Delaying / Postponing Your Case At NVC

[Ontarkie 15,010]

7 hours ago, seekingthetruth said:

@Ontarkie @Family

 

I finally had some time and wrote up a clear (hopefully) summary, perhaps for a pinned post.  If you want to ask the admins and they agree to pin it, I will make a new topic with it.  Just my way of giving a bit back to VJ, with the help of Family!

 

Proposal for pinned post

 

Topic:  Need to delay your case at NVC?  Here is the BEST way!

 

After my wife and stepdaughter were approved by USCIS, we received the welcome letters from NVC. We later realized that we are going to have to postpone getting the visas and moving to the U.S.  The delay might be one year, two years, or longer.  We don’t want to lose the fees we paid and start all over, so we are delaying.

 

I asked here on VJ about how to delay and got good advice from several members.  I also asked NVC via the AskNVC web portal.  The advice can be slightly confusing, so I am sharing what I have learned.

 

Please note:  This only applies to cases that are at NVC.  After your case goes to the embassy, this no longer applies.

 

Facts:

1. NVC will keep your case open indefinitely if you contact them once a year.
2. NVC has been known to mistakenly close cases even though there was contact within the required window.  It is up to you to prove that you contacted them by providing contact evidence.
3. Regardless of delaying, your DS 260 must be submitted to NVC within one year of your NVC welcome letter.
   1. There are three options to contact NVC and keep your delayed case open.By phone.  Downsides:  Long waits, might be expensive, and you have no paper trail of your contact.
   2. Log into your CEAC account.  Downsides:  This does not work for cases that were submitted by mail, and you have no paper trail of your contact.
   3. Use the AskNVC web portal.  Only a simple message is required, such as “I need more time for our case.  This is my record of annual NVC contact.”  Upside:  You will receive an immediate automated e-mail record of your contact with NVC including all the communication detail.  In the e-mail, it states: “Please retain this email as a record of your contact with NVC”.

AskNVC is the BEST option.  Just logging into your CEAC account does not provide the safety of having a paper trail of your contact.  Logging in does not work for non-electronic cases filed by mail.  Keep your NVC automated responses and perhaps keep a tickler file to remind you when to send another annual contact at AskNVC.

 

AskNVC:

https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/ask-nvc.html

 

I hope this information will help others who need to safely delay their cases at NVC.

 

No need to start a new thread with this information. I added it to your first post for the ease of others to find it. 

[sharpie11 6]

On 5/4/2022 at 5:47 AM, seekingthetruth said:

@Ontarkie @Family

 

I finally had some time and wrote up a clear (hopefully) summary, perhaps for a pinned post.  If you want to ask the admins and they agree to pin it, I will make a new topic with it.  Just my way of giving a bit back to VJ, with the help of Family!

 

Proposal for pinned post

 

Topic:  Need to delay your case at NVC?  Here is the BEST way!

 

After my wife and stepdaughter were approved by USCIS, we received the welcome letters from NVC. We later realized that we are going to have to postpone getting the visas and moving to the U.S.  The delay might be one year, two years, or longer.  We don’t want to lose the fees we paid and start all over, so we are delaying.

 

I asked here on VJ about how to delay and got good advice from several members.  I also asked NVC via the AskNVC web portal.  The advice can be slightly confusing, so I am sharing what I have learned.

 

Please note:  This only applies to cases that are at NVC.  After your case goes to the embassy, this no longer applies.

 

Facts:

1. NVC will keep your case open indefinitely if you contact them once a year.
2. NVC has been known to mistakenly close cases even though there was contact within the required window.  It is up to you to prove that you contacted them by providing contact evidence.
3. Regardless of delaying, your DS 260 must be submitted to NVC within one year of your NVC welcome letter.
   1. There are three options to contact NVC and keep your delayed case open.By phone.  Downsides:  Long waits, might be expensive, and you have no paper trail of your contact.
   2. Log into your CEAC account.  Downsides:  This does not work for cases that were submitted by mail, and you have no paper trail of your contact.
   3. Use the AskNVC web portal.  Only a simple message is required, such as “I need more time for our case.  This is my record of annual NVC contact.”  Upside:  You will receive an immediate automated e-mail record of your contact with NVC including all the communication detail.  In the e-mail, it states: “Please retain this email as a record of your contact with NVC”.

AskNVC is the BEST option.  Just logging into your CEAC account does not provide the safety of having a paper trail of your contact.  Logging in does not work for non-electronic cases filed by mail.  Keep your NVC automated responses and perhaps keep a tickler file to remind you when to send another annual contact at AskNVC.

 

AskNVC:

https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/ask-nvc.html

 

I hope this information will help others who need to safely delay their cases at NVC.

 

Hi , Just confirming. Are you actually sure that we need to submit the DS-260 within one year regardless of whether we contact the NVC or not ? I did not see any other information to that effect anywhere else online...

[seekingthetruth 1,255]

18 hours ago, sharpie11 said:

Hi , Just confirming. Are you actually sure that we need to submit the DS-260 within one year regardless of whether we contact the NVC or not ? I did not see any other information to that effect anywhere else online...

A few members had mentioned it, and then this seems to confirm it:

 

https://fam.state.gov/fam/09FAM/09FAM050413.html

 

9 FAM 504.13-2  INACTIVE CASES

9 FAM 504.13-2(A)  Termination of Inactive Cases

(CT:VISA-1413;   11-03-2021)

INA 203(g) provides for termination of registration of the visa petition of any individual who fails to apply for an IV within one year following notification to the applicant of the availability of a visa.  But INA 203(g) also permits reinstatement of the registration where the individual establishes within 2 years following the date of notification of the availability of such visa that such failure was due to circumstances beyond their control.

9 FAM 504.13-2(A)(1)  When a Case is “Inactive”

(CT:VISA-1413;   11-03-2021)

An applicant becomes liable to possible termination of registration under INA 203(g) if the applicant:

(1)  Has not made an application for a visa within one year of notice of visa availability.  The beneficiary has one year to make an application for a visa, beginning on the date the notice of visa availability is issued.

(2)  Does not respond to the appointment notice included with the Immigrant Visa Appointment Package, meaning that the applicant fails to appear for a visa application interview on the scheduled appointment date and fails to take further action on the case within one year of the scheduled interview;

(3)  Is refused at the interview under INA 221(g), and fails to present evidence purporting to overcome the basis for a refusal under INA 221(g) within one-year following the refusal; or

(4)  Fails to comply with the Follow-up Instruction Package for Immigrant Visa Applicants or logs into their CEAC account within one year.

[sharpie11 6]

47 minutes ago, seekingthetruth said:

A few members had mentioned it, and then this seems to confirm it:

 

https://fam.state.gov/fam/09FAM/09FAM050413.html

 

9 FAM 504.13-2  INACTIVE CASES

9 FAM 504.13-2(A)  Termination of Inactive Cases

(CT:VISA-1413;   11-03-2021)

INA 203(g) provides for termination of registration of the visa petition of any individual who fails to apply for an IV within one year following notification to the applicant of the availability of a visa.  But INA 203(g) also permits reinstatement of the registration where the individual establishes within 2 years following the date of notification of the availability of such visa that such failure was due to circumstances beyond their control.

9 FAM 504.13-2(A)(1)  When a Case is “Inactive”

(CT:VISA-1413;   11-03-2021)

An applicant becomes liable to possible termination of registration under INA 203(g) if the applicant:

(1)  Has not made an application for a visa within one year of notice of visa availability.  The beneficiary has one year to make an application for a visa, beginning on the date the notice of visa availability is issued.

(2)  Does not respond to the appointment notice included with the Immigrant Visa Appointment Package, meaning that the applicant fails to appear for a visa application interview on the scheduled appointment date and fails to take further action on the case within one year of the scheduled interview;

(3)  Is refused at the interview under INA 221(g), and fails to present evidence purporting to overcome the basis for a refusal under INA 221(g) within one-year following the refusal; or

(4)  Fails to comply with the Follow-up Instruction Package for Immigrant Visa Applicants or logs into their CEAC account within one year.

Hmm ... ok, I guess it does, but I'm wondering will they terminate it the next day after the year is up? I have been uploading documents, paying fees, even staying in contact but I may overshoot the 1 yr deadline by a couple of weeks because my wife's passport is stuck in the reissue process for address change so my choice is to apply with a canceled passport or wait until we get her new passport...

[seekingthetruth 1,255]

43 minutes ago, sharpie11 said:

apply with a canceled passport

Do you mean cancelled as in when they punch holes in it?  What is the expiration date?

[sharpie11 6]

Just now, seekingthetruth said:

Do you mean cancelled as in when they punch holes in it?  What is the expiration date?

Cancelled as in they stamped "cancelled" on a back page of the passport and punched holes in the cover. Biographic page is unaffected.  Expiration date is sometime in 2027...

[seekingthetruth 1,255]

1 minute ago, sharpie11 said:

Cancelled as in they stamped "cancelled" on a back page of the passport and punched holes in the cover. Biographic page is unaffected.  Expiration date is sometime in 2027...

Perhaps someone else can comment. 

 

Personally I would probably use it.  It is not valid for travel but it might be considered id.  When others have had to change passports in the middle of the process, VJ members have said it is no big deal.  U.S. immigration knows this happens.  Just bring the new one to the interview and they will update the system.

[sharpie11 6]

3 minutes ago, seekingthetruth said:

Perhaps someone else can comment. 

 

Personally I would probably use it.  It is not valid for travel but it might be considered id.  When others have had to change passports in the middle of the process, VJ members have said it is no big deal.  U.S. immigration knows this happens.  Just bring the new one to the interview and they will update the system.

Oh okay.. just one other thing... is the one year deadline from the date the welcome letter is received from NVC or from when USCIS approved the I-130? If its the latter we may have the new passports in hand before we cross the deadline...

 

Plus this is an IR case if that makes any difference...

[seekingthetruth 1,255]

1 minute ago, sharpie11 said:

Oh okay.. just one other thing... is the one year deadline from the date the welcome letter is received from NVC or from when USCIS approved the I-130? If its the latter we may have the new passports in hand before we cross the deadline...

 

Plus this is an IR case if that makes any difference...

Welcome letter, which arrives after the I-130 approval.  If you look at my footer, it has:

 

Feb. 19th, 2021: I-130 Approved 😊

Feb. 25th, 2021: Welcome letter from NVC

 

 

[sharpie11 6]

9 minutes ago, seekingthetruth said:

Welcome letter, which arrives after the I-130 approval.  If you look at my footer, it has:

 

Feb. 19th, 2021: I-130 Approved 😊

Feb. 25th, 2021: Welcome letter from NVC

 

 

Got it... then I still have another 15 days or so. Maybe I get the new passports this week... let's see.

[sharpie11 6]

18 minutes ago, seekingthetruth said:

Welcome letter, which arrives after the I-130 approval.  If you look at my footer, it has:

 

Feb. 19th, 2021: I-130 Approved 😊

Feb. 25th, 2021: Welcome letter from NVC

 

 

Thanks for the help !

[Family 4,291]

If I may chime in..

For IR ( spouse , child or parent of USC), it is sufficient to do

an ASK NVC inquiry saying “ I need additional time  due to unforeseen circumstances “. Do it every 11 months from the most recent contact 

 

This will generate an automatic confirmation email and serve as proof of yearly contact…

 

For any preference categories ( ex F-2 A , F-2 B or ..) completing the DS-260 needs to be done to secure priority date .

 

I realize they prefer log in only ..but since the system has historically been plagued with issues , the ASK NVC is an easy solution to create an instant record of contact

 

 

 

 

[seekingthetruth 1,255]

40 minutes ago, Family said:

If I may chime in..

For IR ( spouse , child or parent of USC), it is sufficient to do

an ASK NVC inquiry saying “ I need additional time  due to unforeseen circumstances “. Do it every 11 months from the most recent contact 

 

This will generate an automatic confirmation email and serve as proof of yearly contact…

 

For any preference categories ( ex F-2 A , F-2 B or ..) completing the DS-260 needs to be done to secure priority date .

 

I realize they prefer log in only ..but since the system has historically been plagued with issues , the ASK NVC is an easy solution to create an instant record of contact

 

 

Yes, I think I took your advice and asked NVC via that channel, and that is when they replied "login only".  However, you can never be too safe, so I think next time I login I will send them a question.

[Family 4,291]

10 hours ago, seekingthetruth said:

 

Yes, I think I took your advice and asked NVC via that channel, and that is when they replied "login only".  However, you can never be too safe, so I think next time I login I will send them a question.

If I recall correctly you asked them How To , therefore their response.
Would you be kind enough to post a photo of the automatic ASK NVC reply here?

[seekingthetruth 1,255]

5 hours ago, Family said:

If I recall correctly you asked them How To , therefore their response.
Would you be kind enough to post a photo of the automatic ASK NVC reply here?

I think we are just rehashing the same things we discussed in this thread in 2022.  I just went back and reread the first page.