My Usa Cr1 Visa Dilemma

[PattayaXpat]

Most people who post here are trying to get their Visa’s as quickly as possible to be reunited with their loved ones; my posts always seem to be the exact opposite!

Here’s my situation. My wife’s CR1 visa has been approved, her final interview was last March (2011) and we are planning on picking it up in February 2012 and traveling 6 months later before it expires.

We purposely put it off as long as possible due to my work situation and our young children. They are better off in Thailand now instead of packing up for a new life in the states.

To make a long story short our situation has changed again, we had a support system in place (family) in the states that could help my Family temporarily settle so I can continue my work for approx 8 months , but that may not work out now.

Here are the options that I believe are available:

1) Take the wife and two kids on a short two week vacation to the states to get her passport stamped and green card started. I really do not want to do this and to be honest I’m not even sure if it’s legal or if I’ll need to ask permission for her to leave again. FYI, my Children have dual citizenship so they are not an issue. This will be much more expensive then option 2.

2) Contact the Embassy and or relevant agencies, explain the situation, cancel the Visa and start all over. I would also apply for an IR-1 This time instead of the CR-1, I think this is the better option but I'm curious about the time frame and if I can just apply in Bangkok for this.

I’m assuming that the second time around would be much easier considering that we have already been approved once, have two kids and will be married over two years.

I would really appreciate any advice or ideas that you might have and if you’re a lawyer in Bangkok or Pattaya feel free to contact me or just post so I can contact you, I always seem to have trouble with the PM function here.

Thanks!

[juanellis]

When you applied for a CR1 it was basically a CR1/IR1. When your wife enters the USA, USCIS will issue her green card. If on the the date her permanent residency begins you have been married less than two years, they will issue here conditional green card which is valid for two years. After two years she would have to file with USCIS to remove conditions and, if approved, she would get a 10 yr green card. If on the date her permanent residency begins you have been married for two years or longer, USCIS will issue her a 10 year green card.

I am a bit confused by the part that she already passed her interview, but does not have her visa. When my wife interviewed (although it was for a K3) they kept her passport and we went a few days later and picked it up with the visa already in it.

As far as going to the USA, once she enters, they will send her a green card (to the address on the I-130 petition when you applied). Nothing else to do but wait for it (usually takes about a month). Once she has the GC, she can potentially stay outside the USA up to a year without a re-entry permit, but pushing this is not recommended.

http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=3f443a4107083210VgnVCM100000082ca60aRCRD&vgnextchannel=3f443a4107083210VgnVCM100000082ca60aRCRD

I would look into the re-entry permit guidelines to determine if it might not be a better way to go.

http://www.uscis.gov/USCIS/Resources/B5en.pdf

[PattayaXpat]

When you applied for a CR1 it was basically a CR1/IR1. When your wife enters the USA, USCIS will issue her green card. If on the the date her permanent residency begins you have been married less than two years, they will issue here conditional green card which is valid for two years. After two years she would have to file with USCIS to remove conditions and, if approved, she would get a 10 yr green card. If on the date her permanent residency begins you have been married for two years or longer, USCIS will issue her a 10 year green card.

I am a bit confused by the part that she already passed her interview, but does not have her visa. When my wife interviewed (although it was for a K3) they kept her passport and we went a few days later and picked it up with the visa already in it.

As far as going to the USA, once she enters, they will send her a green card (to the address on the I-130 petition when you applied). Nothing else to do but wait for it (usually takes about a month). Once she has the GC, she can potentially stay outside the USA up to a year without a re-entry permit, but pushing this is not recommended.

http://www.uscis.gov...000082ca60aRCRD

I would look into the re-entry permit guidelines to determine if it might not be a better way to go.

http://www.uscis.gov...ources/B5en.pdf

Thanks Very Much for The Reply!

I'm still weighing my options but will need to decide within a month or so.

As far as my wife passing her interview, she went to her final interview in March, they approved the visa but she requested to pick it up later. You can put off picking up the Visa for up to a year, but will need to renew your medical and police certificate when you do got to get it. When the visa is issued you have 6 months to use it or lose it.

Does anyone know the current processing times for an IR1 visa?

Thank You

[wildoates]

When you applied for a CR1 it was basically a CR1/IR1. When your wife enters the USA, USCIS will issue her green card. If on the the date her permanent residency begins you have been married less than two years, they will issue here conditional green card which is valid for two years. After two years she would have to file with USCIS to remove conditions and, if approved, she would get a 10 yr green card. If on the date her permanent residency begins you have been married for two years or longer, USCIS will issue her a 10 year green card.

I am a bit confused by the part that she already passed her interview, but does not have her visa. When my wife interviewed (although it was for a K3) they kept her passport and we went a few days later and picked it up with the visa already in it.

As far as going to the USA, once she enters, they will send her a green card (to the address on the I-130 petition when you applied). Nothing else to do but wait for it (usually takes about a month). Once she has the GC, she can potentially stay outside the USA up to a year without a re-entry permit, but pushing this is not recommended.

http://www.uscis.gov...000082ca60aRCRD

I would look into the re-entry permit guidelines to determine if it might not be a better way to go.

http://www.uscis.gov...ources/B5en.pdf

Thanks Very Much for The Reply!

I'm still weighing my options but will need to decide within a month or so.

As far as my wife passing her interview, she went to her final interview in March, they approved the visa but she requested to pick it up later. You can put off picking up the Visa for up to a year, but will need to renew your medical and police certificate when you do got to get it. When the visa is issued you have 6 months to use it or lose it.

Does anyone know the current processing times for an IR1 visa?

Thank You

The IR1 for me has taken about 5 months,

[PattayaXpat]

The IR1 for me has taken about 5 months,

Was it 5 months from the initial application to the final interview? That seems incredibly fast!

[wildoates]

The IR1 for me has taken about 5 months,

Was it 5 months from the initial application to the final interview? That seems incredibly fast!

Initial application was June 10, interview on 27 Oct.

[PattayaXpat]

The IR1 for me has taken about 5 months,

Was it 5 months from the initial application to the final interview? That seems incredibly fast!

Initial application was June 10, interview on 27 Oct.

Wow! Thanks for the Information!