Amanda

I came to know, from Sylvia, that approved I-130 is valid as logn as
the relationship between the petitioner and beneficary exists. I
assume that that is the case for sure when he beneficiary has not
applied for adjustment of status or immigrant visa at all.

NOTE: Assume that the relationship between the petitioner an
beneficary exist for allt he following conditions:

Q1- related to AOS: If beneficiary applies for adjustment of status
but didn't bothe to go to GC interview and pursued it, can the
beneficary apply for AOS using the same approve I-130?

Q2 related to CP: If the petitioner finished following every steps
required (provides sponsor, etc.) after the approved petition, and the
immigrant visa has been issued to the beneficiary, i.e the beneficiary
accepted and received the immigrant visa stamp, how long can the
beneficiary wait before using *that* visa to enter US? What if the
beneficiary didn't get to use it and it expires? Can the beneficairy
get a replacement/new visa stamp? Is there a time limt to apply for
the replacement/new visa? I understand if a new sponsor must be
provided to apply for anew visa but is that approved I-130 petition
valid as long as the beneficiary hasn't received(accepted) the
immigrant visa?

Q3 related to CP: If the petitioner finished following every steps
required (provides sponsor, etc.) after the approved petition, and the
immigrant visa is ready for the beneficiary, how long can the
beneficiary wait before taking that immigrant visa stamp at consular
office?

Q 4: At which point does an approved I-130 become not usable to
obtain/apply for an immigrant visa, aside from the situation where the
relationship between petitioner and beneficiary doesn't exist anymore?


NOTE: Assume that the relationship between petitioner and beneficary
exists for all the above scenarios.

I know someone whose immigrant visa was ready but she couldn't leave
the country for personal (illness of family member) reasons until 2
years a later. I am not sure whether she obtained the visa and later
renewed, or never took one until she was raedy to leave. I have no
contact with her to ask specific steps involved. Beside I am afraid
she wouldn't be able to answer with precision since someone would have
handled it for her.

Thanks a lot. I must know all the pitfalls involved to be able to
warn my family. No one in my family has enetered US on immigrant via
before; All entered with F-1 and B-2.

Sylvia Ottemoeller

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

    > I came to know, from Sylvia, that approved I-130 is valid as logn as
    > the relationship between the petitioner and beneficary exists. I
    > assume that that is the case for sure when he beneficiary has not
    > applied for adjustment of status or immigrant visa at all.
    > NOTE: Assume that the relationship between the petitioner an
    > beneficary exist for allt he following conditions:
    > Q1- related to AOS: If beneficiary applies for adjustment of status
    > but didn't bothe to go to GC interview and pursued it, can the
    > beneficary apply for AOS using the same approve I-130?

I'm not sure, but the more crucial question is: what happened to the I-485?
Usually, if a person does not show up for an I-485 interview, the I-485 is
denied and the case is transferred into the removal unit for ultimate
removal of the person from the U.S.

    > Q2 related to CP: If the petitioner finished following every steps
    > required (provides sponsor, etc.) after the approved petition, and the
    > immigrant visa has been issued to the beneficiary, i.e the beneficiary
    > accepted and received the immigrant visa stamp,

An immigrant visa is not a stamp. It is a fat sealed manila envelope with
an attached piece of paper dangling from it, and a corner cut off.

When the person enters the U.S. using the immigrant visa, and is processed
at the port of entry, a stamp is placed in the passport. The stamp is
evidence of permanent resident status, and it is not really a visa stamp in
the sense of a nonimmigrant visa.

how long can the
    > beneficiary wait before using *that* visa to enter US?

An immigrant visa is valid for 6 months from the date of issuance.

What if the
    > beneficiary didn't get to use it and it expires?

The beneficiary loses the chance to immigrate based on that visa.

Can the beneficairy
    > get a replacement/new visa stamp?

Eventually, probably, but I'm not sure how that would work. Possibly, the
person could arrange with the consular post to start a new process of
gathering paperwork toward consular immigrant visa processing. I think the
approved petition would have been in the fat sealed envelope that is the
immigrant visa.

Is there a time limt to apply for
    > the replacement/new visa? I understand if a new sponsor must be
    > provided to apply for anew visa but is that approved I-130 petition
    > valid as long as the beneficiary hasn't received(accepted) the
    > immigrant visa?

If the beneficiary does not go through the immigrant visa process, the
consular post will cancel the case within a year or so. I believe it sends
the approved petition back to whatever U.S. address it can find for the
petitioner.

    > Q3 related to CP: If the petitioner finished following every steps
    > required (provides sponsor, etc.) after the approved petition, and the
    > immigrant visa is ready for the beneficiary, how long can the
    > beneficiary wait before taking that immigrant visa stamp at consular
    > office?

With explanations, the beneficiary could probably string them along for
quite awhile.

    > Q 4: At which point does an approved I-130 become not usable to
    > obtain/apply for an immigrant visa, aside from the situation where the
    > relationship between petitioner and beneficiary doesn't exist anymore?

I don't know.

    > NOTE: Assume that the relationship between petitioner and beneficary
    > exists for all the above scenarios.
    > I know someone whose immigrant visa was ready but she couldn't leave
    > the country for personal (illness of family member) reasons until 2
    > years a later. I am not sure whether she obtained the visa and later
    > renewed, or never took one until she was raedy to leave. I have no
    > contact with her to ask specific steps involved. Beside I am afraid
    > she wouldn't be able to answer with precision since someone would have
    > handled it for her.

Amanda

Thanks you Sylvia.