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wilk0164

Can my wife leave the USA?

By wilk0164 in IR-1 / CR-1 Spouse Visa Process & Procedures

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wilk0164 Rookie

wilk0164   0

Posted
Filed: Other Country: Australia
 Timeline
Posted

Hi all,

My wife and I currently have a CR-1 application pending.
We received our receipt on the 7th of August, so the process has now been underway for around 4 months.

I (beneficiary - Australian citizen) am currently in the USA visiting my wife on the visa waiver program. I arrived mid October to ensure that I would be here for the birth of our son in November.
As I can only stay here for 3 months, my time is almost up and I must return home at the end of December.

Naturally, my wife and I would prefer to spend as little time apart as possible.
My questions are...

If my wife and son were to come to Australia while the application is pending, is there a danger of this hindering the progress in any way?
Is there is any reason USCIS would require them to remain in America?
Does anyone advise against this visit? If so, why?

Any assistance would be greatly appreciated. Thank you in advance.


Hypnos Grand Master

Hypnos   6,579

Posted
Filed: Citizen (apr) Country: United Kingdom
 Timeline
Posted

She can make a temporary visit to Australia to visit you, the same way you are making a temporary visit to the US to see her now, but her domicile must remain in the US.

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canadianplum Explorer

canadianplum   20

Posted
Filed: Country: Canada
 Timeline
Posted

There really shouldn't be any issues - she just needs to make sure she keeps her main residence in the US - visiting will be no issue.

event.png

NOA1 - April 19, 2013

Case Transfer - November 25, 2013

NOA2 - December 4, 2013 (via CSC)

NVC rec'd - December 16, 2013

NVC case number - January 7, 2014

Email from NVC confirming EP - January 10, 2014

DS-261 avail and completed - January 15, 2014

AOS fee avail and paid - January 17, 2014

AOS fee shows "paid" - January 22, 2014

AOS/i-864 package sent - January 24, 2014

IV invoiced and paid - January 24, 2014

IV shows "paid" - January 29, 2014

DS-260 avail and completed - January 29, 2014

IV package sent - Janaury 31, 2014

Case COMPLETE!! - February 27, 2014 dancin5hr.gifdancin5hr.gifdancin5hr.gifdancin5hr.gifdancin5hr.gifdancin5hr.gif

Medical Complete - March 24, 2014

Interview - April 2, 2014

APPROVED!! at April 2, 2014 interview, husband comes to Canada April 10th to cross over once my passport is returned. :wow:

April 13, 2014 - All moved in and even welcomed with a big surprise 'welcome to America party' by my husband and friends I've made here over the last year.

Dave&Roza Experienced

Dave&Roza   748

Posted
Filed: Lift. Cond. (apr) Country: Kazakhstan
 Timeline
Posted

Hi all,

My wife and I currently have a CR-1 application pending.

We received our receipt on the 7th of August, so the process has now been underway for around 4 months.

I (beneficiary - Australian citizen) am currently in the USA visiting my wife on the visa waiver program. I arrived mid October to ensure that I would be here for the birth of our son in November.

As I can only stay here for 3 months, my time is almost up and I must return home at the end of December.

Naturally, my wife and I would prefer to spend as little time apart as possible.

My questions are...

If my wife and son were to come to Australia while the application is pending, is there a danger of this hindering the progress in any way?

Is there is any reason USCIS would require them to remain in America?

Does anyone advise against this visit? If so, why?

Any assistance would be greatly appreciated. Thank you in advance.

Your wife is petitioning for YOU to come to the US. She can travel as she sees fit. You can come to the US easier than most people doing the spousal visa, but be careful not to abuse being in the US more than out of the US or the CBP may decide to deny you entry. They typically give you a warning on the time before they deny you, but they may not. Enjoy the fact that the two of you are from countries that allow free travel, otherwise you would have to be apart for the entire process or only when the USC can travel.

I would have a trusted person keep an eye out for mail from the USCIS while your wife is visiting just to catch any RFEs that might happen or any other information the USCIS might want. To not respond to an RFE will slow things down or cause a denial if the allotted time to reply passes.

Good luck,

Dave

canadianplum Explorer

canadianplum   20

Posted
Filed: Country: Canada
 Timeline
Posted

There really shouldn't be any issues - she just needs to make sure she keeps her main residence in the US - visiting will be no issue.

event.png

NOA1 - April 19, 2013

Case Transfer - November 25, 2013

NOA2 - December 4, 2013 (via CSC)

NVC rec'd - December 16, 2013

NVC case number - January 7, 2014

Email from NVC confirming EP - January 10, 2014

DS-261 avail and completed - January 15, 2014

AOS fee avail and paid - January 17, 2014

AOS fee shows "paid" - January 22, 2014

AOS/i-864 package sent - January 24, 2014

IV invoiced and paid - January 24, 2014

IV shows "paid" - January 29, 2014

DS-260 avail and completed - January 29, 2014

IV package sent - Janaury 31, 2014

Case COMPLETE!! - February 27, 2014 dancin5hr.gifdancin5hr.gifdancin5hr.gifdancin5hr.gifdancin5hr.gifdancin5hr.gif

Medical Complete - March 24, 2014

Interview - April 2, 2014

APPROVED!! at April 2, 2014 interview, husband comes to Canada April 10th to cross over once my passport is returned. :wow:

April 13, 2014 - All moved in and even welcomed with a big surprise 'welcome to America party' by my husband and friends I've made here over the last year.

NikLR Grand Master

NikLR   13,234

Posted
Filed: Lift. Cond. (apr) Country: Canada
 Timeline
Posted

the only issue I can see is the AOS... Does she have a joint sponsor already or is she currently working? Can she take that long of a break?

You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

 
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