Expired CR1 complications

[PhilGuySc 0]

Hi all,

Would like to share our story and seek advice from you guys who know the ropes.

In 2005, while Active Duty USAF, my wife and I applied for her CR1 visa in Seoul Korea, where I was stationed. We went through the process and were approved at the visa was granted. At the time my military orders had me leaving Korea within 3 months. Unfortunately my orders changed and we remained in Korea for another year thus causing the visa to expire. Korea was my last station while Active Duty and my wife and I decided to remain overseas and move to the Philippines. ( my wife is Filipina)

We lived in the Philippines up until January of this year. At which time, we decided to migrate with our children (both are US citizens) to the U.S.

I have returned to the U.S. first and secured a solid job and found a home for us. We are now knee deep in reapplying for her visa.

This is where the complications arise. The approved I130, which does not expire, is located in Korea. We were advised by the Embassy in Manila to request the Embassy in Seoul send the case to the Embassy in Manila. However, when we contacted Seoul, we were told to submit a DS 3098 to the Embassy in Manila who "if they accept the case" will request the original files from Korea.

What is meant by "if they accept the case"? Is the fact that my wife is a filipina residing in the Philippines enough justification for them to accept the case?

Also, the DS 3098 has a section that asks for the "original registration date". Would this be the her visa was initially issued? If not, where should I look for this number?

The next step after this would be submitting a new DS 230 application, a new medical exam, and new police clearance. I am prepared to submit a new affidavit of support (i864), but not sure I will need to as the guidelines says that it also doesn't expire but common sense says they would want an updated submission. Either way, it's already prepared should they ask.

Not sure what happens when/if the case arrives from Korea to the U.S. embassy Manila. The situation is quite unique and it worries me that we don't have exact steps to follow in this situation. Anyone have any ideas or suggestions?

Thanks in advance!

[Boiler 43,429]

Sad that you did not ask before a DCF in PI would have been quickest.

Not sure if this is the best route, seems that resurrecting an I 130 can take longer than starting anew.

[PhilGuySc 0]

Before leaving Phils, I visited the Embassy and explained the situation. They took the original visa envelop (we kept it all those years and never opened it). After looking through the docs, they advised us to request the case to be sent from Seoul and indicated it would be a simple electronic sending process that would be done essentially as soon as we requested.

[Boiler 43,429]

Nothing to do with Immigration is ever simple.

Electronic, it would be a paper file, and usually, difficult to be definitive, it would have been kept for a year and then filed. No idea if the Consulate keep it or send it back, but from what I have seen once it is filed getting it back is the fun game.

And that has been with people applying at the same Consulate.

Anyway good luck.