Purposely Delay after I-130 NOA2 approval letter?

[Ben & Katy 168]

Can you purposefully delay the CR1/IR1 visa process after you have received the NOA2 letter for approval of your I-130?  In my case married on July 14,2017, submitted my I-130 on September 15th,2017.  Would I be able to delay the rest on purpose? My idea would be my wife enters the US after our second wedding anniversary on July 15th,2019 so she can get the IR1 stamp for 10 years instead of the CR1.  

 

I am thinking about this option in case our approval takes 8-12 months.  We live together already in Mexico and I work across the border in the USA.  

[bakphx1 785]

I don't think so.  We wanted that as well.  Aside from moving your interview date up a little and then the visa is good for six months for the initial entry.  That would give you some time. 

[No-Where-Man 147]

49 minutes ago, ironpatriot1 said:

Can you purposefully delay the CR1/IR1 visa process after you have received the NOA2 letter for approval of your I-130?  In my case married on July 14,2017, submitted my I-130 on September 15th,2017.  Would I be able to delay the rest on purpose? My idea would be my wife enters the US after our second wedding anniversary on July 15th,2019 so she can get the IR1 stamp for 10 years instead of the CR1.  

 

I am thinking about this option in case our approval takes 8-12 months.  We live together already in Mexico and I work across the border in the USA.  

Once your case is approved at USCIS it is transferred to NVC where it can stay there for a maximum of one year. So you might just leave it at NVC and before the year ends you must contact NVC so the case does not expire and gets processed. That might work for you. 

[Ben & Katy 168]

On 12/5/2017 at 11:24 PM, No-Where-Man said:

Once your case is approved at USCIS it is transferred to NVC where it can stay there for a maximum of one year. So you might just leave it at NVC and before the year ends you must contact NVC so the case does not expire and gets processed. That might work for you. 

Ok let me get this straight;

 

Lets pretend that On March 1,2018 I receive a letter that my i-130 was approved.  Then on March 10th it arrives at the NVC.  So what you are saying is if I want to delay just wait till maybe January of 2019 to proceed by filling out the remaining paperwork, paying the fees and then schedule the interview for lets say June 2019?  Then wait till the day after my second wedding anniversary on July 15th,2019 to cross at the port of entry?

[Lee & Lei 42]

13 hours ago, ironpatriot1 said:

Ok let me get this straight;

 

Lets pretend that On March 1,2018 I receive a letter that my i-130 was approved.  Then on March 10th it arrives at the NVC.  So what you are saying is if I want to delay just wait till maybe January of 2019 to proceed by filling out the remaining paperwork, paying the fees and then schedule the interview for lets say June 2019?  Then wait till the day after my second wedding anniversary on July 15th,2019 to cross at the port of entry?

Yes. You can do this. As long as you call them or do something towards processing your case before one year elapses, you are good. 

 

My wife and I received our NOA2 in March, and we didn't get our NVC packet mailed out until the middle of August. From the time the NVC receives your packet, assuming all is correct, you should receive your case complete status within 8-11 weeks. Then from there, the time until you get an interview date depends on the embassy. Once you do the interview and receive the visa, the visa is generally valid for 6 months but can be less depending on your medical. 

 

 

Edited December 9, 2017 by Lee & Lei

[Nitas_man 3,100]

On ‎12‎/‎6‎/‎2017 at 8:33 AM, ironpatriot1 said:

Can you purposefully delay the CR1/IR1 visa process after you have received the NOA2 letter for approval of your I-130?  In my case married on July 14,2017, submitted my I-130 on September 15th,2017.  Would I be able to delay the rest on purpose? My idea would be my wife enters the US after our second wedding anniversary on July 15th,2019 so she can get the IR1 stamp for 10 years instead of the CR1.  

 

I am thinking about this option in case our approval takes 8-12 months.  We live together already in Mexico and I work across the border in the USA.  

You can delay the medical and police certificate for a few weeks (or longer) then your wife has 6 months from medical to enter the US. 

 

They won't schedule the interview until the medical is done - so that is the best step to delay in the process.

 

However to delay for a year?  I'm not sure it can be stretched out that long.

Edited December 9, 2017 by Nitas_man

[Lee & Lei 42]

Just now, Nitas_man said:

Yes. 

 

You can delay the medical and police certificate for a few weeks then your wife has 6 months from medical to enter the US. 

 

They won't schedule the interview until the medical is done - so that is the best step to delay in the process.

This is not correct --

 

Once you receive Case Complete from the NVC, they will schedule your interview about 4-6 weeks out and during that time, you have to do your medical. You cannot do the medical without having the interview letter to present. 

[Nitas_man 3,100]

3 minutes ago, Lee & Lei said:

This is not correct --

 

Once you receive Case Complete from the NVC, they will schedule your interview about 4-6 weeks out and during that time, you have to do your medical. You cannot do the medical without having the interview letter to present. 

It is correct (if) the embassy will re-schedule the interview for you. 

 

We always delay on that step.

 

 

Edited December 9, 2017 by Nitas_man

[Nitas_man 3,100]

13 hours ago, ironpatriot1 said:

Ok let me get this straight;

 

Lets pretend that On March 1,2018 I receive a letter that my i-130 was approved.  Then on March 10th it arrives at the NVC.  So what you are saying is if I want to delay just wait till maybe January of 2019 to proceed by filling out the remaining paperwork, paying the fees and then schedule the interview for lets say June 2019?  Then wait till the day after my second wedding anniversary on July 15th,2019 to cross at the port of entry?

Medical anytime after mid-feb, 2019 will do it.

[NikLR 13,220]

You can keep in contact with the NVC once per year.  Technically you could stretch it out for years but you need to do the ds-260 within a year of paying the fees and the interview within a year of that.  

Edited December 9, 2017 by NikLR

[Ben & Katy 168]

2 hours ago, NikLR said:

You can keep in contact with the NVC once per year.  Technically you could stretch it out for years but you need to do the ds-260 within a year of paying the fees and the interview within a year of that.  

The reason why I am thinking of doing this is because right now I am commuting to Tucson everyday from Nogales.  I got word that I might have an opportunity this coming early spring to do a lateral transfer to the Nogales,AZ office.  

 

If this happens our urgency level goes down to get the visa process for my wife done. And this makes us want to continue living on the Mexican side to fulfill the 2 wedding anniversary requirement in order to qualify for a IR1 instead of a CR1 so we can save some dough in the long run. 

 

If the approval letter for the I-130 comes before Nogales has an opening I want to just stick it out in Tucson and rush to get her visa done.  Then her and I can just move to Tucson which would cut my commute in half anyways.  

[Ben & Katy 168]

2 hours ago, NikLR said:

You can keep in contact with the NVC once per year.  Technically you could stretch it out for years but you need to do the ds-260 within a year of paying the fees and the interview within a year of that.  

When you say fee do you mean the fee that I already paid in September for the filing of the I-130?or do you mean the fee I will pay after I fill out the ds-260 online?

[NikLR 13,220]

The fees I refer to are the fee for the AOS and the fee for the ds-260 which is paid before you fill out the ds-260.  

[Ben & Katy 168]

On 12/9/2017 at 2:28 PM, NikLR said:

The fees I refer to are the fee for the AOS and the fee for the ds-260 which is paid before you fill out the ds-260.  

oK for example if I pay the AOS fee in May 2018 I need to complete the DS 260 by May 2019 and then interview no later than May 2020? 

[NikLR 13,220]

Just now, ironpatriot1 said:

oK for example if I pay the AOS fee in May 2018 I need to complete the DS 260 by May 2019 and then interview no later than May 2020? 

Kind of.  The AOS fee isnt tied to the ds-260... that would be the IV fee.  The embassy may demand the IV fee and ds-260 within 1 year of interview.  

If you dont want to interview until 2020 you will need to space everything out appropriately but not so that new fees or documents are needed.