Did my I-130 expire?

[halfamill 1]

I was finally able to find a sponsor after over 3 years. I acknowledge that the visa application is expired but what about the I-130? Do I have to start from scratch?

 

When I check my case status the one that starts with LIN which I assume is the I-130 I get this message

 

"On March 18, 2015, we sent your case, Receipt Number ******, to the Department of State for visa processing. You can find general information on Consular Processing by visiting our website at www.uscis.gov . The website will provide information on what to do next, who to contact, and how to inform us of any changes in your situation or address.

 

When I check the IMMIGRANT VISA APPLICATION  I get the following message hat it is expired.

"You have been notified that your registration for an immigrant visa was cancelled, and any petition approved on your behalf was also cancelled. We informed you that your application might be reinstated if, within one year, you could establish that your failure to pursue your immigrant visa application was due to circumstances beyond your control.

Since you have failed to do so, the record of your registration and any petition approved on your behalf and all supporting documents have been destroyed; any Department of Labor certification has been returned to your prospective employer.

If you are still interested in obtaining an immigrant visa, the petitioner should contact the Department of Homeland Security's (DHS) Office of U.S. Citizenship and Immigration Services (USCIS) regarding filing a new immigrant visa petition.

For more information, please visit TRAVEL.STATE.GOV."

 

Edited June 20, 2019 by halfamill

[Just Paul 4,591]

Refile.  You might have kept it alive by contacting the NVC once a year.

[USS_Voyager 1,971]

They gave you the answer. Your I-130 petition was destroyed. They only keep it at the NVC for one year, and if you don’t contact them yearly, they destroy it. You have to file it again

[halfamill 1]

That's strange I thought I was contacting them this whole time.  I was contacting them thru ASKNVC regularly. I contacted them in December and this was the message that I received "

Dear Sir/Madam:

 

The National Visa Center (NVC) received your inquiry regarding the immigrant visa petition: **** filed by **** on behalf of *******.  The NVC completed its processing of this visa petition, and forwarded it to the U.S. Embassy or Consulate in ******.

 

We forwarded your immigrant visa petition to the U.S. Embassy or Consulate on 08-FEB-2016.

 

If you have any questions about your case you should contact the Embassy or Consulate. You can find how to contact the Embassy or Consulate by going to http://usembassy.gov. Click on the region your Embassy or Consulate is in, and then click on the city name. Once the page loads, click "Contact Us."

 

You should also tell the Embassy or Consulate if you change your address, email address, or if your personal situation changes in a way that might affect your case.

Edited June 20, 2019 by halfamill

[Lil bear 3,878]

5 minutes ago, halfamill said:

That's strange I thought I was contacting them this whole time.  I was contacting them thru ASKNVC regularly. I contacted them in December and this was the message that I received "

Dear Sir/Madam:

 

The National Visa Center (NVC) received your inquiry regarding the immigrant visa petition: **** filed by **** on behalf of *******.  The NVC completed its processing of this visa petition, and forwarded it to the U.S. Embassy or Consulate in ******.

 

We forwarded your immigrant visa petition to the U.S. Embassy or Consulate on 08-FEB-2016.

 

If you have any questions about your case you should contact the Embassy or Consulate. You can find how to contact the Embassy or Consulate by going to http://usembassy.gov. Click on the region your Embassy or Consulate is in, and then click on the city name. Once the page loads, click "Contact Us."

 

You should also tell the Embassy or Consulate if you change your address, email address, or if your personal situation changes in a way that might affect your case.

Looks like your application was sent to the Consulate and is not at the NVC. Did they tell you to get a joint sponsor and submit the documents to the NVC, or to bring the joint sponsor documents to the interview. ? 

[halfamill 1]

4 minutes ago, Lil bear said:

Looks like your application was sent to the Consulate and is not at the NVC. Did they tell you to get a joint sponsor and submit the documents to the NVC, or to bring the joint sponsor documents to the interview. ? 

My wife went to the interview and was denied because the original sponsor didn't make the minimum income. Yes they told her to get a joint sponsor but we were unable to find a sponsor until now.

[Lil bear 3,878]

3 minutes ago, halfamill said:

My wife went to the interview and was denied because the original sponsor didn't make the minimum income. Yes they told her to get a joint sponsor but we were unable to find a sponsor until now.

The original petition will have been cancelled when the visa was denied. You will need to start all over now with a new  I130 

[apple21 953]

Contact the embassy. 

[halfamill 1]

Well this is a real bummer. Now I have to wait well over a year for this entire process again? Or is it much shorter the second time around?

[Just Paul 4,591]

13 minutes ago, halfamill said:

Well this is a real bummer. Now I have to wait well over a year for this entire process again? Or is it much shorter the second time around?

Not sure but I think times are longer now.

[Nitas_man 3,100]

1 hour ago, halfamill said:

I was finally able to find a sponsor after over 3 years. I acknowledge that the visa application is expired but what about the I-130? Do I have to start from scratch?

 

When I check my case status the one that starts with LIN which I assume is the I-130 I get this message

 

"On March 18, 2015, we sent your case, Receipt Number ******, to the Department of State for visa processing. You can find general information on Consular Processing by visiting our website at www.uscis.gov . The website will provide information on what to do next, who to contact, and how to inform us of any changes in your situation or address.

 

When I check the IMMIGRANT VISA APPLICATION  I get the following message hat it is expired.

"You have been notified that your registration for an immigrant visa was cancelled, and any petition approved on your behalf was also cancelled. We informed you that your application might be reinstated if, within one year, you could establish that your failure to pursue your immigrant visa application was due to circumstances beyond your control.

Since you have failed to do so, the record of your registration and any petition approved on your behalf and all supporting documents have been destroyed; any Department of Labor certification has been returned to your prospective employer.

If you are still interested in obtaining an immigrant visa, the petitioner should contact the Department of Homeland Security's (DHS) Office of U.S. Citizenship and Immigration Services (USCIS) regarding filing a new immigrant visa petition.

For more information, please visit TRAVEL.STATE.GOV."

 

Yeah it did.  That’s tough.  You have to start over.

[Just Paul 4,591]

19 minutes ago, halfamill said:

Well this is a real bummer. Now I have to wait well over a year for this entire process again? Or is it much shorter the second time around?

What nationality is your spouse?

[halfamill 1]

30 minutes ago, Paul & Mary said:

What nationality is your spouse?

Nicaragua

[geowrian 22,336]

Yup, they stated it was destroyed so it's gone now. There is no way to reinstate a petition that no longer exists.

For clarity, the I-130 did not expire. It was destroyed after an extended wait with no progress.

 

1 hour ago, Lil bear said:

The original petition will have been cancelled when the visa was denied. You will need to start all over now with a new  I130 

The petition is only cancelled (revoked) if the petition is believed to be invalid (e.g. not a bona fide marriage) and sent back to USCIS. Then it is reviewed and either reaffirmed or revoked (usually with a NOIR first).

A denied visa itself does not impact the underlying I-130. In this case, it was denied on public charge grounds, not anything to do with the validity of the petition. The embassy/consulate will generally hold the petition for 1 year then send it back to NVC, who would then hold it for a bit before processing it for destruction once the retention period expires.

[Lil bear 3,878]

3 minutes ago, geowrian said:

Yup, they stated it was destroyed so it's gone now. There is no way to reinstate a petition that no longer exists.

For clarity, the I-130 did not expire. It was destroyed after an extended wait with no progress.

 

The petition is only cancelled (revoked) if the petition is believed to be invalid (e.g. not a bona fide marriage) and sent back to USCIS. Then it is reviewed and either reaffirmed or revoked (usually with a NOIR first).

A denied visa itself does not impact the underlying I-130. In this case, it was denied on public charge grounds, not anything to do with the validity of the petition. The embassy/consulate will generally hold the petition for 1 year then send it back to NVC, who would then hold it for a bit before processing it for destruction once the retention period expires.

Thx for the correct info 😁End result the same in this instance. 

Edited June 20, 2019 by Lil bear