Delay CR1 process

[Feeb 0]

After I130 has been approved, is it possible to wait with applying for the CR1 visa? Me and my (American) spouse live in Europe currently, and even though we’d like to move to the US some time not too long from now, we’re in no particular hurry either. We’d like to be flexible about the exact timing of our move, so that it’s convenient in terms of work/family, etc. I know the CR1 visa is valid for six months, however, is there any way to get more wiggle room? For example by just not applying for the visa immediately after the I130, but waiting for a while?

[lummo 61]

24 minutes ago, Feeb said:

For example by just not applying for the visa immediately after the I130, but waiting for a while?

Yes, that's an option. The I-130 is sent to NVC and will stay there if you don't do the NVC steps. Make sure to call the NVC number at least once every 12 months to prevent them from sending it back to USCIS. Delaying it can be beneficial because if you enter the US after your 2 year marriage anniversary then you get a 10 year GC and avoid Removal of Conditions process that 2 year GC holders must go through.

[geowrian 22,335]

Yes, you can wait on NVC processing. An I-130 does not expire. As long as you stay in contact, they should keep it open. With no contact, they should hold it for at least a year.

Keep in mind the visa itself is valid for up to 6 months (depending on the validity of the medical).

[Moses Bee 276]

26 minutes ago, Feeb said:

After I130 has been approved, is it possible to wait with applying for the CR1 visa? Me and my (American) spouse live in Europe currently, and even though we’d like to move to the US some time not too long from now, we’re in no particular hurry either. We’d like to be flexible about the exact timing of our move, so that it’s convenient in terms of work/family, etc. I know the CR1 visa is valid for six months, however, is there any way to get more wiggle room? For example by just not applying for the visa immediately after the I130, but waiting for a while?

The option is not on your hands since the date you applied the i-130  and been approved by the USCIS , you only have to follows now all the procedure so to enable you get into the final stage of your case . Any delay tittle by you will may be raise a different suspicious or unknown future advancement in your i-130 case .

Hoping things goes well with you soon.

[lummo 61]

6 minutes ago, Moses Bee said:

The option is not on your hands since the date you applied the i-130  and been approved by the USCIS , you only have to follows now all the procedure so to enable you get into the final stage of your case . Any delay tittle by you will may be raise a different suspicious or unknown future advancement in your i-130 case .

Hoping things goes well with you soon.

Incorrect. Read answers above.

[Moses Bee 276]

I'm only fearing for them for future advancement in their case if only they took a stand to delay the process.

On my opinion , they shouldn't apply so quickly if they are not yet ready for it !!!

Wishes them all the best and good luck.

 

[pushbrk 12,106]

43 minutes ago, Moses Bee said:

I'm only fearing for them for future advancement in their case if only they took a stand to delay the process.

On my opinion , they shouldn't apply so quickly if they are not yet ready for it !!!

Wishes them all the best and good luck.

 

The are actually living together....in...Europe.  Your concerns might be valid if it was Ghana and they weren't living together.  Advise of value always considers the actual CIRCUMSTANCES.

[Ullimaggi 0]

I don’t know for sure how the delay works or if it does. But our friends just filed their CR-1 and will also live in Europe for at least one more year. Never the less they want the process to be over with. So they will have their interview soon and have to travel to the states/ enter the country with the 6 months of the medical exam. As far as I know you don’t have to move there right anyway. Just need to enter the country. Does anyone else know more about this? I am just talking from what I heard from my friends.  Please make sure that you can do it that way. 

[NikLR 13,220]

You can delay sending key items to the NVC for up to a year at a time.  For instance you can pay the AOS fee and wait to send the documents or pay the IV fee and wait to do the Ds-260.  In theory you can delay the process  by several years by strategically paying fees and sending documents until you're closer to the moving date desired.  It's pretty easy to slow this process down, and impossible to speed it up.  

If any documents are out of date by interview you'd need to supply a fresh set, so keep that in mind.  One would normally have 6 months from medical date in which to activate the visa as well.  You can always return asap if needed. 

[Feeb 0]

Hi, thanks for all the quick replies! All very helpful!

[JFH 12,189]

10 hours ago, Moses Bee said:

I'm only fearing for them for future advancement in their case if only they took a stand to delay the process.

On my opinion , they shouldn't apply so quickly if they are not yet ready for it !!!

Wishes them all the best and good luck.

 

Maybe they were in a hurry when they started the process but their circumstances have changed? It’s currently taking around 10 months for I-130s to be approved. A lot can happen in that time. Not everyone is in the sane situation. I, for example, was in a huge hurry to move because I couldn’t wait to be with my husband. This couple are already living together so they’ve already achieved that. 

[lummo 61]

6 hours ago, Ullimaggi said:

As far as I know you don’t have to move there right anyway. Just need to enter the country.

That's risky because in future US entries CBP can determine (depending on US absence and/or using foreign services that require foreign domicile) that LPR status was abandoned: https://www.uscis.gov/green-card/after-green-card-granted/maintaining-permanent-residence

[geowrian 22,335]

7 hours ago, Ullimaggi said:

As far as I know you don’t have to move there right anyway. Just need to enter the country. Does anyone else know more about this? I am just talking from what I heard from my friends.  Please make sure that you can do it that way. 

Once entering on the immigrant visa, you are a permanent resident. As such, you are required to maintain permanent residence within the US.

Trips abroad for a few months shortly afterwards would probably be fine. Trips over 6 months start to look like one is not actually living in the US. Trips of a year or more have a mandatory presumption of abandoning residency.

It's difficult to show ties to the US and that your permanent residence is in the US if you are living and/or working abroad. Claiming any sort of foreign residency and/or benefit that require residency can also be an issue upon coming back to the US.

 

Given the OP's uncertain timeframe for when they actually want to move, I would not suggest this route. Holding things up at NVC would he the preferred, safer option IMO.