Stopping the CR-1 process?

[YoungRL 4]

Hi all,

 

I've got a bit of a situation and would appreciate any insight you can offer me. On December 14, 2016, my spouse and I had our CR-1 petition approved. We have not yet submitted the NVC packets, and I know I need to do this before 12/14 in a couple of weeks. (We didn't start the immigration process with the goal to complete it as soon as possible for a variety of reasons relating to our careers; this is why I haven't yet submitted the packets.)

 

However, it is quite suddenly looking like our best option is for me to go to his country. This is all pretty sudden and not what we've been planning for the past few years. I am wondering, if we decide to have me move to him, where is the best point for us to halt the immigration process? Should I or should I not submit our NVC packets? (We haven't firmly decided anything yet--I know if I don't submit the NVC packets then we need to start once again with a petition, so we are trying to make an informed decision quickly.)

 

If I submit the packets and we halt the process after this, will it have a negative affect when we quite possibly decide to emigrate to the United States in a few years? Or will it be as simple as checking the boxes that say, yes, we have (partially) done the immigration process before and here's the number we were assigned, etc.

 

Can anyone advise or give me an idea of what to expect?

[No-Where-Man 147]

Hi,

As you mentioned, if you didn't submit the documents to NVC it will be considered abundance and the case will be administratively closed. As far as I know, there is no saving it or pausing the process and you will need to start all over again if you decided to pursue it in the future. 

The good news is, that if you maintain residency in UK (like you have a job or living there), you can submit your new I-130 through DCF (Direct Consular Filling). This is way faster than the USCIS and done from the UK consulate itself.

There should be no negative impact on any future petitions for your spouse or any other. People change their minds for a variety of reasons and it is acceptable. 

Good luck.

Edited December 1, 2017 by No-Where-Man

[YoungRL 4]

Thank you so much for your reply!

 

I knew about DCF and if I moved abroad that's how we'd go about the immigration process the second time.

 

As a follow-up question, I'm specifically wondering if it's better to stop the process before I'm supposed to submit the NVC documents or after, or if it makes no difference. I hope that makes sense. In other words, I'm kind of wondering if there's any kind of "penalty" if you abandon things at X point or Y point--you know what I mean?

[Longingfor 195]

You just need to ensure that you constantly keep in contact with NVC. You need to contact NVC and  explain your situation. Only they can truly guide you accordingly.  Call at 7am or late at night.

Edited December 1, 2017 by Longingfor

[acidrain 325]

19 minutes ago, YoungRL said:

Thank you so much for your reply!

 

I knew about DCF and if I moved abroad that's how we'd go about the immigration process the second time.

 

As a follow-up question, I'm specifically wondering if it's better to stop the process before I'm supposed to submit the NVC documents or after, or if it makes no difference. I hope that makes sense. In other words, I'm kind of wondering if there's any kind of "penalty" if you abandon things at X point or Y point--you know what I mean?

I completed a i130 a few years back and never took the petition any further after it got approved. I regret not keeping the i130 alive (especially after waiting nearly 10 months for it this time) which you can do by contacting USCIS on an annual basis. You will receive a letter each year. This will speed things up when you decide to move back to the US.

 

I would not bother completing the NVC process because it's extra fees and not much point. If you went through the entire process you wouldn't be able to keep the green card anyway because one of the conditions is you have to live in the US. All the things like medical, criminal check would have to get redone anyway. With NVC one of the main components is the affidavit of support which would not be carried forward as your last years taxes and job situation/salary will change. The i130 is worth keeping alive though and at least you didn't waste the fee. The form is based on whether they think your relationship is real and whether the petitioner is a citizen which shouldn't change.

[YoungRL 4]

1 hour ago, Longingfor said:

You just need to ensure that you constantly keep in contact with NVC. You need to contact NVC and  explain your situation. Only they can truly guide you accordingly.  Call at 7am or late at night.

When it comes to NVC, I have paid all the necessary fees and my spouse filed his DS-260. I just haven't submitted the packets. Would I still need to be in contact with them if I haven't completed this step? I don't know exactly what they would be able to advise me on...

[YoungRL 4]

58 minutes ago, acidrain said:

I completed a i130 a few years back and never took the petition any further after it got approved. I regret not keeping the i130 alive (especially after waiting nearly 10 months for it this time) which you can do by contacting USCIS on an annual basis. You will receive a letter each year. This will speed things up when you decide to move back to the US.

 

I would not bother completing the NVC process because it's extra fees and not much point. If you went through the entire process you wouldn't be able to keep the green card anyway because one of the conditions is you have to live in the US. All the things like medical, criminal check would have to get redone anyway. With NVC one of the main components is the affidavit of support which would not be carried forward as your last years taxes and job situation/salary will change. The i130 is worth keeping alive though and at least you didn't waste the fee. The form is based on whether they think your relationship is real and whether the petitioner is a citizen which shouldn't change.

I hadn't heard you could keep a petition alive... Can you give me a little more info on that, like what I'd do specifically? Fortunately it sounds relatively simple--a phone call or email, perhaps, but I wouldn't really know where to start or what to do.

 

If I did move abroad and we went with DCF down the road, I'm guessing I'd still need to start with the petition? If that's the case, it certainly sounds as if I should keep the petition alive, but we'd have much more evidence of our relationship at that point... would it matter if the petition is "outdated"?

 

We have already paid the NVC fees and my spouse filed his DS-260. The reason I'm wondering if I should file the packets is because the deadline is approaching and there's still a possibility (albeit a much slimmer one than before) that he'd be moving over here. If that's the case, I certainly don't want to lose our progress. I was just worried that it might mess things up more, to drop off in the midst of step two, you know? Based on what's happening now, if I do end up moving over to him, that decision and process would begin before he would be doing his medical exam and all of that, so we'd just stop after having done NVC.

 

Sorry for the million questions, I just want to make sure I get this right and don't lose progress if it can help me down the road!

[pushbrk 12,103]

1 hour ago, YoungRL said:

When it comes to NVC, I have paid all the necessary fees and my spouse filed his DS-260. I just haven't submitted the packets. Would I still need to be in contact with them if I haven't completed this step? I don't know exactly what they would be able to advise me on...

If you want to keep your case alive at NVC for a period of time, continue to communicate with them.  Otherwise, if you ever want to continue, you'll be faced with the choice of filing an I-824 to retrieve the case or a new I-130 altogether.  As DCF the new I-130 would be the better choice.  If you're certain that's going to be you eventual choice, send a letter to USCIS "Withdrawing" your I-130, and do not communicate with NVC any further.

[acidrain 325]

7 hours ago, YoungRL said:

I hadn't heard you could keep a petition alive... Can you give me a little more info on that, like what I'd do specifically? Fortunately it sounds relatively simple--a phone call or email, perhaps, but I wouldn't really know where to start or what to do.

 

If I did move abroad and we went with DCF down the road, I'm guessing I'd still need to start with the petition? If that's the case, it certainly sounds as if I should keep the petition alive, but we'd have much more evidence of our relationship at that point... would it matter if the petition is "outdated"?

 

We have already paid the NVC fees and my spouse filed his DS-260. The reason I'm wondering if I should file the packets is because the deadline is approaching and there's still a possibility (albeit a much slimmer one than before) that he'd be moving over here. If that's the case, I certainly don't want to lose our progress. I was just worried that it might mess things up more, to drop off in the midst of step two, you know? Based on what's happening now, if I do end up moving over to him, that decision and process would begin before he would be doing his medical exam and all of that, so we'd just stop after having done NVC.

 

Sorry for the million questions, I just want to make sure I get this right and don't lose progress if it can help me down the road!

In my case my i130 was filed with a consulate in Canada. So they sent me a letter to my address at the end of the year asking if I wanted to keep the petition alive. I never made contact and after about 2 years the petition died and my record destroyed. USCIS may have a different system and you can always call to find out. Hopefully the same thing doesn't happen to you that did to me in which the UK no longer offers DCF when the time comes to file.

 

The i130 does not technically expire because either you have a real marriage and qualify to sponsor or you don't. Make sure if your spouse moves to update the address with USCIS so any correspondence is sent to the right address.

[YoungRL 4]

On 12/1/2017 at 12:08 AM, pushbrk said:

If you want to keep your case alive at NVC for a period of time, continue to communicate with them.  Otherwise, if you ever want to continue, you'll be faced with the choice of filing an I-824 to retrieve the case or a new I-130 altogether.  As DCF the new I-130 would be the better choice.  If you're certain that's going to be you eventual choice, send a letter to USCIS "Withdrawing" your I-130, and do not communicate with NVC any further.

Thank you, pushbrk! This community is very lucky to have you and your expertise!

[YoungRL 4]

On 12/1/2017 at 6:52 AM, acidrain said:

In my case my i130 was filed with a consulate in Canada. So they sent me a letter to my address at the end of the year asking if I wanted to keep the petition alive. I never made contact and after about 2 years the petition died and my record destroyed. USCIS may have a different system and you can always call to find out. Hopefully the same thing doesn't happen to you that did to me in which the UK no longer offers DCF when the time comes to file.

 

The i130 does not technically expire because either you have a real marriage and qualify to sponsor or you don't. Make sure if your spouse moves to update the address with USCIS so any correspondence is sent to the right address.

Ah, I see. I guess I'm not too sure where I am considered to be "at" in the process. My petition was approved and I have submitted some parts of the NVC step (fees, DS-260), but not completed it entirely (with the packets). So I am not sure whether I should be reaching out to USCIS or NVC or both. I guess it can't hurt to reach out to both.

[mallafri76 1,012]

Your petition is active as long as you maintain contact with NVC at least once a year. No need to explain anything to them, just so your choice of agent and then within 12 months from that, submit something else and so on until you’re ready to proceed. 

[YoungRL 4]

2 hours ago, mallafri76 said:

Your petition is active as long as you maintain contact with NVC at least once a year. No need to explain anything to them, just so your choice of agent and then within 12 months from that, submit something else and so on until you’re ready to proceed. 

Hi, and thanks for your reply =]

 

I'm sorry, though--I'm confused by all the answers here regarding what I can do to maintain the petition. I've selected the agent, paid the AOS fee, paid the IV fee, and he has completed the DS-260. The only thing left to do is submit the packages.

 

So: is my only choice in "maintaining contact" to go ahead and submit the packages? Others have suggested calling, but again, I'm not sure which I would call: USCIS (our petition was already approved and I was under the impression we were no longer "with" USCIS at this stage in the process), or NVC (we have done part of this step, but not all of it). I'm not even sure what I would say/ask.

 

And if I were to drop at this point, again, would I be contacting USCIS, or NVC?

[Gitana 11]

My case was approved and all documents sent to the embassy and my interview was scheduled, and i found out I was pregnant and we decided we want to have baby in Ukraine and spend her first year there, and then my husband got into grad school in Italy and for next year we definitely not going back to USA.

 So for the last 2 years I email every 6 month to the embassy and they update my case, they said i can do it for as long as I want 

 

[YoungRL 4]

I wanted to submit a quick update on this, in case any future searchers might find it useful.

 

I ended up calling NVC, which was an easier experience than I thought it would be. The woman I spoke with told me that if I wanted to withdraw my case there's a form I'd have to submit. But if I wanted to keep things open, all I had to do was call once a year to make contact on the case--she said some people called every 6 months or so just to update the last date the case was touched. (Anytime anything is done on a case--a form submitted, a fee paid, a phone call made, etc.--it counts as contact.)

 

For now I'll be keeping the case open, and once I am settled abroad we'll re-evaluate what we want to do with our case.

 

Thank you all for your assistance; I realize that you more or less explained everything I found out myself, but given that I hadn't ever called NVC myself I guess I couldn't quite imagine how it would go or how it applied to my own case. (For example, I wasn't certain whether or not I should be contacting USCIS or NVC.)