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Does I-130 expire?

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  • Does I-130 expire?

    I recently saw someone post that their approved I-130 expired and their I-485 was denied because of it.
    I am a little worried about that because mine was approved almost 3yrs ago. I can't find information about time limits on I-130.
    Does anyone know if this is accurate information and if you can please share links to that information.
    Mine was filed in the US while the other person stated that theirs was filed abroad. (Not sure if that matters) TIA.

  • #2
    I also knew a case in which the individual filed for AOS after 3 years that her I-130 was approved and her I-485 ended up being denied.
    The reason USCIS gave for denial was because her I-130 petition that was filed on her behalf had been considered as a “canceled/terminated” petition after 2 years for inactivity/no action taken during that period of time after her petition been approved.
    Get in contact with USCIS as quickly as possible to find out the current status of your approved I-130 before file for AOS. Otherwise your I-485 will end up being also denied.....

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    • #3
      Oh...my. That would mean having to pay for it again. Thanks for the information. It's very irritating that that information is not readily available. They should give you a card with an expiration date or state clearly that approval is conditional.

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      • #4
        Originally posted by JC777 View Post
        I also knew a case in which the individual filed for AOS after 3 years that her I-130 was approved and her I-485 ended up being denied.
        The reason USCIS gave for denial was because her I-130 petition that was filed on her behalf had been considered as a “canceled/terminated” petition after 2 years for inactivity/no action taken during that period of time after her petition been approved.
        Get in contact with USCIS as quickly as possible to find out the current status of your approved I-130 before file for AOS. Otherwise your I-485 will end up being also denied.....
        So what happens in case where a visa is not immediately available like petition for children over 21, siblings and the like? Sometimes they have to wait several years after i-130 is approved

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        • #5
          Originally posted by azblk View Post

          So what happens in case where a visa is not immediately available like petition for children over 21, siblings and the like? Sometimes they have to wait several years after i-130 is approved
          That’s a different scenario since you are now talking about a different family based category. Once your visa category becomes available, if you do not take any action, either USCIS or NVC gives you a year window in order for you to act and submit all required documentation in order your visa gets adjudicated.
          If you do not act after your visa became available within a year after you been notified, by law USCIS/NVC/DOS is entitled to proceed and get your visa petition cancelled or terminated due to inaction.

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          • #6
            Originally posted by Msafiri View Post
            Oh...my. That would mean having to pay for it again. Thanks for the information. It's very irritating that that information is not readily available. They should give you a card with an expiration date or state clearly that approval is conditional.
            Yes! That would mean you will have to star the entire process over again (from zero) as well as pay all the required fees once again!!

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