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How do I file an extension for my wifes application?

Dallas, TX |

I'm a U.S. Citizen and applied for form I-130 for my wife. It was approved. We then had to apply for form I-824 because there had been a mistake on her application. We later received a letter saying form I-824 had been also approved. In the letter it read we'd be receiving a packet from NVC and would need to fill out the packet and pay the fees to NVC. We decided to stop the process because we did not want to be seperated. My wife would have to leave the country for her appointment with the consulate and were told it could be 1 month to a year to see if she would be approved. 1 yr later, we received an email from NVC informing us there was a new wavier I-601. Could we still apply for this since it has been a year since we stopped the process? Is there an extension we could do if we waited

Attorney Answers 5

Posted

I agree with my colleagues. In addition, make sure that they have the correct address for you as the NVC will in most cases mail you or your attorney a notice if your application process is in danger of being terminated. This should protect you from the termination. Also, if you email them, make sure you get at the very least an automated response to confirm that you did contact them.

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Asker

Posted

Thank you for your helpful advise. I will try emailing the NVC today and inform them Im still interested. But what if I wanted to wait another year? Would they expect me to continue right away or could I wait 1 more year?

Francisco Javier Alvillar

Francisco Javier Alvillar

Posted

This is the exact language they use: "Section 203(g) of the Immigration and Nationality Act requires that your registration and any petition approved on your behalf be cancelled if you do not apply for an immigrant visa within one year of being advised to do so." Based on your reasons to wait, an attorney would evaluate what needs to occur in your case so that you don't lose out on the ability to apply later on.

Asker

Posted

Thank you again for taking the time to answer my question. I truly appreciate it. I will try contacting my lawyer today. Again, thank you.

Posted

Need additional information - how did your wife enter the US, does she have any criminal record, was she ever removed from the US before, are removal proceedings pending. Assuming your spouse entered the US without inspection and has no criminal record or any other grounds of inadmissibility, as an immediate relative she may be eligible to apply for provisional unlawful presence waiver within the US. There are many requirements that must be satisfied for the waiver, including that the immigrant visa case must be pending with the Department of State. I would highly recommend hiring an immigration lawyer to guide you with the waiver process for your wife. Good luck.

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Posted

You can simply email the national visa center that you are still interested, and it will be extended.

The above is intended only as general information, and does not constitute legal advice. You must speak with an attorney to discuss your individual case.

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Posted

Thank you. If I emailed NVC would they expect me to continue the process once Ive contacted them or would I be given one more year to continue with the process?

Stephen D. Berman

Stephen D. Berman

Posted

You will get another year. This e-mail and any attachments thereto, is intended only for use by the named addressee(s) and may contain legally privileged and/or confidential information. If you are not the intended recipient of this e-mail, you are hereby notified any dissemination, distribution or copying of this e-mail and any attachments thereto, is strictly prohibited. If you received this e-mail in error please immediately notify the sender, at Immigration Attorneys, LLP by sending a reply e-mail or by phoning the sender at 312.661.9100 and permanently delete the original copy and any copy of any e-mail, and any printout thereof. Thank you.

Posted

I agree with my colleagues that you should seek a consultation to see if your wife is eligible for the I-601a provisional waiver. Even though NVC sent you a letter does not mean that your wife is eligible, only that it is available for those seeking visas.

Answers here do not create an attorney-client relationship. It is only for educational purposes. Contact Law Office of John Ting at 469-645-8464 or by email, John@JohnTingLaw.com. We're located at 4026 S. Buckner Blvd., Dallas, TX. Visit our website at www.JohnTingLaw.com.

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Posted

You have missed out relevant information regarding how and when she entered the U.S. If she entered legally, you may be able to apply to adjust her status in the U.S.

This response is general in nature and cannot be construed as legal advice, given that not enough facts are known. Any comments offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship. If you would like additional information based on this response, please contact my office at 510 657 7665 or 415 902 0832 to schedule a consultation.

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