Next steps after an NVC termination letter?

[YoungRL 4]

Hi all, I hope everyone is doing well; it's been a long time since I was here.

 

My partner and I were in the midst of the immigration process for him to move from the UK to the US. We began the process in 2016, but circumstances changed and I ended up moving to the UK in 2018. Since that time, I have called the NVC once or twice a year to make contact on our case and keep it open, just in case.

 

Because 2020 was what it was, I didn't make contact on our case within a one-year period, and I recently received a termination letter. The letter reads in part:

 

Quote

Immigrant visa applicants must apply for an immigrant visa within one year after they are notified that a visa number is available for them. Section 203(g) of the Immigration and Nationality Act requires the U.S. Department of State to terminate the registration of any applicant who does not do so.

 

This letter serves as notice that a visa number is available for you.

 

If you do not pursue your immigrant visa application at NVC within one year of the date of this letter, the U.S. Department of State will begin the process of terminating your visa application.

 

If you want to pursue an immigrant visa, please submit your request through nvc.state.gov/inquiry. In order to restart your case, state your intent to continue processing it. Please note that all fees that apply will need to be paid again.

 

If you are no longer interested in an immigrant visa, please sign and check the appropriate box on the attached form. Then, submit the form to NVC by scanning and uploading it at nvc.state.gov/inquiry.

 

If you do not reply to this notice within one year of the date of this letter, your immigrant visa application will enter the termination process. If you have any questions, please contact NVC by following the instructions online at nvc.state.gov/ask.

 

My questions are: If I renew contact on the case, but I don't complete the process, I'll continue in the same holding pattern as before, right? And if I do decide to restart the case, it seems like I will need to repay some fees again, but from which point—all of them, or...?

 

I guess the most important question is, since we're deciding to live in the UK indefinitely, is it even worth keeping this case open? I think I asked about this before a year or two ago, and was advised that if we ever decide to apply in future, a new I-130 via DCF would be the way to go. I'm guessing that would still be the case? That seems to make sense to me given that I've been here for nearly 3 years now and we have no plans to leave for the forseeable future.

[payxibka 10,045]

1 hour ago, YoungRL said:

Hi all, I hope everyone is doing well; it's been a long time since I was here.

 

My partner and I were in the midst of the immigration process for him to move from the UK to the US. We began the process in 2016, but circumstances changed and I ended up moving to the UK in 2018. Since that time, I have called the NVC once or twice a year to make contact on our case and keep it open, just in case.

 

Because 2020 was what it was, I didn't make contact on our case within a one-year period, and I recently received a termination letter. The letter reads in part:

 

 

My questions are: If I renew contact on the case, but I don't complete the process, I'll continue in the same holding pattern as before, right? And if I do decide to restart the case, it seems like I will need to repay some fees again, but from which point—all of them, or...?

 

I guess the most important question is, since we're deciding to live in the UK indefinitely, is it even worth keeping this case open? I think I asked about this before a year or two ago, and was advised that if we ever decide to apply in future, a new I-130 via DCF would be the way to go. I'm guessing that would still be the case? That seems to make sense to me given that I've been here for nearly 3 years now and we have no plans to leave for the forseeable future.

If you keep the petition going with NVC, you don't need to do a DCF filing as you are already filed and approved.   You also avoid the petition fee (currently $535).

[Wuozopo 4,293]

1 hour ago, YoungRL said:

I think I asked about this before a year or two ago, and was advised that if we ever decide to apply in future, a new I-130 via DCF would be the way to go. I'm guessing that would still be the case? That seems to make sense to me given that I've been here for nearly 3 years now and we have no plans to leave for the forseeable future.

DCF by sending an I -130 petition to the USCIS office in London is no more. They closed that office and moved out last summer. 

[YoungRL 4]

1 hour ago, payxibka said:

If you keep the petition going with NVC, you don't need to do a DCF filing as you are already filed and approved.   You also avoid the petition fee (currently $535).

That'd be the fee if I began all over again, I'm guessing? (I can't remember what I paid when we started this in 2016 but I can only assume the fees have increased.) And the fact that I might possibly be filing years out from when I first began the petition (if we ever file) isn't an issue?

[payxibka 10,045]

1 minute ago, YoungRL said:

That'd be the fee if I began all over again, I'm guessing? (I can't remember what I paid when we started this in 2016 but I can only assume the fees have increased.) And the fact that I might possibly be filing years out from when I first began the petition (if we ever file) isn't an issue?

As long as you stay in touch with NVC you theoretically can keep it going into perpetuity 

[YoungRL 4]

38 minutes ago, Wuozopo said:

DCF by sending an I -130 petition to the USCIS office in London is no more. They closed that office and moved out last summer. 

Wow, I had no idea; thank you for letting me know.

 

Based on this it seems like they only allow you to file now if you fall under a military exemption and/or if you have "exceptional circumstances," and I'm wondering if there's any way at all to do it from here now if you're just a regular couple?

[YoungRL 4]

Just now, payxibka said:

As long as you stay in touch with NVC you theoretically can keep it going into perpetuity 

Thank you! The fact that I've received a termination letter wouldn't have a negative effect, would it? I just need to make contact again to restart things and it would be as it was?

[payxibka 10,045]

1 minute ago, YoungRL said:

Thank you! The fact that I've received a termination letter wouldn't have a negative effect, would it? I just need to make contact again to restart things and it would be as it was?

Reread the letter 

 

 

If you do not pursue your immigrant visa application at NVC within one year of the date of this letter, the U.S. Department of State will begin the process of terminating your visa application.

[payxibka 10,045]

4 minutes ago, YoungRL said:

Wow, I had no idea; thank you for letting me know.

 

Based on this it seems like they only allow you to file now if you fall under a military exemption and/or if you have "exceptional circumstances," and I'm wondering if there's any way at all to do it from here now if you're just a regular couple?

DCF is still a possibility but you must qualify for extenuating circumstances 

[Wuozopo 4,293]

13 minutes ago, YoungRL said:

Wow, I had no idea; thank you for letting me know.

 

Based on this it seems like they only allow you to file now if you fall under a military exemption and/or if you have "exceptional circumstances," and I'm wondering if there's any way at all to do it from here now if you're just a regular couple?

People are beginning to test the extraordinary circumstances now where the Dept of State (consulate/embassy) accepts the case and approves the I-130 instead of USCIS.  I haven’t really paid a lot of attention to it or know their extraordinary circumstances. Think one was spouse getting transferred to US by his job so the British spouse wanted to come and get greencard in the process.