I - 130 approved on 12 , 2007 . I'm still married to the Us Citizen . NVC closed my file because it went more than a year without a contact . I now want to do the WAIVER . What are the steps ?
An approved Immigration petition goes through the termination process and is destroyed after 1 year of inactivity. Under INA 203(g) - "An alien's registration for an immigrant visa shall be terminated if, within one year after notification of the availability of an immigrant visa, the applicant fails to apply for an immigrant visa."
Since your U.S. Citizen Spouse was petitioning for your immigrant status, an immigrant visa was immediately available. As a result, your "one year" clock started once you received approval of your application and were referred to the NVC to further the processing of your file.
Based on the information you provided above, as of 12/02/2008, the USCIS and the NVC terminated your application.
As the previous attorneys stated, you will need to start your petition from the beginning and re-submit an I-130 application.
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