pay the AOS fee, wait a year, pay the IV fee, wait a year, send the IV and AOS package and then finally get a case complete and interview.  Then you have 6 months from the medical date to enter.  This is why we encourage people on VJ to start the process EARLY because you cannot speed it up without a lot of hassle and issues. BUT you can easily slow it down and take the time you need.

 

You must establish domicile by the interview, not document submission. 

[Alcyone 0]

On 8/18/2017 at 3:17 PM, NikLR said:

You can actually slow down the process for YEARS.  Not months, YEARS.  As long as you send something or keep in contact with the NVC at least once per year, you stay active in the system, and your file doesn't go into storage.  For example, you could send the DS-261, wait a year, pay the AOS fee, wait a year, pay the IV fee, wait a year, send the IV and AOS package and then finally get a case complete and interview.  Then you have 6 months from the medical date to enter.  This is why we encourage people on VJ to start the process EARLY because you cannot speed it up without a lot of hassle and issues. BUT you can easily slow it down and take the time you need.

 

You must establish domicile by the interview, not document submission. 

Thank you so much for sharing this. It is exactly what I hoped to find out and gives me a much better idea of how to move forward in the future.