Cr-1 Vs. A K3 Visa

[gbt71fa]

My wife has an interview at the U.S. embassy on 15 June and we have all our papers ready. She has been informed that the interview is not for a K3 visa (which I thought it was) but a CR-1 visa. What is the difference? I thought that we would go to the interview hand in our affidavate of support papers and supporting document and my wife would have an interview. I have been told by many on Thaivisa that we would then be told to come back the next day to pick up her visa and passport if everything went right with the paperwork and the interview. I think the CR in CR-1 stands for "Conditional Residence". This is what CR is supposed to mean according to the embassy website:

Conditional residence visa: If you have been married for less than two years when your husband or wife (spouse) gets lawful permanent resident status (gets a green card), then your spouse gets residence on a conditional basis. After two years you and your spouse must apply together to the Department of Homeland Security to remove the condition to the residence.

The investor visa (EB5 or T5/C5) is also a conditional residence. It requires an application procedure after two years to remove the condition on the permanent residence

Does this throw everything into a loop? We have been assuming that she would have her interview and then we could get her visa and passport the next day. Any help on this would be greatly appreciated.

Edited May 24, 2007 by gbt71fa

[thaihome]

If approved, you should get the visa the next day. The conditional visa (green card) simply means your wife must apply for permission to leave the US or she will lose the visa, also as stated, you must apply for Change of status to permenent residence in 2 years.

TH

[Gumballl]

If approved, you should get the visa the next day. The conditional visa (green card) simply means your wife must apply for permission to leave the US or she will lose the visa, also as stated, you must apply for Change of status to permenent residence in 2 years.

TH

The CR stands for Conditional Resident. Your wife does not need permission to leave the US (e.g. for a vacation), however she can only remain outside the US for a limited period while as a CR. I think the max period is 6 months. I would not recommend leaving the US until she receives her "green" card.

Within 90 days of the second anniversary of her arrival (not your marriage) into the US, she (not you!) can petition to have the CR removed, and have PR instated (you guessed it... PR = Permanent Resident). Of course you can help her complete the myriad of forms to have the CR removed.

Anyhow, suffice to say, it appears that your wife is on track to get her visa to come to the US. The visa will be pasted to one of the pages of her Thai passport. The visa takes up an entire page. Upon arrival at a port-of-entry in the US, border patrol officials will process her, and within a month or so she will receive the "green" card at her place of residence in the US. Once the "green" card is received, the need for the visa within the passport is no longer required. Your wife will be able to leave the US, and upon re-entering, she should present her valid Thai passport along with the "green" card.

Btw, on the day your wife collects the visa from the US Embassy, she will also be given a large envelope with paperwork that she needs to turn over to the border patrol official(s) at the port-of-entry in the US. She is not permitted to open the envelope. The visa, the envelope, and a bunch verbal information will be given to her (and many others) in a "Q&A" forum when she collects the visa. This session takes about 30-45 minutes.

P.S. Make sure your wife carries with her 1-2 passport photos when she enters the US. My wife had to supply one to the border patrol official because the US Embassy neglected to include on the the large envelope. The photo is used for the green card.

Edited May 24, 2007 by Gumballl

[gbt71fa]

I want to thank you both, Thaihome and Gumball, for the help and info you guys have sent me. The CR-1 designation threw me for a little of a loop. I did not even know about the 90 days after arrival part, I thought we could do it immediately so thanks for that info, as well. So will get a visa to put in her Thai passport, correct? When we head back to the states, we are heading into Columbus, Ohio. Does she need to go to an official "port-of-entry", like L.A. or San Fran? How does that all work. I know, I keep asking questions but I like to be prepared before I charge that hill. Again, thank you both and how long have you both been married?

[thaihome]

Please read the USCIS advisory in respect to travel abroad with pending AOS.

TH