A CR1 Visa Dilemma

[DLL66 0]

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

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 (Thailand) feel free to contact me via PM or

just post so I can contact you

Thanks!

[Navyk 78]

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

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 (Thailand) feel free to contact me via PM or

just post so I can contact you

Thanks!

Foreign spouse can leave US immediately after entering US - no issues

However he/she needs to maintain residency in US to retain the permanent residency status. - meaning you can stay outside US for more than 1 years without re-entry permit. With re-entry permit, you can stay less than 2 years outside US without loosing the status. Check the link below that talks about getting SS Number, filing tax returns.....

http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=f3f43a4107083210VgnVCM100000082ca60aRCRD&vgnextchannel=f3f43a4107083210VgnVCM100000082ca60aRCRD

[pushbrk 13,625]

Foreign spouse can leave US immediately after entering US - no issues

However he/she needs to maintain residency in US to retain the permanent residency status. - meaning you can (CAN NOT) stay outside US for more than 1 years without re-entry permit. With re-entry permit, you can stay less than 2 years outside US without loosing the status. Check the link below that talks about getting SS Number, filing tax returns.....

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

Change can to can not in the post above and all is well. I would go for option 1. How long will you have been married when she enters the USA under option 1? If more than two years married on the entry date, she'll be entitled to IR1 status and a ten year card even if the visa says CR1.

[DLL66 0]

Change can to can not in the post above and all is well. I would go for option 1. How long will you have been married when she enters the USA under option 1? If more than two years married on the entry date, she'll be entitled to IR1 status and a ten year card even if the visa says CR1.

Thanks for the reply's

1) Pushbrk, can you explain to me what you mean that she "Can Not" immediately leave the country? I can't fine anything in writing stating this. If she doeas turn around and leave no one will even check her passport for entry stamps/Green Card etc....

2)NavyK, I just took a quick look at the reentry permit application and as with most forms it's very confusing. first of all it's about $400.00 for the permit, and it states that you need to file for it while you are in the states but it can be sent to an over seas Embassy for pick up. It also states that "you may be required" to give bio metric data and if you are not in the states to do this then you may be denied.

3) Pushbrk, We will be married for over two years when we arrive, would we need to file a form or inform someone to get her status changed to IR-1?

Does anyone know the current timeline for a new IR1 application in Thailand?

Thanks

[Done--Really 331]

Hey DLL....

You are out of your mind to even consider letting the visa expire and start over. Just get her here for a short time to get her passport stamped, and all she has to do is to show the CBP agent at the airport a copy of your marriage license and she will get the IR-1 visa--no problem at all.

Once she has the I-551 stamp in her passport, she can immediately travel worldwide with no complications other than staying away too long as mentioned above.

This is not complicated--REALLY !!

[DLL66 0]

Hey DLL....

You are out of your mind to even consider letting the visa expire and start over. Just get her here for a short time to get her passport stamped, and all she has to do is to show the CBP agent at the airport a copy of your marriage license and she will get the IR-1 visa--no problem at all.

Once she has the I-551 stamp in her passport, she can immediately travel worldwide with no complications other than staying away too long as mentioned above.

This is not complicated--REALLY !!

Trust me, I feel like I'm out of my mind by letting it expire after all the work that I put in to it and starting all over but I'm also looking at the finances of taking the entire family to the states on what I would call a "Visa Run". I'm going to need to buy 4 round trip tickets from Bangkok to Chicago, rent a car, hotel, etc.... I don't live in the states so I don't really have anything there and mt family support system has changed...

I'm honestly just trying to explore my options, if I start all over with an IR1 application it should take about a year and give me the cushion I need, and would also be much cheaper...

If she is issued the I-551 stamp does that mean her conditional status is lifted? Could I fly in to any US Airport and get this accomplished or would I be questioned by not going to my home state?

Please keep the comments coming, this is what I need to hear!

[pushbrk 13,625]

Thanks for the reply's

1) Pushbrk, can you explain to me what you mean that she "Can Not" immediately leave the country? I can't fine anything in writing stating this. If she doeas turn around and leave no one will even check her passport for entry stamps/Green Card etc....

2)NavyK, I just took a quick look at the reentry permit application and as with most forms it's very confusing. first of all it's about $400.00 for the permit, and it states that you need to file for it while you are in the states but it can be sent to an over seas Embassy for pick up. It also states that "you may be required" to give bio metric data and if you are not in the states to do this then you may be denied.

3) Pushbrk, We will be married for over two years when we arrive, would we need to file a form or inform someone to get her status changed to IR-1?

Does anyone know the current timeline for a new IR1 application in Thailand?

Thanks

I didn't say that. The statement was, "can stay outside US for more than 1 years without re-entry permit." It should have read can not. Yes, she can leave on the next flight if she chooses but the requirement to maintain permanent resident status remains.

Just remind the CBP officer that she qualifies for IR1 status and why. If USCIS issues the wrong card, file an I-90 at no charge to correct their error.

Edited October 6, 2011 by pushbrk

[Done--Really 331]

Any airport will do--you will have to have an address of course where they will send the actual green card a few weeks later, but the I-551 stamp will take care of the formalities for a year, and you can return the very same day if you need to. You will have to be sure that the CBP officer switches the paper work to IR-1, but that is just a matter of having the proof.