How long can you delay case?

[h02ejmajja 48]

I have been searching the NVC website to find the answer but can't find one - can anyone link me to a source that specifically shows how long you can electively choose to delay your case?

 

A friend whose husband is from the same country as mine received their NVC case number after USCIS approval on October 15, 2020. They have not uploaded any documents yet, just paid the fee at the end of September and the DS260 and upload portal are now open.

The beneficiary wants to delay for awhile to allow him more time to work. He seems to think that, since they have paid the fees, they have one more year to upload and complete the NVC because the payment of fees "resets the clock" or so to speak.

 

It was always my understanding that you needed to submit documents within 1 year of receiving case number.

My friend has already explained to the beneficiary that the NVC time is taking 2.5 months currently and then you will have to wait for an interview, and then the visa would have 6 months validity, so even if they submit paperwork now, it will still be awhile before an interview may be available.

They also had the discussion that with their now IR-1 visa to activate the visa, then travel back home for a few more months to finish up work requirements, if necessary.

 

Is there a specific timeline you MUST complete upload your documents by or the NVC will think you have abandoned your case and close it?

Thanks.

[Letspaintcookies 2,207]

The beneficiary is right. They could upload one document every year to keep it running 'forever'.

[SteveInBostonI130 3,319]

43 minutes ago, apghpia said:

 

43 minutes ago, apghpia said:

Is there a specific timeline you MUST complete upload your documents by or the NVC will think you have abandoned your case and close it?

Thanks.

 

No.  At least once a year there has to be activity to keep it active.  Typically this is done by sending a yearly letter to keep the case open.

 

[carmel34 3,531]

5 hours ago, apghpia said:

My friend has already explained to the beneficiary that the NVC time is taking 2.5 months currently and then you will have to wait for an interview, and then the visa would have 6 months validity, so even if they submit paperwork now, it will still be awhile before an interview may be available.

The timing of the process from NVC to visa in hand is country dependent and case specific.  Even for cases with no delays such as RFEs, issues/problems with financial sponsorship, medical, documents requested at the visa interview but not provided, and administrative processing, it can take a very long time just to get an interview date because of the COVID backlog.  Delays for any of the reasons I listed, or others, would add even more months to the process.  Visa validity, once approved and received by the beneficiary, is typically for six months from the date of the medical.  Even in a best case scenario in a country with no interview backlog, if they upload all the documents today, your friend's beneficiary is looking at an interview in about 4 months, plus around 5 for the validity of the visa (depending on the date of the medical), so at least 9 months to travel to the US.  Most consulates/embassies are backlogged or not even fully operational right now because of the pandemic, adding much more time to the estimated visa approval.  Which country would your friend's beneficiary be interviewing in?  For some countries it may be a year from now or even much longer, without any intentional delays at the NVC stage, before the visa is approved and expired.  Good luck!