Delaying / Postponing Your Case At NVC

[seekingthetruth 1,218]

4 hours ago, Family said:

13. Can NVC confirm that the best procedure to reopen a matter if it was closed despite contact having been made in at least one or more of the above manners is to submit digital proof, corroborating contact, using the online Ask NVC Public Inquiry Form?
If you believe a termination notice was issued in error, we confirm that contacting NVC through our online Public Inquiry Form is the best mechanism for dealing with these issues. Submit digital proof corroborating contact; you can attach documents at the

@Family Can you give me the link to that paragraph?  I Googled a bit and could not find it.

[Family 3,469]

https://travel.state.gov/content/dam/visas/AILA/AILA-NVC-meeting-02-17-2021.pdf
 

@seekingthetruthhere you go

[seekingthetruth 1,218]

22 minutes ago, Family said:

https://travel.state.gov/content/dam/visas/AILA/AILA-NVC-meeting-02-17-2021.pdf
 

@seekingthetruthhere you go

Oh, actually I did find that but did not scroll down because I thought it was probably not the right document.

[TBoneTX 43,038]

An unrelated post has been split into its own thread in the Africa/Sub-Saharan regional forum.

[Family One 47]

I need some clarification on the potential hazards of postponing the case.  I had my interview in March followed by a 221g.  It has taken them so long that now they need a new income tax return since the previous one is too old.  With all the delays and a medical which will expire on Aug 23, the remaining window will be too small to sell the farm, quit three jobs, etc.  So we would now prefer if we could postpone immigrating until February 2023.

 

Can I wait to submit the new income tax return until the medical has expired?  Then they will require a new medical (I am OK with that) which will give me another 6 months before the visa expiry date.  Is my reasoning correct, or are there unforeseen complications to using this method to postpone the case?

[seekingthetruth 1,218]

4 hours ago, Family One said:

I need some clarification on the potential hazards of postponing the case.  I had my interview in March followed by a 221g.  It has taken them so long that now they need a new income tax return since the previous one is too old.  With all the delays and a medical which will expire on Aug 23, the remaining window will be too small to sell the farm, quit three jobs, etc.  So we would now prefer if we could postpone immigrating until February 2023.

 

Can I wait to submit the new income tax return until the medical has expired?  Then they will require a new medical (I am OK with that) which will give me another 6 months before the visa expiry date.  Is my reasoning correct, or are there unforeseen complications to using this method to postpone the case?

Your case is past NVC so I would advise to start a new topic.  However, you might find some relevant information in the link Family gave above.

https://travel.state.gov/content/dam/visas/AILA/AILA-NVC-meeting-02-17-2021.pdf

[seekingthetruth 1,218]

@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.

 

[Ontarkie 13,911]

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 1,218]

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 1,218]

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 1,218]

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...