NVC Hold or Proceed?

[Long 0]

Hi, I have several questions reguarding the CR1 process. 

 

Here is a brief overview of my background:

I'm a US expat and was assigned to work in Australia from my US employer since 2016.  My assignment will be ending at the end of this year and my company will be relocating me and my wife to Japan.  I met my wife here in Australia during my assignment and she was here in Australia on a student visa from South Korea.  We met in May 2017 and got married in March 2020.   I will be assigned to Japan for 2 years with a possibilty of extension.  My wife and I will be under the Status of Forces Agreement in Japan, however I am not a member of the US military, just a civilian contractor.

 

I have applied for I-130 for my wife and it's still in pending approval.  I did not know that I will be assigned to Japan at the time of my application.  My question is should I put it on hold at the NVC stage?  Or go through with it all the way and get the green card when I visit my family (parents and siblings) in the US? If she does receive it, will she have to apply for Re-Entry permit every year?  Or will her CR1 get revoked for living in Japan with me? I would like my wife to accompany me when I visit my family ever year.  So I'm not sure which course of action is the best for our case.  We will have an AFO/FPO address but not sure if that helps.

[pushbrk 12,113]

Hmm?  Depending on the actual circumstances at the time,I think you would be wise to hold on getting the visa until you are ready to live in the USA.  Your wife can already visit the US without a visa.

[CS_Bradshaw 55]

44 minutes ago, Long said:

Hi, I have several questions reguarding the CR1 process. 

 

Here is a brief overview of my background:

I'm a US expat and was assigned to work in Australia from my US employer since 2016.  My assignment will be ending at the end of this year and my company will be relocating me and my wife to Japan.  I met my wife here in Australia during my assignment and she was here in Australia on a student visa from South Korea.  We met in May 2017 and got married in March 2020.   I will be assigned to Japan for 2 years with a possibilty of extension.  My wife and I will be under the Status of Forces Agreement in Japan, however I am not a member of the US military, just a civilian contractor.

 

I have applied for I-130 for my wife and it's still in pending approval.  I did not know that I will be assigned to Japan at the time of my application.  My question is should I put it on hold at the NVC stage?  Or go through with it all the way and get the green card when I visit my family (parents and siblings) in the US? If she does receive it, will she have to apply for Re-Entry permit every year?  Or will her CR1 get revoked for living in Japan with me? I would like my wife to accompany me when I visit my family ever year.  So I'm not sure which course of action is the best for our case.  We will have an AFO/FPO address but not sure if that helps.

When will you be assigned to Japan? If there is a possibility of extension, then i think you might need to hold your wife visa application. Because even in the end she have the interview and got her immigrant visa, it required her to go to the US before the immigrant visa that she got from the US embassy expired. Plus after she arrive at the US, the period to get the green card is vary (1~4 months). And after she get her green card, there is no need to arrange the re-entry permit, as she already become a permanent resident of the US. Even if you want to hold at the NVC stage, it has an expiration date too. 

[Long 0]

 

54 minutes ago, pushbrk said:

Hmm?  Depending on the actual circumstances at the time,I think you would be wise to hold on getting the visa until you are ready to live in the USA.  Your wife can already visit the US without a visa.

Thanks. How long can I hold it at the NVC stage?

 

 

13 minutes ago, CS_Bradshaw said:

When will you be assigned to Japan? If there is a possibility of extension, then i think you might need to hold your wife visa application. Because even in the end she have the interview and got her immigrant visa, it required her to go to the US before the immigrant visa that she got from the US embassy expired. Plus after she arrive at the US, the period to get the green card is vary (1~4 months). And after she get her green card, there is no need to arrange the re-entry permit, as she already become a permanent resident of the US. Even if you want to hold at the NVC stage, it has an expiration date too. 

I will be assigned in November this year.  What is the expiration date at the NVC stage?  Does the I-130 Approval have an expiration as well?

 

[CS_Bradshaw 55]

3 minutes ago, Long said:

 

Thanks. How long can I hold it at the NVC stage?

 

 

I will be assigned in November this year.  What is the expiration date at the NVC stage?  Does the I-130 Approval have an expiration as well?

 

Did you apply yourI-130 recently? If yes, then it might still take some time till the approval. Don't forget to contact USCIS once you move to Japan.

 

Information that I got from my agent before is the petition (I-130) doesn't expired but if the petition got approved by USCIS and was transferred to the NVC for visa processing and you dont respond to their communication within a year, the petition may get terminated and you will need to file a new petition. At that point you might need to communicate with NVC as well.

 

From what I see and know, the process and application for US spousal visa in Japan is won't take that long. 

 

[pushbrk 12,113]

1 hour ago, Long said:

 

Thanks. How long can I hold it at the NVC stage?

 

 

I will be assigned in November this year.  What is the expiration date at the NVC stage?  Does the I-130 Approval have an expiration as well?

 

You must remain in contact with NVC at least once a year to keep the case file there.

 

There is no expiration of an I-130 approval.