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Illis411

Filing for CR1 while spouse is still in US

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My fiancé and I are planning to marry by the end of January but she has to go back to her country (Thailand) in march so we decided that the cr1 is the best option for us. Can we begin the process of filing now while she still lives here or do we have to wait until she leaves? We'd like to start now so I can get there sooner as it will take 3-5 months for them to send me the NOA2. Thanks for your time. 

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Yes, you can file while she is still in the US. Technically, she can even still visit you with valid (non-immigrant) visas (assuming they don't see her as a risk of staying due to having immigrant intent moving forward).

Edited by geowrian

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Thank you! Do you know how it works when I am dealing with the NVC and receive the last NOA, how we proceed with the rest of the paperwork? Are the forms sent to me as well as my spouse in Thailand or are we sending them. back and fourth? I assumed she would just be dealing with the us embassy in Bangkok. I would like to fly there as soon as my paperwork is done here in the states, if possible!

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7 minutes ago, Illis411 said:

Thank you! Do you know how it works when I am dealing with the NVC and receive the last NOA, how we proceed with the rest of the paperwork? Are the forms sent to me as well as my spouse in Thailand or are we sending them. back and fourth? I assumed she would just be dealing with the us embassy in Bangkok. I would like to fly there as soon as my paperwork is done here in the states, if possible!

I think the answers you are looking for are covered in the guide here:

http://www.visajourney.com/wiki/index.php/NVC_Process

 

She wil deal with whatever embassy you specify on the I-130.

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