Reissuing or extending cr1 visa due to covid 19 pandemic

[Jazii 30]

As some of you may know, there is a provision in US immigration law that allows consulates around the world to reissue the expired visa if a person is unable to travel due to situations not under his control. I have read that particular provision and understand it except the line I have marked in RED below..can somebody please explain me what is the meaning of this line. The provision says as following-:

9 FAM 504.10-5(A) (U) Issuing Replacement Visa During Validity of Original Visa
a. (U) If you are satisfied that an applicant will be or was unable to use an immigrant visa (IV) during its validity period because of reasons beyond the applicant’s control and for which the applicant is not responsible then you may issue a replacement visa with the originally allocated visa number within the same fiscal year even though the visa has not yet expired. You should recall and cancel the originally-issued visa and collect once again the appropriate IV application processing fee (including the Diversity Visa Lottery Fee for a DV applicant), unless the applicant was unable to use the visa as a result of action by the U.S. Government over which the alien had no control and for which the alien was not responsible.


Now, Let us suppose my Cr1 visa expires in august and I apply for the reissue of visa at US consulate. Suppose, consulate start workimg on my case after september. Can a consulate be able to reissue visa or extend visa even after 30 september 2020. Because when we read provision "FAM 504.10-5(A) (U)", there is a line in there(marked in red above) that says something "SAME FISCAL YEAR". Does this have anything to do with my Cr1 immigrant visa if in case I need to get my visa reissued or extended?

I will really appreciate if somebody can please guide me.

[payxibka 10,044]

2 minutes ago, Jazii said:

As some of you may know, there is a provision in US immigration law that allows consulates around the world to reissue the expired visa if a person is unable to travel due to situations not under his control. I have read that particular provision and understand it except the line I have marked in RED below..can somebody please explain me what is the meaning of this line. The provision says as following-:

9 FAM 504.10-5(A) (U) Issuing Replacement Visa During Validity of Original Visa
a. (U) If you are satisfied that an applicant will be or was unable to use an immigrant visa (IV) during its validity period because of reasons beyond the applicant’s control and for which the applicant is not responsible then you may issue a replacement visa with the originally allocated visa number within the same fiscal year even though the visa has not yet expired. You should recall and cancel the originally-issued visa and collect once again the appropriate IV application processing fee (including the Diversity Visa Lottery Fee for a DV applicant), unless the applicant was unable to use the visa as a result of action by the U.S. Government over which the alien had no control and for which the alien was not responsible.


Now, Let us suppose my Cr1 visa expires in august and I apply for the reissue of visa at US consulate. Suppose, consulate start workimg on my case after september. Can a consulate be able to reissue visa or extend visa even after 30 september 2020. Because when we read provision "FAM 504.10-5(A) (U)", there is a line in there(marked in red above) that says something "SAME FISCAL YEAR". Does this have anything to do with my Cr1 immigrant visa if in case I need to get my visa reissued or extended?

I will really appreciate if somebody can please guide me.

It means nothing because because spouse visas are not subject to an allocation quota

[Jazii 30]

1 hour ago, payxibka said:

It means nothing because because spouse visas are not subject to an allocation quota

Thanks Payxibka. That was what I wanted to hear I will try to move to states ASAP before my visa expires. But, I am collecting the information so that I can prepare myself for the worst. Thanks again.

[Ryan H 3,790]

Moved from IR-1/CR-1 Progress Reports to US Embassy and Consulate Discussion.

[SCHK 0]

I'm in HK and also have a CR1 visa (expires in July); what form are you using to submit for extension/replacement? and when, based on my visa expiration date, should I file for extension/replacement?

[Jazii 30]

1 hour ago, SCHK said:

I'm in HK and also have a CR1 visa (expires in July); what form are you using to submit for extension/replacement? and when, based on my visa expiration date, should I file for extension/replacement?

Mate...I m in Melbourne Australia...I had sent an email to US consulate sydney few weeks back that its was a health risk to travel now so could u please extend or reissue my visa. They replied me that they would only consider my request once my visa gets expired. Even after that, they could still ask for the interview again. 

I dont want to get into interview process again so I booked my tickets from Melbourne to Chicago. I am going on 21st april. I hope I will reach there safely. 

[SCHK 0]

4 hours ago, Jazii said:

Mate...I m in Melbourne Australia...I had sent an email to US consulate sydney few weeks back that its was a health risk to travel now so could u please extend or reissue my visa. They replied me that they would only consider my request once my visa gets expired. Even after that, they could still ask for the interview again. 

I dont want to get into interview process again so I booked my tickets from Melbourne to Chicago. I am going on 21st april. I hope I will reach there safely. 

Thanks for letting me know. I have a baby traveling with me and I was hoping for a more progressive process.....good luck; I hope things can get better because I have to try to do the same back to New York before July....sucks....thanks again for the details

[Jazii 30]

2 hours ago, SCHK said:

Thanks for letting me know. I have a baby traveling with me and I was hoping for a more progressive process.....good luck; I hope things can get better because I have to try to do the same back to New York before July....sucks....thanks again for the details

As this is a global pandemic so I was expecting some positive response from the consulate as I thought they would understand that there is big health risk but following wasthe exact response that I got from US consulate Sydney-:

 

There are currently no special accommodations for applicants whose visas have expired or are about to expire due to being unable or not wanting to travel during COVID-19. If you are unable to immigrate to the United States during the validity period of your immigrant visa, we may be able to issue you a replacement visa (to extend the validity).

We will review your eligibility to receive a replacement visa on a case-by-case basis, but we are not able to review your case until your current visa has expired.

Please note that one of the requirements for a replacement visa is that the basis for your immigration to the United States still exists (e.g. familial relationship, U.S. job offer, etc.) If you are deemed to be eligible for a replacement visa, this would require submission of a new visa application fee, a new medical and/or Australian Federal Police certificate. Furthermore, you may be required to update Form DS-260 along with attending another interview for the replacement visa at the U.S. Consulate General, Sydney.

If you fall under a category where visa number(s) are limited each year, then an immigrant visa number was only available for your use within the month your visa was issued. There is no guarantee that visa numbers will be immediately available for your visa replacement. You may also want to review the Visa Bulletin for further information on visa number availability.

Note: Due to the limited number of visas that may be issued under the *Diversity Visa program, numbers may cease to be available even before this date.

In light of the above guidance, if you wish to apply for a replacement immigrant visa, please email us after your immigrant visa has expired. The subject line of your email should be "REPLACEMENT IMMIGRANT VISA: [Surname, Given Name]." In your email, please describe the circumstances which led to your decision to not use your visa during its validity period, as well as the purpose and desired timeline for your future immigration to the United States. We will review and respond to these requests on a case-by-case basis.

Thank you for your understanding and cooperation.

 

[stephanie918 46]

On 4/17/2020 at 5:35 PM, Jazii said:

Mate...I m in Melbourne Australia...I had sent an email to US consulate sydney few weeks back that its was a health risk to travel now so could u please extend or reissue my visa. They replied me that they would only consider my request once my visa gets expired. Even after that, they could still ask for the interview again. 

I dont want to get into interview process again so I booked my tickets from Melbourne to Chicago. I am going on 21st april. I hope I will reach there safely. 

did you get there in the end? did you get a travel exemption from Australia? we're waiting to hear back on an exemption

[Jazii 30]

14 minutes ago, stephanie918 said:

did you get there in the end? did you get a travel exemption from Australia? we're waiting to hear back on an exemption

Stephanie... I m an Indian national and was not yet a permanent resident in Australia so it was a smooth process for me to leave Australia(i did not need an exemption). Australian Immigration at Melbourne airport did not ask me any question. Even if u r a resident or citizen of Australia, it should not be hard to get an exemption if u tell the relevant authority that u r leaving permanently to live in the US. Only problem I got was that instead of going directly to Los angeles, I had to go from Melbourne to doha(qatar airways) first and then to chicago(as there were fewer flights). United airlines was still flying but only from sydney at that time. If I had gone to sydney then I would have to stay there for 11 hours(connecting flight was 11 hours later again due to fewer flights interstate). I m in the US now with my wife. Let me know if u need any more information. Good day.

[cbro 58]

On 4/17/2020 at 1:41 PM, SCHK said:

I'm in HK and also have a CR1 visa (expires in July); what form are you using to submit for extension/replacement? and when, based on my visa expiration date, should I file for extension/replacement?

in HK as well and looking to extend for my spouse.  the 3 week quarantine here would be really hard otherwise travel would be doable.  really unaccommodating here.  hope all ended up well for you!  happy new year