Asked in Immigration Law

Q: Can an approved i130 expire?

How long after the approval of i130 can a prospective immigrant wait to submit an affidavit from someone who meets the current guidelines? My husband lost his job, Im not sure if our approved i130 can "expire" if we dont go ahead with the immigration process soon. I dont know anyone else who would sign the affidavit for me.

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2 Lawyer Answers
Gunda Yohanna Brost
Gunda Yohanna Brost
Answered
  • Immigration Law Lawyer
  • Cedar Falls, IA

A: If there’s no movement on the case it will eventually be terminated typically within 2 years. You can reach out once a year to the NVC to try to keep it alive.

Adan Vega agrees with this answer

Patricia C. Wall-Santiago
Patricia C. Wall-Santiago
Answered
  • Immigration Law Lawyer
  • Fort Lauderdale, FL

A: I will assume that your husband intends to proceed with consular processing. As a general rule, the petition does not expired but if the petition was transferred to the National Visa Center for visa processing and you do not respond to their communication within a year, the petition may get terminated and you will need to file a new petition.

As long as you communicate once a year with NVC, the family petition won't get terminated. If you learned that the family petition was terminated you have two years from the termination date to request reinstatement. You can request reinstatement but there is no guarantee that it will get reinstated since you need to show that failure to communicate was outside your control. I wish you the best of luck finding a sponsor for your husband.

Adan Vega agrees with this answer

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