NVC Stage Options

[HelloWorld7 0]

Hello All,

 

We are in a bit of a pickle and would appreciate any sound advice.

 

My wife (USC) is currently pregnant, and my IR-1 application is currently pending at NVC (submitted in Jan '22, all documents accepted in April, but hit with an RFE for W-2's we do not have, submitted a letter to explain why and got pushed back to the start of the queue).

 

She will be moving back to the US this month with her due date by mid July.

 

What options do I have to be able to be with her?

 

1- I have a B-2 visa that is still valid, however my major concern is being refused entry on arrival. Would the refusal affect the IR-1 process? My sole intent is to be with my wife and to witness the birth of our child. I will be returning back to my place of residence until the IR-1 visa is ready.

2- Filing for an expedite, long shot given the previous threads on this forum.

3- My wife stays with me and we wait for the IR-1 visa. Thing is, our child would not be eligible for CRBA. How would we go about applying for an immigrant visa for him?

 

Any other options/suggestions would be appreciated.

[XinD 1]

33 minutes ago, HelloWorld7 said:

Hello All,

 

We are in a bit of a pickle and would appreciate any sound advice.

 

My wife (USC) is currently pregnant, and my IR-1 application is currently pending at NVC (submitted in Jan '22, all documents accepted in April, but hit with an RFE for W-2's we do not have, submitted a letter to explain why and got pushed back to the start of the queue).

 

She will be moving back to the US this month with her due date by mid July.

 

What options do I have to be able to be with her?

 

1- I have a B-2 visa that is still valid, however my major concern is being refused entry on arrival. Would the refusal affect the IR-1 process? My sole intent is to be with my wife and to witness the birth of our child. I will be returning back to my place of residence until the IR-1 visa is ready.

2- Filing for an expedite, long shot given the previous threads on this forum.

3- My wife stays with me and we wait for the IR-1 visa. Thing is, our child would not be eligible for CRBA. How would we go about applying for an immigrant visa for him?

 

Any other options/suggestions would be appreciated.

According to my shallow knowledge, 1. Only the officer you meet at the airport can decide, what you can do is full preparation, the risk can be reduced but never reach 0; 2. I also want to learn this part, I'm at late pregnancy too; 3. Why can't? We are going to do CRBA too

[aaron2020 11,651]

1.  Depends.  If you are refused entry, it's unlikely to affect your IR-1.  If you get expedited removal for being an intending immigrant, you could end up with a ban - a slim possibility but not a risk to be ignored.  

 

2.  Pregnancy is not a reason for an expedite.  Read the pinned post on VJ.

 

3.  Same as how your wife filed for you.

You have a hard choice.  Unfortunately, separation is part of the immigration process.  

[Family 4,025]

WHEN/ IF you are questioned or put into secondary, just state your facts as outlined . Since your case was correctly filed for Consular Process and you have no intention of anything other than a short visit , just hold your own. If there is any indication that Officer  is in doubt, then ask to WITHDRAW your request for admission, get a copy and you will NOT be affected at IV . 
 

ALL that said, you should have a return ticket and perhaps take a different flight than your very pregnant wife . 
 

[Redro 4,611]

6 hours ago, HelloWorld7 said:

Hello All,

 

We are in a bit of a pickle and would appreciate any sound advice.

 

My wife (USC) is currently pregnant, and my IR-1 application is currently pending at NVC (submitted in Jan '22, all documents accepted in April, but hit with an RFE for W-2's we do not have, submitted a letter to explain why and got pushed back to the start of the queue).

 

She will be moving back to the US this month with her due date by mid July.

 

What options do I have to be able to be with her?

 

1- I have a B-2 visa that is still valid, however my major concern is being refused entry on arrival. Would the refusal affect the IR-1 process? My sole intent is to be with my wife and to witness the birth of our child. I will be returning back to my place of residence until the IR-1 visa is ready.

2- Filing for an expedite, long shot given the previous threads on this forum.

3- My wife stays with me and we wait for the IR-1 visa. Thing is, our child would not be eligible for CRBA. How would we go about applying for an immigrant visa for him?

 

Any other options/suggestions would be appreciated.

Which country are you from? Can you please fill out your profile and timeline. 

 

When do you plan to fly to the US? The timing isn't great for you as you might get DQ'ed around your wife's due date and if you are at one of the consulates with no backlog you might be scheduled for an interview very soon after. 

 

To be safe you might want to miss the birth of your child. Sometimes people are allowed to withdraw their entry to the US and they aren't hit by a ban. But, in other cases people receive a ban and have to apply for a waiver (which adds a lot of expense and another +/- 12 months of waiting) before visa is hopefully issued. 

[Chancy 6,241]

*** Moved from IR1/CR1 Progress Reports to IR1/CR1 Process & Procedures ***