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Filed: K-1 Visa Country: Poland
Timeline
Posted

As in the title.

 

If the US citizen spouse is angry about something with their overseas spouse who is about to immigrate to the US on a marriage-based spousal visa (the one where he'll get a marriage-based green card), so much so that they want to "cancel" the visa, do they have the power or authority to do so? Such as threatening to "call immigration". As far as I know, there is no true "calling immigration". 

 

Or, if they can't stop the spouse from legally entering on that visa, can they somehow stop the green card from being issued? Or anything else that they can sabotage?

Filed: Citizen (apr) Country: Taiwan
Timeline
Posted (edited)
1 hour ago, SupraMKV said:

do they have the power or authority to do so?

Absolutely.  The US citizen spouse can, at their discretion,  revoke the I-130 and/or I-864 at any time before the visa is issued by contacting USCIS, NVC, and/or the Consulate in writing. That will terminate the case.  This is irrevocable. Once the visa is issued, it becomes more difficult as the consulate would have to void the printed visa.   If CPB or the airlines are informed, they can then stop the foreign spouse from traveling and/or entering the US. 

 

Once an immigrant spousal visa holder (CR-1 or IR-1) enters the US with a valid visa, then the visa holder automatically becomes a Green Card holder at that point.  At that point, it would be extremely difficult to get USCIS to intervene short of proof of fraud. (Remember, obtaining a spousal visa requires a great deal of bona fide marriage proof from the US citizen as well as the immigrant)

 

If the immigrant enters the US via a CR-1, then the US citizen can refuse to participate in the joint I-751....2 years later, making it difficult (but still possible) for the immigrant to obtain a 10 year Green card.

Edited by Crazy Cat

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

Filed: K-1 Visa Country: Philippines
Timeline
Posted
37 minutes ago, SupraMKV said:

As in the title.

 

If the US citizen spouse is angry about something with their overseas spouse who is about to immigrate to the US on a marriage-based spousal visa (the one where he'll get a marriage-based green card), so much so that they want to "cancel" the visa, do they have the power or authority to do so? Such as threatening to "call immigration". As far as I know, there is no true "calling immigration". 

 

Or, if they can't stop the spouse from legally entering on that visa, can they somehow stop the green card from being issued? Or anything else that they can sabotage?

Are you asking for yourself or someone else?

 

Perhaps contact the embassy?

Filed: K-1 Visa Country: Poland
Timeline
Posted
41 minutes ago, Crazy Cat said:

Absolutely.  The US citizen spouse can, at their discretion,  revoke the I-130 and/or I-864 at any time before the visa is issued by contacting USCIS, NVC, and/or the Consulate in writing. That will terminate the case.  This is irrevocable. Once the visa is issued, it becomes more difficult as the consulate would have to void the printed visa.   If CPB or the airlines are informed, they can then stop the foreign spouse from traveling and/or entering the US. 

 

Once an immigrant spousal visa holder (CR-1 or IR-1) enters the US with a valid visa, then the visa holder automatically becomes a Green Card holder at that point.  

 

If the immigrant enters the US via a CR-1, then the US citizen can refuse to participate in the joint I-751....2 years later, making it difficult (but still possible) for the immigrant to obtain a 10 year Green card.

 

The spouse abroad is coming on an immigrant visa based on a marriage of more than 2 years, so he's supposed to get a 10-year green card on arrival, not the conditional 2-year visa. 

 

The spouse abroad thinks that if they can just get into the country once, they'll be in a much stronger position than before traveling. Is this accurate?

Filed: Citizen (apr) Country: Taiwan
Timeline
Posted (edited)
27 minutes ago, SupraMKV said:

The spouse abroad thinks that if they can just get into the country once, they'll be in a much stronger position than before traveling. Is this accurate?

If the spouse abroad enters the US with a valid IR-1 visa, then he/she immediately becomes a legal resident (10 year Green Card holder) with all associated rights thereof.  But the US spouse has full discretion prior to the spousal visa being issued and entry by the foreign spouse.

Edited by Crazy Cat

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

 
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