CR1 questions

[reggaereprise 0]

Hey guys, just found this forum. A little background about me: I'm an American, and my Thai wife (I'm living here with her now) and I want to move to the USA next year (Summer 2016) but we'd like to visit my home in the USA together for the holidays this winter (December 2015).

Today we filed the I-130 while thinking that it would take a while (several months) and that we would get a K-3 while we were waiting for her to visit this December. However, I was told today at the USCIS that I filed at that the I-130 will only take 60 days for them to process it and then we'll get the CR-1 interview.

Questions:
1. Once we get the CR-1, how long do we have to get into the country?
2. How long does my wife need to be in the USA in order to get the green card?
3. Would she be free to leave the country for 6 months or so? How long is she allowed to leave the country?

Any other tips and advice is appreciated. Thanks!!

[NikLR 13,220]

Did you file directly with the embassy in Thailand?

[reggaereprise 0]

Yes, well the USCIS right next to it. Nothing is being mailed to the USA or anything.

[Ryan H 3,795]

***Moved from IR-1/CR-1 Process & Procedures to DCF Discussion; OP filed petition at USCIS field office in Bangkok.***

**Moderator hat off**

Hey guys, just found this forum. A little background about me: I'm an American, and my Thai wife (I'm living here with her now) and I want to move to the USA next year (Summer 2016) but we'd like to visit my home in the USA together for the holidays this winter (December 2015).

Today we filed the I-130 while thinking that it would take a while (several months) and that we would get a K-3 while we were waiting for her to visit this December. However, I was told today at the USCIS that I filed at that the I-130 will only take 60 days for them to process it and then we'll get the CR-1 interview.

Questions:
1. Once we get the CR-1, how long do we have to get into the country?
2. How long does my wife need to be in the USA in order to get the green card?
3. Would she be free to leave the country for 6 months or so? How long is she allowed to leave the country?

Any other tips and advice is appreciated. Thanks!!

Answers:

1. When the visa is issued, it will have an expiration date printed on it, entry to the US must take place before that date that date.
2. CR-1 visa holders become resident's upon entry to the US. The visa itself endorsed by a standard CBP entry stamp acts as a temporary green card until the actual green card is in-hand. The temporary green card is valid for one year. The green card will be produced after your wife enters the US and the card production fee is paid. There is no set time she has to be in the US before the card will be produced.
3. In general, Green Card holders can be out of the US for up to 6 months without raising scrutiny. 6-12 months can draw scrutiny. 12 months is the absolute limit a Green Card holder can be out of the country without losing status.

Forget about the K3, unless something has changed that I'm not aware of, the process for that visa type can only be filed stateside, not overseas. Besides, current procedures in place have made the issuance of a K3 a rare occurrence. Filing at overseas field offices is typically the fastest timeframe from petition filing to interview. If your wife wanted to visit the US prior to the spousal visa interview, she would have to be granted a US tourist visa beforehand and the chances of that happening are next to nil.

[reggaereprise 0]

Thanks, Ryan. Couple more questions:

1. Once in the USA, how long does it usually take to get the Green Card?
2. She would just need a re-entry permit in order to leave the country and retain Green Card status, right?

[Ryan H 3,795]

Thanks, Ryan. Couple more questions:

1. Once in the USA, how long does it usually take to get the Green Card?

2. She would just need a re-entry permit in order to leave the country and retain Green Card status, right?

Couple more answers:

1. Varies; could be as little as a few weeks to a couple of months. The sooner the $165 fee is paid after visa issuance, the sooner the clock starts ticking on it after entry. The card will not be produced until A) fee is paid and B) visa holder enters the country.
2. If her time out of the US is under 1 year, then she will not need a re-entry permit. If her time out of the country is longer than 1 year, she will need a re-entry permit.