Step 1: file a new I-130
Step 2: wait for it to be approved
Step 3: apply for the waiver, if you qualify.
You should retain an experienced immigration lawyer to review all the facts, advise you, and handle the case. You can find one through http://www.ailalawyer.com.
J Charles Ferrari
Eng & Nishimura
The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship.
Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.
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.
This is not legal advice & no attorney-client relationship is created or implied by this communication. To contact this attorney for a free consultation see her profile or contact (585) 247-9170.