Delaying IR1 visa application at NVC stage

[Bill Hamze 89]

I've searched the forum on this, and as far as I know, you have a year to file your visa application once your I-130 petition gets approved and your case reaches the NVC stage. 

 

In my case, I think I will need more than a year. Few reasons:

 

- the COVID situation in the U.S. 

- I have a baby on the way, and I don't want to fly to the U.S. too soon after she's born

- and probably the most relevant reason... my business was impacted by COVID this year, and as of today, I don't meet the I-864 income requirements. 

 

So my wife and I want to stay put (in Vietnam) until my business recovers and I have a year's worth of proof that I actually meet the income requirements. If things pick up again in 2021, then it won't be until mid-2022 until I build a paper trail long enough to back up my case. If not longer. 

 

When my case reaches the NVC stage (assuming my petition gets approved sometime in the next few months), how can I delay my case at the NVC stage? 

 

How long can I delay it? One extra year? Indefinitely? 

 

Thanks in advance.

 

[HRQX 4,145]

11 minutes ago, Bill Hamze said:

How long can I delay it? One extra year? Indefinitely?

Indefinitely, but make sure to contact NVC at least once every 12 months.

[kittycat 28]

16 minutes ago, Bill Hamze said:

I've searched the forum on this, and as far as I know, you have a year to file your visa application once your I-130 petition gets approved and your case reaches the NVC stage. 

 

In my case, I think I will need more than a year. Few reasons:

 

- the COVID situation in the U.S. 

- I have a baby on the way, and I don't want to fly to the U.S. too soon after she's born

- and probably the most relevant reason... my business was impacted by COVID this year, and as of today, I don't meet the I-864 income requirements. 

 

So my wife and I want to stay put (in Vietnam) until my business recovers and I have a year's worth of proof that I actually meet the income requirements. If things pick up again in 2021, then it won't be until mid-2022 until I build a paper trail long enough to back up my case. If not longer. 

 

When my case reaches the NVC stage (assuming my petition gets approved sometime in the next few months), how can I delay my case at the NVC stage? 

 

How long can I delay it? One extra year? Indefinitely? 

 

Thanks in advance.

 

 

 

At NVC stage, you can delay longer, or as long as you need to, just make sure you reach out to them once a year in writing, so that the case does not go into termination cycle. 

[Ryan H 3,790]

Moved from Progress Reports to Process & Procedures.

[Boiler 43,434]

SO you business will continue and the income you derive from it when you move?

[Bill Hamze 89]

3 hours ago, kittycat said:

 

 

At NVC stage, you can delay longer, or as long as you need to, just make sure you reach out to them once a year in writing, so that the case does not go into termination cycle. 

 

Thanks @kittycat  By "in writing", does it mean I can send them an email, or does it need to be a printed & signed letter sent via snail mail?

 

 

1 hour ago, Boiler said:

SO you business will continue and the income you derive from it when you move?

 

@Boiler Yes. My business is based in the U.S. and it will continue after we move.

[kittycat 28]

2 hours ago, Bill Hamze said:

 

Thanks @kittycat  By "in writing", does it mean I can send them an email, or does it need to be a printed & signed letter sent via snail mail?

 

 

I guess you could e-mail, I can only share from our experience. We would send a letter via DHL at least 2 months before 12 month deadline, and that was it.  

[craig5977 58]

I called them before and they said I have a new year after i called them, and each time you send in more documents you get another year from what they told me when i called them.

Good Luck

[Bill Hamze 89]

19 hours ago, craig5977 said:

I called them before and they said I have a new year after i called them, and each time you send in more documents you get another year from what they told me when i called them.

Good Luck

That's good to hear. Seems that every time you call, write, or send docs, the NVC resets the clock to 1 year. 

[Bill Hamze 89]

Update:

 

So I got my NVC case number on Halloween day, a lot sooner than I expected, and I still want to slow things down somewhat. 

 

In the welcome email, it said (underlined emphasis is mine):

 

"IMPORTANT: If you do not log into CEAC or communicate with NVC regarding this immigrant visa case for a period of one year, by law the Department of State must terminate your visa application."

 

So it seems that all I have to do is log into CEAC once in a while to reset the clock? 

 

Seems really easy, but a bit risky. Probably the safer thing to do is call or email the NVC and keep a paper trail of those communications, would you agree?

 

I'm thinking my strategy would be to:

 

- Wait 8-10 months to call/email NVC and confirm that I get another year to pay and submit my docs

- Wait another 8-10 months to pay the fees

- After paying the fees, start a slow drip of documents, uploading one at a time, over another 4-6 months, then submit everything for DQ

 

That makes 20-24 months total, and by the time we get the visa, it'll be end of 2022 or early 2023 when we're cleared to go to the U.S. 

 

Is this a good plan? Or am I risking my case by not submitting the AOS and IV applications before Halloween 2021?

 

 

[Gdoggy1678 1]

1 hour ago, Bill Hamze said:

Update:

 

So I got my NVC case number on Halloween day, a lot sooner than I expected, and I still want to slow things down somewhat. 

 

In the welcome email, it said (underlined emphasis is mine😞

 

"IMPORTANT: If you do not log into CEAC or communicate with NVC regarding this immigrant visa case for a period of one year, by law the Department of State must terminate your visa application."

 

So it seems that all I have to do is log into CEAC once in a while to reset the clock? 

 

Seems really easy, but a bit risky. Probably the safer thing to do is call or email the NVC and keep a paper trail of those communications, would you agree?

 

I'm thinking my strategy would be to:

 

- Wait 8-10 months to call/email NVC and confirm that I get another year to pay and submit my docs

- Wait another 8-10 months to pay the fees

- After paying the fees, start a slow drip of documents, uploading one at a time, over another 4-6 months, then submit everything for DQ

 

That makes 20-24 months total, and by the time we get the visa, it'll be end of 2022 or early 2023 when we're cleared to go to the U.S. 

 

Is this a good plan? Or am I risking my case by not submitting the AOS and IV applications before Halloween 2021?

 

 

Hey Bill, I have the same situation as you. Things were approved a little to quickly then I had origianlly anticpated and also received my NVC information on Octover 31st. What I would do in your case is wait until the 10th month and then pay the AOS fee which will reset your clock as you have hard evidence of progress. Then if your still not ready in another 10 months then pay they next fee which is the IV fee. If you need to do it again after another 10 months upload your AOS docuemts. Of course you can always log in but doing any of these things will at least show progress and activity.