Winston_the_Great_Dane

Hello,

Long time reader, first time poster. I have a conundrum which I would appreciate some BE advice on:

Wife is dual UK/US Citizen, I am UKC, both residing in the UK for longer than 2 years. Recently filed I-130 with intention to move back to the USA permanently by Xmas 2014. Wife has tendered resignation and I am am able to stop employment at a moment's notice. No house to sell etc.

Conundrum:
We have both just been offered a fantastic 12-15 month career opportunity with the same company - the type of opportunity that is really hard to turn down. Naturally we would like to take it, but don't want to 'jeopardize' my immigrant visa process. So my question is: what is the best legitimate way to proceed? I see a few options:

1. Proceed as planned, (proving wife's US domicile is not difficult) and obtain visa, then green card on POE within 6 months of medical date. File re-entry permit and return to the UK for no more than 12 months to finish the contract.

2. Take a really long time between NOA1 (pass to NVC) and submitting DS-260 (readiness for interview). How long can that pause legitimately be? Is this viable or are the timescales I'm citing simply too long?

3. Write to the USCIS and ask our I-130 be terminated for the career reasons stated. I am happy to re-file later, but am cognizant of Ian's phrase "anything other than an approval is a denial"

I am not trying to 'game the system' for a Green Card - this opportunity came totally out of the blue and has knocked us 180 degrees out of our (previously very solid) plan. We had, until today, every intention of being in the USA permanently by Xmas. I would appreciate any advice, suggestions or potential pitfalls with any of the options presented.

Thanks in anticipation

Winston

S Folinsky

No advice given.

That said, the application process gets cancelled when one allows one year to elapse from a request the Department of State people. It is called "lack of prosecution."

rpjs

I've seen it cited here that you can delay, without telling them, any part of the process for a year before the USCIS field office / Consulate will considering closing your case. I've also seen it stated that once approved, an I-130 does not expire, which means that you can pause effectively indefinitely between petition and next steps. Hopefully someone more knowledgable will correct me if I'm wrong.

That only applies to a visa application. You don't actually apply for the immigrant visa until you submit the DS-260. In any case, there's no reason why you shouldn't let the USCIS unit in London know that you're pausing so they don't close your file.

ian-mstm

I don't even know you and I like you already!

Here's the thing... the I-130 isn't a visa application... it's simply a petition that establishes the relationship between a USC and a non-USC. If you choose to not continue with the process, you can simply inform USCIS of that. There's no visa application to withdraw because you haven't yet applied for the visa - ergo, no visa denial. No need to terminate the I-130... you simply don't respond.

That said, you can take up to 12 months between each step of the process, so you really could delay sending back information if you choose to go that route. You can, for example, respond to the approved I-130 about 10 or so months later and by the time the rest of the paperwork goes through, you might be at the end of your assignment.

So, you have two good ways forward.

Ian

Winston_the_Great_Dane

Thank you all so far - really useful. I always enjoy Mr F's "non-advice' and subtle hints, thank you Sir.

Ian and RPJS - thank you. Through some parallel research I had just found some similar guidance about the 12 month pauses - those combined with some generous delays between medical and initial POE should allow us to legitimately complete the work contract and continue on our merry way to the US (albeit later than planned).

It is slightly frustrating that there is no formal published guidance on this subject. I know I'm not the first or likely not the last; just looking for the best legitimate way forward.

TVM

W

Noorah101

Just want to point out that you mentioned NVC. If you file the I-130 directly to London, your case does not go through NVC.

Rene

Winston_the_Great_Dane

Thanks Noorah, as I wrote NVC I kind of knew it was incorrect. Going through London Embassy, so the visa bit of the London USCIS bit (there's some technical language for dissection/correction )

W