My question is "if a petition I-130 is approved and the benificiary gets a packet from the embassy, for how long the benificary can delay the process? if the benificiary does not want to emigrate to the US at that time"

Thanks

Try to call the embassy and ask that question.

Depending on what the circumstences are and how mush more time one needs, the would be immigrant could also enter the US and then return to home country (to finish school, for example).

All your information should be in the packet - but if you don't answer within a year, your case is thrown out and you have to start again. Just because they sent you a packet does not mean that you don't have years before the immigrant visa is issued.

Once your visa is issued and you pass the interview, you have one year in which to get to the US. But you still have the GC interview once you are in the US>

Do we talk about immigrant visa (approved I-130)? Wouldn't that mean GC after entering the US, and no need for AOS and interview in the US?

Young Man, if you provide more details, you may get better answer and suggestions.

The embassy will issue to the immigrant Visa after an interview at the consulate. You then go to the border and (hope) they let you into the States. The visa does not guarantee entrance. Then you file your I-485 which is also the form you use to register LPR. And the fun continues.

The form I-130 just acknowledges that the person being appied for is a direct relative - and approved I-130 is NOT an approved immigrant visa.
Please note: USCIS processes Form I-130, Petition for Alien Relative, as a visa number becomes available. Filing and approval of an I-130 is only the first step in helping a relative immigrate to the United States. Eligible family members must wait until there is a visa number available before they can apply for an immigrant visa or adjustment of status to a lawful permanent resident. Please read more.

"The form I-130 just acknowledges that the person being appied for is a direct relative - and approved I-130 is NOT an approved immigrant visa" . Yes, and the immigrant visa is hopefully approved after the interview at the consulate. But after that, the immigrant visa holder becomes LPR when he/she enters the US. No AOS, no I-485.

If the beneficiary of I-130 is in the US, he/she files I-485 and goes through AOS instead of consular processing.

How Do I Apply for an Immigrant Visa Number?
You do not directly apply for an immigrant visa number. In most cases, your relative or employer sends a visa petition to the USCIS for you (the beneficiary) to become an immigrant. (Certain applicants such as priority workers, investors, certain special immigrants, and diversity immigrants can petition on their own behalf.) USCIS will tell the person who filed the visa petition (the petitioner) if the visa petition is approved. USCIS will then send the approved visa petition to the Department of State's National Visa Center, where it will remain until an immigrant visa number is available. The Center will notify you (the beneficiary of the application) when the visa petition is received and again when an immigrant visa number is available. You do not need to contact the National Visa Center, unless you change your address or there is a change in your personal situation that may affect your eligibility for an immigrant visa. You may contact the National Visa Center by writing to: The National Visa Center; 32 Rochester Avenue; Portsmouth, New Hampshire 03801-2909.

How Can I Find Out When an Immigrant Visa Number Will Be Available for Me?
Each approved visa petition is placed in chronological order according to the date the visa petitioin was filed. The date the visa petition was filed is known as your priority date. The State Department publishes a bulletin that shows the month and year of the visa petitions they are working on by country and preference category (see eligibility information above). You can estimate of the amount of time it will take to get an immigrant visa number by comparing your priority date with the date listed in the bulletin. For instance, suppose you look under your country and preference category, and see that the State Department is working on applications they received in May 1996. If your priority date is May 1998, then you may have to wait several more years for an immigrant visa number to become available. You may access the State Department Visa Bulletin at the State Department's Website, or you may call the Department of State Visa Office at (202) 663-1541, to learn which priority dates are currently being processed.

No body tries to understand my point. Or I could not express myself correctly. I am an immidiate relative of a USC(parent of a USC). Therefore I do not have to wait for availability of visa number. My question was that when I get the packet 3 from the embassy can I delay the process for some time? or do I have to do according to the instructions of the embassy? In my case I have a minor daughter and two adult dependent children to take care of. So I can not come to the US right now. I understand that immediate relative case takes about a year or so. Can I prolong the process for a few years. I do not want to get my approved petition cancelled or thrown out.

I suggest that you wait till you become an Old Man.

I think each form or approval has it's expirationa date. I'm not sure, but try looking for them.

Why not apply later, if you know if takes a year to approve and you don't plan to be here for the next 2-3 years?

I don't think (just logical assumption) that they will keep your approved immediate relative petition on hold and wait until you ask them to issue you the visa, but it wouldn't hurt to call embassy and ask directly people who handle these kind of cases , or else try to consult with immigration attorney.

Good luck,

IE