Can I delay the Immigration process?? - Current stage: Documents submitted to NVC

[Jay and Dan 0]

Hey everybody! 

 

My wife (Colombian) and I (US citizen) live abroad in Brazil.

I have a work contract that ends in July 2025 (That I would like to complete)

This is why I'm wondering if an Immigration process (IR-1 / CR-1 Spouse Visa) can be intentionally delayed without issues, like having the case canceled and sent back to USCIS.

 

Right now (March 2024), we are at the stage of submitting documents to the NVC.

The NVC contacted us in August 2023 to let us know our assigned case #. 

All documents submitted up to this point have been "Accepted," and we have an FE Review Note asking for extra documents that are pending to be submitted. 

Even though we haven't been DQ'ed yet, we seem to be pretty close to the end of the NVC process and moving to the interview stage. 

 

Because my work contract ends in July 2025, we would like to have the interview between February - April 2025.

 

1. Is it possible to delay the NVC approval until next year? 

2. What would happen if we don't submit this pending document, requested in March 2024 in the FE Review Note, until January 2025?

 

3. If it is possible to delay the NVC approval, is there any reason you might recommend against that?

Could it potentially harm our chances of getting the visa approved?

 

I have heard about the section 203(g): "Termination of Registration: Secretary of State shall terminate the registration (petition) of any alien who fails to apply for an immigrant visa within one year of notice of visa availability".

Since the NVC contacted us for the first time in August 2023:

4. Does it mean we have until August 2024 to complete the case, get DQ'ed, and do the interview?

5. Or, because we have some documents accepted and we have been actively in contact with the NVC, does this "year conditionally" not count?

 

Thank you!

 

 

 

 

 

[Crazy Cat 39,262]

Cease all actions until you are ready to proceed with the case.  Yes, you can effectively postpone the case indefinitely by just contacting them at least once per year.  What document is pending?  Just an FE note will not always stop them from scheduling an interview if all documents have been submitted and fees paid.  If NVC does schedule the interview, I would just contact the consulate and explain that, due to a job complication, you wish to postpone until mid 2025.  

Edited March 12 by Crazy Cat

[Ryan H 3,790]

Moved from Progress Reports to Process & Procedures.