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PSA: If entering the USA 2 years after marriage, kindly remind the immigration officer of this
spicynujac posted a topic in IR-1 / CR-1 Spouse Visa Process & Procedures,
When we last entered the US, our immigration officer said "Oh, hmm I wonder if I could go ahead and change you an IR-1." The agent right next to him said "Yes, you can do that" and he acted surprised. His comments made it pretty clear he was going to erroneously issue us a CR-1 and he seemed to not even know he could change the visa status until his coworker advised him (THANK GOODNESS she overheard!). I don't know how onerous the process is to correct such an oversight but I'm glad we didn't have to find out!
Just wanted to pass this along in the hopes it saves someone from any problems with the wrong stamp being placed in the passport, as I've read about here before.... I would kindly remind the officer "We married >2 years ago. We can enter with an IR-1 visa now right?"-
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- 19 replies
Traveled to Canada for 20 days after entering the U.S. on a K-1 visa (June 1–22). Seeking reentry under Automatic Visa Revalidation (AVR).
Dovahkiinali0605 posted a topic in K-1 Fiance(e) Visa Process & Procedures,
I entered the U.S. on a K-1 visa on June 1st and left for Canada on June 2nd, remaining here for 20 days. I am now attempting to return to the U.S. through Toronto Pearson Airport (YYZ) using Automatic Visa Revalidation (AVR). My K-1 visa is expired, but my I-94 is still valid. Am I ok?-
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Wrong USCIS application form filed by my lawyer!
narayan333 posted a topic in K-1 Fiance(e) Visa Case Filing and Progress Reports,
Hello, so my wife came in k-1 visa to USA and we got married and all. We filled for work permit and green card together but while doing that my lawyer filed for I-130 no idea why. Will that application make my process for work permit and green card slow? If so how do I withdrawal that application? My lawyer isn’t helpful at all. I need some help…-
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Seeking advice for Thai/US couple - What US visa path to take?
PeachyTocker posted a topic in K-1 Fiance(e) Visa Process & Procedures,
My gf and I live in Thailand but spend 2-4months in the US per year. Once/if we have children age 5+, the time split would become vice versa. We have no plans to live full-time in the United States in the next 5 years, but I visit my family and friends 2-3x per year for 2-3 weeks at a time. I would love it if she can join me for those trips and experience that part of my life. What options do we have -- US visa wise, maybe a tourist or fiance visa later? Other?
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Hello @jorgesalazar818. I hope you are doing well. I wanted to check with you to see if you've received any news from Ciudad Juarez.· 1 reply
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Hello Everyone!· 1 reply
I have a situation where, during my NVC documentation process, the fee was requested for my daughter as well. However, while reviewing the documents, NVC excluded my daughter with the reason that she is not eligible based on her age, as she turned 21 in November 2023. In reality, during the pandemic, I applied for my I-824 to port my approved I-140 (Priority Date: March 6th, 2012). It took almost 2 years to get my I-824 approved. At that time, my daughter was below 21 years old, and my dates became current while I was waiting for my I-824 approval. (As per my attorney, she should be on the file based on this point.)
Later, NVC requested me to submit the DS-260 with all documentation, including my daughter’s. Once I received my DQ (Documentarily Qualified) letter for document completion, I realized on their website that my daughter’s name was grayed out and I couldn't access her form. Only myself and my wife were on the application process, and I am the principal applicant. During that time, I engaged an attorney to raise our concern. After careful review, the attorney adjudicated that my daughter should be on file based on the CSPA action and issued a memo to NVC with all exhibits stating why she should be on file.
NVC processed the case again, retriggered the process, and my DQ date changed from November 2023 to May 2024. My daughter’s name was also back in active mode. When we received our Interview Letter (IL), her name was listed on the letter as a dependent. At this time, the attorney is saying to just attend the interview, and we will see how the visa officer makes a decision on her case, since she is above 21 at this time.
Please let me know if anyone has experienced this kind of situation where the child was below 21 during the NVC process when the dates were current, and later the dates retrogressed and became current again at a later stage. Is she eligible under the CSPA Act?
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