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IV case was Terminated w/o notification

IV case was Terminated w/o notification

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Old Jul 17th 2011, 7:55 pm
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Default IV case was Terminated w/o notification

Hi all,

My wife is USC and I had a case pending since 2006 in Cairo US embassy for the submition of I-864 rom a joint sponsor.

In 2008 we received a notification letter from the embassy of cancelation, then we responded that we are still searching for a sponsor and we want to keep the case opened.

Also the consular section replied by email that the case is active. Since then we had few correspondences till July 2009.

Now we finaly found a joint sponsor and sent them the documents however they responded that the case was terminated on July 2010. Knowing that we did not receive any notification from their end.

Please advice if it will be possible to reopen the case and carry on the process in order to issue the IV

if not does that mean that we will repeat all the steps again starting from the I-130, IV interview, fees, vaccination,......etc

Thanks
Badr
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Old Jul 17th 2011, 11:55 pm
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Default Re: IV case was Terminated w/o notification

Hi badr,

I'd say your case is unusual. You won't find many people (if anyone) on this forum who will have been in your same situation. You should consult with an immigration attorney who is familiar with the consulate in Cairo to find out whether you can re-open the existing case, or whether you have to start over.

What was the date of the last correspondence you had with them? (Prior to this current notification that the case was closed.)

Rene
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Old Jul 18th 2011, 6:32 am
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Default Re: IV case was Terminated w/o notification

Hi Rene,

The last email we received was on July 7 2009.

Is there a time frame to complete the cases, The delay was out of our hand, we really had a problem in finding the sponsor and we have been searching for someone since 2006. We notified the embassy many time in addition I explained that to the consular officer in the interview however they didn't accept waiving the sponsor requirement.

Rgds
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Old Jul 18th 2011, 12:40 pm
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Default Re: IV case was Terminated w/o notification

Originally Posted by badr51182
The last email we received was on July 7 2009.
Ultimately, it may be easier (and less expensive) to simply refile.

Ian
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Old Jul 18th 2011, 1:50 pm
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Default Re: IV case was Terminated w/o notification

Hi Ian,

what do you mean by refile? is it starting all over again?

Thx
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Old Jul 18th 2011, 3:48 pm
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Default Re: IV case was Terminated w/o notification

Originally Posted by badr51182
Hi Ian,

what do you mean by refile? is it starting all over again?

Thx
Badr
Yes, that's what Ian means.

So July 7, 2009 is the last correspondence you had from them.

What are the dates of the correspondence you sent to them, letting them know you want to keep the case active? Was it after July 7, 2009?

Rene
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Old Jul 18th 2011, 3:51 pm
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Default Re: IV case was Terminated w/o notification

It was back in 2008 and after that we had few correspondenses, the last on was July, 7 2009.

I have just received a responde from them confirming the termination and the physical case file was destroyed as well.
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Old Jul 18th 2011, 3:53 pm
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Default Re: IV case was Terminated w/o notification

Originally Posted by badr51182
It was back in 2008 and after that we had few correspondenses, the last on was July, 7 2009.

I have just received a responde from them confirming the termination and the physical case file was destroyed as well.
OK, it sounds like you did not keep in touch with them from July 7, 2009 until now, July 2011. That's 2 years of no correspondence from you, letting them know you want to keep your case active and open. They just assumed you've given up, since they hadn't heard from you in 2 years.

If they've terminated the case and destroyed everything, and you have that in writing from them, I see no other course but to start over. But you can still consult with an immigration attorney to see if there is another solution.

Rene
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Old Jul 18th 2011, 3:56 pm
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Default Re: IV case was Terminated w/o notification

Thanks so much for your advise, it's very unusual
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Old Jul 18th 2011, 5:02 pm
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Default Re: IV case was Terminated w/o notification

Originally Posted by badr51182
Thanks so much for your advise, it's very unusual
I believe that the point where you start over is with a new visa application. The approval of the I-130 petition should still be valid.

Exactly how you submit a new visa application I don't know, since the usual procedure is for the NVC to invite the application. A consultation with an immigration attorney might be worthwhile.
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Old Jul 18th 2011, 7:13 pm
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Default Re: IV case was Terminated w/o notification

General comment: there is a dissonance between the subject line and the text of the original post.

OP did get notice of the cancellation -- three years ago. And OP confirmed that they would be unable to qualify at the time because they did not have a joint sponsor.

The first "sticky" noting the upcoming end of true "DCF" should be noted.
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