Cl

Hello everybody, I have a question here if anybody know the answer:

My parents received their I-130 approval in late 2000. However before
started filing I-485, they needed to go back to home country for
family matters and remain ther since. The question: is I-130 approval
for them then still valid today? Can I-824 still be filed for them so
they could get the so called "consular processing" in the home
country? Thanks.
C.L.

Amanda

[email protected] (CL) wrote in message news:<[email protected] om>...
    > Hello everybody, I have a question here if anybody know the answer:
    >
    > My parents received their I-130 approval in late 2000. However before
    > started filing I-485, they needed to go back to home country for
    > family matters and remain ther since. The question: is I-130 approval
    > for them then still valid today?

I assumed that you/your parent (in US at the time) were contacted and
informed to file I-485. If you/they didn't file I-485 and wanted to do
CP, you should have informed NVC so that they could transfer your
parents' case to US Conuslar Office where they live.


    >Can I-824 still be filed for them so
    > they could get the so called "consular processing" in the home
    > country? Thanks.
    > C.L.

You can't just assume that your prents' case was transferred to US
consular office where they are right now. You have to tell NVC that
they are outside US and want to do CP. otherwise, NVC may assume that
you guys are doing I-485.

Inform NVC imemdiately about wanting to do CP or get your parents come
inside US with tourist visa (if they can get the visas) and do AoS.

I am saying all this based on an experience of a friend who filed
I-130 for her mother. After her mother left US, she contacted NVC and
informed her. Since then, she has been doing whatever she was asked
to do, filling forms after forms ...

Are you aware of Visa Bulletin Board where you can see which priority
dates are being processed?

BTW, do you know that they could have filed for I-485 *the same time*
you filed I-130 for them. Did you not do that intentionally?

Cl

Thanks for the reply Amanda. I checked with NVC, they didn't have the
case and we didn't receive info from them before. We didn't know you
can file I-130 and I-854 at the time but only later. I heard with
I-130 approval I can file I-824 to have the case processed at the
oversea consulate.

But the key question for us now: Is I-130 approval still valid for us
to continue when since its approval in late 2000 we didn't do anything
with it?

[email protected] (Amanda) wrote in message news:<[email protected]. com>...
    > [email protected] (CL) wrote in message news:<[email protected] om>...
    > > Hello everybody, I have a question here if anybody know the answer:
    > >
    > > My parents received their I-130 approval in late 2000. However before
    > > started filing I-485, they needed to go back to home country for
    > > family matters and remain ther since. The question: is I-130 approval
    > > for them then still valid today?
    >
    > I assumed that you/your parent (in US at the time) were contacted and
    > informed to file I-485. If you/they didn't file I-485 and wanted to do
    > CP, you should have informed NVC so that they could transfer your
    > parents' case to US Conuslar Office where they live.
    >
    >
    > >Can I-824 still be filed for them so
    > > they could get the so called "consular processing" in the home
    > > country? Thanks.
    > > C.L.
    >
    > You can't just assume that your prents' case was transferred to US
    > consular office where they are right now. You have to tell NVC that
    > they are outside US and want to do CP. otherwise, NVC may assume that
    > you guys are doing I-485.
    >
    > Inform NVC imemdiately about wanting to do CP or get your parents come
    > inside US with tourist visa (if they can get the visas) and do AoS.
    >
    > I am saying all this based on an experience of a friend who filed
    > I-130 for her mother. After her mother left US, she contacted NVC and
    > informed her. Since then, she has been doing whatever she was asked
    > to do, filling forms after forms ...
    >
    > Are you aware of Visa Bulletin Board where you can see which priority
    > dates are being processed?
    >
    > BTW, do you know that they could have filed for I-485 *the same time*
    > you filed I-130 for them. Did you not do that intentionally?

Amanda

[email protected] (CL) wrote in message news:<[email protected] om>...
    > Thanks for the reply Amanda. I checked with NVC, they didn't have the
    > case and we didn't receive info from them before. We didn't know you
    > can file I-130 and I-854 at the time but only later. I heard with
    > I-130 approval I can file I-824 to have the case processed at the
    > oversea consulate.
    >
    > But the key question for us now: Is I-130 approval still valid for us
    > to continue when since its approval in late 2000 we didn't do anything
    > with it?

May be you can contact local BCIS office (District office and ask).
There are immigration lawyer who will answer one question over the
phone for free. "Harry Gee" in Houston is one such lawyer.

I would imagine that your parent can ask the US consular office over
there.

I came to find out this yesterday: There was this girl adopted by her
cousin who filed I-130. When she (adult by then) was contacted by the
consular office when the immigrant visa became available, she couldn't
emigrate right away because her widowed mother - she's an only child -
was seriously ill.

So she waited for two years till her mother passed away, before coming
to US. I don't know whether she waited to do CP till her mother
passed away or she went ahead and did CP and got the visa and then
waited to come (or ready to get the visa stamp but waited to get it
stamped).

I don't know the length on immigrant visa for entry or whether it can
be renewed.

If your parent left due to extenuationg circumstances, may be that
could be explained. May be the other side would ask why didn't you
contct us at the time since not doing anything appeared as
abandonment.

If nothing works, you can always file I-130 again for them, I assume.


    >
    > [email protected] (Amanda) wrote in message news:<[email protected]. com>...
    > > [email protected] (CL) wrote in message news:<[email protected] om>...
    > > > Hello everybody, I have a question here if anybody know the answer:
    > > >
    > > > My parents received their I-130 approval in late 2000. However before
    > > > started filing I-485, they needed to go back to home country for
    > > > family matters and remain ther since. The question: is I-130 approval
    > > > for them then still valid today?
    > >
    > > I assumed that you/your parent (in US at the time) were contacted and
    > > informed to file I-485. If you/they didn't file I-485 and wanted to do
    > > CP, you should have informed NVC so that they could transfer your
    > > parents' case to US Conuslar Office where they live.
    > >
    > >
    > > >Can I-824 still be filed for them so
    > > > they could get the so called "consular processing" in the home
    > > > country? Thanks.
    > > > C.L.
    > >
    > > You can't just assume that your prents' case was transferred to US
    > > consular office where they are right now. You have to tell NVC that
    > > they are outside US and want to do CP. otherwise, NVC may assume that
    > > you guys are doing I-485.
    > >
    > > Inform NVC imemdiately about wanting to do CP or get your parents come
    > > inside US with tourist visa (if they can get the visas) and do AoS.
    > >
    > > I am saying all this based on an experience of a friend who filed
    > > I-130 for her mother. After her mother left US, she contacted NVC and
    > > informed her. Since then, she has been doing whatever she was asked
    > > to do, filling forms after forms ...
    > >
    > > Are you aware of Visa Bulletin Board where you can see which priority
    > > dates are being processed?
    > >
    > > BTW, do you know that they could have filed for I-485 *the same time*
    > > you filed I-130 for them. Did you not do that intentionally?

Sylvia Ottemoeller

"CL" <[email protected]> wrote in message
news:[email protected]...

    > Thanks for the reply Amanda. I checked with NVC, they didn't have the
    > case and we didn't receive info from them before. We didn't know you
    > can file I-130 and I-854 at the time but only later. I heard with
    > I-130 approval I can file I-824 to have the case processed at the
    > oversea consulate.
    > But the key question for us now: Is I-130 approval still valid for us
    > to continue when since its approval in late 2000 we didn't do anything
    > with it?

An approved I-130 remains valid as long as the relationship on which it is
based still exists.

    > [email protected] (Amanda) wrote in message
news:<[email protected]. com>...

    > > [email protected] (CL) wrote in message
news:<[email protected] om>...

    > > > Hello everybody, I have a question here if anybody know the answer:
    > > >
    > > > My parents received their I-130 approval in late 2000. However before
    > > > started filing I-485, they needed to go back to home country for
    > > > family matters and remain ther since. The question: is I-130 approval
    > > > for them then still valid today?
    > >
    > > I assumed that you/your parent (in US at the time) were contacted and
    > > informed to file I-485. If you/they didn't file I-485 and wanted to do
    > > CP, you should have informed NVC so that they could transfer your
    > > parents' case to US Conuslar Office where they live.

    > > >Can I-824 still be filed for them so
    > > > they could get the so called "consular processing" in the home
    > > > country? Thanks.

    > > You can't just assume that your prents' case was transferred to US
    > > consular office where they are right now. You have to tell NVC that
    > > they are outside US and want to do CP. otherwise, NVC may assume that
    > > you guys are doing I-485.
    > >
    > > Inform NVC imemdiately about wanting to do CP or get your parents come
    > > inside US with tourist visa (if they can get the visas) and do AoS.
    > >
    > > I am saying all this based on an experience of a friend who filed
    > > I-130 for her mother. After her mother left US, she contacted NVC and
    > > informed her. Since then, she has been doing whatever she was asked
    > > to do, filling forms after forms ...
    > >
    > > Are you aware of Visa Bulletin Board where you can see which priority
    > > dates are being processed?

The Visa Bulletin is not really relevant for immediate relatives, which are
not numerically limited. It includes the numerically limited preference
categories, which may have backlogs and thus a waiting time for the quota.

Amanda

[email protected] (CL) wrote in message news:<[email protected] om>...
    > Thanks for the reply Amanda. I checked with NVC, they didn't have the
    > case and

Your phrase "we didn't receive info from them (NVC) before" puzzled
me.

My understanding is that after the your I-130 petition had been
approved (by the office you turned I-130 application in), the NVC
received notification from that office that your petition for your
parent has been approved and they will create a case with case number
and priority dates and send the beneficiary a letter stating that case
info ... to the address they have.

Everytime, you communicate with them, you use that case number. Do
you have that case number info? If not, did you send a copy of I-130
approval notice with your inquiry to NVC?

In my case, they recently asked me whether I want to do Aos or CP and
if AoS, where. After I replied that I would do AoS, they told me to
contact local office (in my city) for all future inquiries. They ALSO
said my case has been transferred to local office, i.e not to send
anymore inquiry to them.

I went to an immgration lawyer because I was puzzled that NVC didn't
send me a visa number in their reply. The lawyer said that they don't
do that. Local office would have that info. he said that since my
priority dates is not processed yet (according to Visa Bullettin), I
just have to wait to turn GC application in. So I am waiting. BTW, NVC
said to me that if they don't hear a reply from me (whether I would do
AoS or CP) in 30 days, they would transfer my case to US consular
office at my home country. I guess they would assume that I am not
inside the country and had left. That's a bummer though since my
priority date has not even reached. May eb because I was keeping in
touch with them and they expect clear info from me.

In your parent's case, I am pretty sure that the time to adjust
status has already reached not too long ago. If you have case number
and priority date, you may be able to check on Visa Bulletin at
http://travel.state.gov/visa_bulletin.html

I assume your parent would be First category (can someone confirm me
on that?).

I'd say, contact local office *as well as* consular office (or even
the office that approved the petition telling them that you never
received any communication from NVC) and see what they say.

I am sure that the consular office there can give some answer. I
think there is a agood chnace that your parent can still do CP
(I-824). Right now, my sister is doing for my Mom who has left US and
went back home. My sister informed them of her address change and she
has been communicating with them (I don't know what other office) but
she follows whatever they are telling her to do. Whether my mother
would go take the visa and come here is another story though.

Good luck.





    > We didn't know you
    > can file I-130 and I-854 at the time but only later. I heard with
    > I-130 approval I can file I-824 to have the case processed at the
    > oversea consulate.
    >
    > But the key question for us now: Is I-130 approval still valid for us
    > to continue when since its approval in late 2000 we didn't do anything
    > with it?
    >
    > [email protected] (Amanda) wrote in message news:<[email protected]. com>...
    > > [email protected] (CL) wrote in message news:<[email protected] om>...
    > > > Hello everybody, I have a question here if anybody know the answer:
    > > >
    > > > My parents received their I-130 approval in late 2000. However before
    > > > started filing I-485, they needed to go back to home country for
    > > > family matters and remain ther since. The question: is I-130 approval
    > > > for them then still valid today?
    > >
    > > I assumed that you/your parent (in US at the time) were contacted and
    > > informed to file I-485. If you/they didn't file I-485 and wanted to do
    > > CP, you should have informed NVC so that they could transfer your
    > > parents' case to US Conuslar Office where they live.
    > >
    > >
    > > >Can I-824 still be filed for them so
    > > > they could get the so called "consular processing" in the home
    > > > country? Thanks.
    > > > C.L.
    > >
    > > You can't just assume that your prents' case was transferred to US
    > > consular office where they are right now. You have to tell NVC that
    > > they are outside US and want to do CP. otherwise, NVC may assume that
    > > you guys are doing I-485.
    > >
    > > Inform NVC imemdiately about wanting to do CP or get your parents come
    > > inside US with tourist visa (if they can get the visas) and do AoS.
    > >
    > > I am saying all this based on an experience of a friend who filed
    > > I-130 for her mother. After her mother left US, she contacted NVC and
    > > informed her. Since then, she has been doing whatever she was asked
    > > to do, filling forms after forms ...
    > >
    > > Are you aware of Visa Bulletin Board where you can see which priority
    > > dates are being processed?
    > >
    > > BTW, do you know that they could have filed for I-485 *the same time*
    > > you filed I-130 for them. Did you not do that intentionally?

Amanda

"Sylvia Ottemoeller" <[email protected]> wrote in message news:<[email protected]>...
    > "CL" <[email protected]> wrote in message
    > news:[email protected]...
    >
    > > Thanks for the reply Amanda. I checked with NVC, they didn't have the
    > > case and we didn't receive info from them before. We didn't know you
    > > can file I-130 and I-854 at the time but only later. I heard with
    > > I-130 approval I can file I-824 to have the case processed at the
    > > oversea consulate.
    > >
    > > But the key question for us now: Is I-130 approval still valid for us
    > > to continue when since its approval in late 2000 we didn't do anything
    > > with it?
    >
    > An approved I-130 remains valid as long as the relationship on which it is
    > based still exists.

Would that be the case for all preference categories?

BTW, provided that the relationship on which the petition is based
would not change (such as parent-child and biological siblings), how
long can a person wait before utilizing approved petition to apply for
GC via cp? What about GC via AoS?

<snip>

    > The Visa Bulletin is not really relevant for immediate relatives, which are
    > not numerically limited.

That explains why I couldn't see a category for parent petitioned by
child.

    >It includes the numerically limited preference
    > categories, which may have backlogs and thus a waiting time for the quota.

Sylvia Ottemoeller

"Amanda" <[email protected]> wrote in message
news:[email protected]...

    > "Sylvia Ottemoeller" <[email protected]> wrote in message
news:<[email protected]>...

    > > "CL" <[email protected]> wrote in message
    > > news:[email protected]...
    > >
    > > > Thanks for the reply Amanda. I checked with NVC, they didn't have the
    > > > case and we didn't receive info from them before. We didn't know you
    > > > can file I-130 and I-854 at the time but only later. I heard with
    > > > I-130 approval I can file I-824 to have the case processed at the
    > > > oversea consulate.
    > > >
    > > > But the key question for us now: Is I-130 approval still valid for us
    > > > to continue when since its approval in late 2000 we didn't do anything
    > > > with it?
    > >
    > > An approved I-130 remains valid as long as the relationship on which it
is
    > > based still exists.
    > Would that be the case for all preference categories?

Yes.

    > BTW, provided that the relationship on which the petition is based
    > would not change (such as parent-child and biological siblings), how
    > long can a person wait before utilizing approved petition to apply for
    > GC via cp?

The I-130 remains valid, but NVC will cancel the case if there is no
response to the application package after about a year. I believe NVC will
actually mail the approved petition to the last known address.

What about GC via AoS?

Theoretically, there is no limit. A person can file an I-485 with an
approved I-130 that is years and years old.

Amanda

"Sylvia Ottemoeller" <[email protected]> wrote in message news:<[email protected]>...

<snip>
    >
    > The I-130 remains valid, but NVC will cancel the case if there is no
    > response to the application package after about a year. I believe NVC will
    > actually mail the approved petition to the last known address.
    >
    > What about GC via AoS?
    >
    > Theoretically, there is no limit. A person can file an I-485 with an
    > approved I-130 that is years and years old.

Thanks.

Cl

[email protected] (Amanda) wrote in message news:<[email protected] om>...
    > Your phrase "we didn't receive info from them (NVC) before" puzzled
    > me.

I didn't know I should have received any info NVC after I-130 approval
and didn't get anything from them. Is it because we didn't file
I-485?

Anyway, I talked with a person at the local CIS yesterday. She told
me that I-130 will not expire. Though I-485 could be abandoned, you
can file again with the same I-130 approval. In my case, I should
file I-824 and the NVC should send me info on how to proceed.

Thanks everybody for replying and sharing.

Amanda

[email protected] (CL) wrote in message news:<[email protected]. com>...
    > [email protected] (Amanda) wrote in message news:<[email protected] om>...
    > > Your phrase "we didn't receive info from them (NVC) before" puzzled
    > > me.
    >
    > I didn't know I should have received any info NVC after I-130 approval
    > and didn't get anything from them. Is it because we didn't file
    > I-485?
    >
    > Anyway, I talked with a person at the local CIS yesterday. She told
    > me that I-130 will not expire. Though I-485 could be abandoned, you
    > can file again with the same I-130 approval. In my case, I should
    > file I-824 and the NVC should send me info on how to proceed.
    >
    > Thanks everybody for replying and sharing.

I learned a lot form your question too. I assume that if "Though I-485
could be abandoned, you can file again with the same I-130 approval"
is true, the same applies for CP (Consular processing).

Am I right Sylvia, Joe, crg14624, Hnchoksi, etc."?