Any concerns if CR1 used but not completed

[MikeSeattle 0]

I wonder if any members have any knowledge of this situation. If a spouse receives a CR1 visa, enters the US, but then leaves before the adjustment of status, is this a problem when filing later for an IR1? More specifically, the spouse was given a CR1 visa, entered the US and then the couple chose to leave the US and remain for around ten years in the home nation of the spouse. A green card was received but the spouse never had an interview for the AOS. Left after one year.

Fast forward ten years and the family now wants to apply for an IR1 (and an IR2 for their adopted child).

I just wondered if this scenario is somehow an issue or just a simple case of not completing the immigration process on the initial CR1 visa.

[Hagrid 22]

We went through k1 but as far as I know cr1 and ir1 don't have aos. You are granted the visa, enter the states and wait about 6 weeks and your greencard will come in the mail no interview other than the one in your home country at the embassy. No AOS. So basically if that happens and go back another 10 years it's like abandoning the residence.

K1 and K3 are the ones with AOS (also B1/B2, J1, F1, others).

Good luck on your journey!

[MikeSeattle 0]

We went through k1 but as far as I know cr1 and ir1 don't have aos. You are granted the visa, enter the states and wait about 6 weeks and your greencard will come in the mail no interview other than the one in your home country at the embassy. No AOS. So basically if that happens and go back another 10 years it's like abandoning the residence.

K1 and K3 are the ones with AOS (also B1/B2, J1, F1, others).

Good luck on your journey!

Thanks. I am using incorrect terms such as AOS. Mea Culpa. However, let me rephrase. After the spouse entered the US using the CR1 visa, no contact was made with INS (at that time) and she departed around a year later. There was some sort of appointment letter sent but it arrived well past the time she had departed. The letter referred to an appointment (interview?) to remove the conditions of residency. By this time though, she was already out of the country.

I just wondered if this would come up as an issue during the IR1 process.

[Penguin_ie 5,994]

No problems at all- if it was a short time (say, staying out of the country a year or two), they might ask you whether you are really sure you want to live in the USA this time, but even then it wouldn;t be a major issue.

[MikeSeattle 0]

thanks. It was not a short stay. It was 2003 when the CR1 was used and she departed in 2004. Now, a decade later the process will be repeated, this time with an IR1.

[The Mean Lady 604]

thanks. It was not a short stay. It was 2003 when the CR1 was used and she departed in 2004. Now, a decade later the process will be repeated, this time with an IR1.

Not an issue, but hopefully the part where she leaves after a year won't be repeated lol.

[pushbrk 12,979]

thanks. It was not a short stay. It was 2003 when the CR1 was used and she departed in 2004. Now, a decade later the process will be repeated, this time with an IR1.

No problem. This time, there will be no removal of conditions. She'll just get the 10 year green card after entry. To avoid this problem in the future, simply arrange to stay in the USA for three years and get US Citizenship for her. Then she can leave for as long as she wants to.