DLL66

Hey DLL....

You are out of your mind to even consider letting the visa expire and start over. Just get her here for a short time to get her passport stamped, and all she has to do is to show the CBP agent at the airport a copy of your marriage license and she will get the IR-1 visa--no problem at all.

Once she has the I-551 stamp in her passport, she can immediately travel worldwide with no complications other than staying away too long as mentioned above.

This is not complicated--REALLY !!

Trust me, I feel like I'm out of my mind by letting it expire after all the work that I put in to it and starting all over but I'm also looking at the finances of taking the entire family to the states on what I would call a "Visa Run". I'm going to need to buy 4 round trip tickets from Bangkok to Chicago, rent a car, hotel, etc.... I don't live in the states so I don't really have anything there and mt family support system has changed...

I'm honestly just trying to explore my options, if I start all over with an IR1 application it should take about a year and give me the cushion I need, and would also be much cheaper...

If she is issued the I-551 stamp does that mean her conditional status is lifted? Could I fly in to any US Airport and get this accomplished or would I be questioned by not going to my home state?

Please keep the comments coming, this is what I need to hear!

Change can to can not in the post above and all is well. I would go for option 1. How long will you have been married when she enters the USA under option 1? If more than two years married on the entry date, she'll be entitled to IR1 status and a ten year card even if the visa says CR1.

Thanks for the reply's

1) Pushbrk, can you explain to me what you mean that she "Can Not" immediately leave the country? I can't fine anything in writing stating this. If she doeas turn around and leave no one will even check her passport for entry stamps/Green Card etc....

2)NavyK, I just took a quick look at the reentry permit application and as with most forms it's very confusing. first of all it's about $400.00 for the permit, and it states that you need to file for it while you are in the states but it can be sent to an over seas Embassy for pick up. It also states that "you may be required" to give bio metric data and if you are not in the states to do this then you may be denied.

3) Pushbrk, We will be married for over two years when we arrive, would we need to file a form or inform someone to get her status changed to IR-1?

Does anyone know the current timeline for a new IR1 application in Thailand?

Thanks

Most people who post here are trying to get their Visa’s as quickly as

possible to be reunited with their loved ones; my posts always seem to

be the exact opposite!

Here’s my situation. My wife’s CR1 visa has been approved, her final

interview was last March (2011) and we are planning on picking it up

in February 2012 and traveling 6 months later before it expires.

We purposely put it off as long as possible due to my work situation

and our young children. They are better off in Thailand now instead of

packing up for a new life in the states.

To make a long story short our situation has changed again, we had a

support system in place (family) in the states that could help my

Family temporarily settle so I can continue my work for approx 8

months , but that may not work out now.

Here are the options that I believe are available:

1)Take the wife and two kids on a short two week vacation to the

states to get her passport stamped and green card started. I really do

not want to do this and to be honest I’m not even sure if it’s legal

or if I’ll need to ask permission for her to leave again. FYI, my

Children have dual citizenship so they are not an issue. This will be

much more expensive then option 2.

2)Contact the Embassy and or relevant agencies, explain the

situation, cancel the Visa and start all over. I would also apply for

an IR-1 This time instead of the CR-1, I think this is the better

option

I’m assuming that the second time around would be much easier

considering that we have already been approved once, have two kids and

will be married over two years.

I would really appreciate any advice or ideas that you might have and

if you’re a lawyer in Bangkok or Pattaya (Thailand) feel free to contact me via PM or

just post so I can contact you

Thanks!

I just wanted to follow up on this.

The Embassy has always been good about answering my questions pretty fast and they did so on these questions also.

When i asked about rescheduling my appointment they responded that we should just come in as scheduled and that if approved we can request to have the case put on hold until she is ready to travel. I asked how long we can put it on hold and they replied possibly up to a year.

If this does work out it will be great for our situation. I wish that I could have some answers that were more clear or find some policy in writing but I have searched and had no luck finding the policy. It could be consulate specific or up to their discretion.

Either way they have been pretty accommodating so far. I will post again later after the appointment.

Thanks For The Help Guys!

We went to the Embassy on our scheduled date and everything went great! She was approved for the visa on the spot, she explained our situation and they basically said "No Problem". We just need to return with in the next year with new police certificate and medical check up because they are both expiring.

They will then issue the visa and give us 6 months to use it.

All in All it was a very simple process.

I hope that this helps some one else!

I just wanted to follow up on this.

The Embassy has always been good about answering my questions pretty fast and they did so on these questions also.

When i asked about rescheduling my appointment they responded that we should just come in as scheduled and that if approved we can request to have the case put on hold until she is ready to travel. I asked how long we can put it on hold and they replied possibly up to a year.

If this does work out it will be great for our situation. I wish that I could have some answers that were more clear or find some policy in writing but I have searched and had no luck finding the policy. It could be consulate specific or up to their discretion.

Either way they have been pretty accommodating so far. I will post again later after the appointment.

Thanks For The Help Guys!

You can ask for the interview to be delayed, up to 1 year from casefile arriving at the Embassy.

THEN

after interview day - USUALLY there is 6 months validity on the VISA, to COME INTO THE USA.

Police reports and Medical exam have 1 year validity from issuance date to interview date - so plan accordingly.

That is excellent info and news! Thank You!

If the embassy confirms this to be true then I will just delay it for 10 months or so.

Thank You again!

Where did you end up going to get it back? Did they give you anything in writing to prevent the same thing from happening next time? If you can provide a bit more detail I think others can learn from your experience, in the event the same situation happens to them.

I just realized that I never followed up on this, Sorry!

We had to go to our local DHS office, gave them our report/receipt that we were given when the passport was taken, waited about 20 minutes and were handed the passport with no explanation at all! I checked, asked the officer if everything was in order, he said fine and we just left!

It was their mistake, I didn't bother to complain because I knew that they couldn't change what happened and an apology wouldn't help things or be offered!

I hope that this thread helps somebody if they find them selves in a similar situation.

I just wanted to follow up. I've sent an email directly to the Embassy with my questions concerning either rescheduling the Interview or extending the validity of the Cr1. I will post again when I have a response.

If anyone has any info on the expiration of documents I would like to hear it. I've done a search and had no luck!

Thank You Again

DCF means Direct Consular Filing. It is for USC living abroad and have been in that country for at least 6 months. That way when you file, you do not need to go through USCIS but the Consular office directly. You should contact the embassy for a change in interview date. Also, the K-3 visa allows for multiple entry. With your K-3 visa you can travel in and out of the country without restrictions You would ultimately need to consider your cost. Since you are both already in the states together, you can file for your other documents and compare the cost and time to paying for her to fly back for the CR-1 interview. Here is a link for the comparison. http://www.visajourney.com/content/compare

Thank You Tero.

I didn't use DCF. The notice that I received is from the NVC.

My wife and daughter are in Thailand now and I'm in Iraq. The cost is definitely an issue but her health is even a bigger issue, with a new baby coming and an almost 2 year old already the traveling will be a nightmare!

I did a little more searching (should have done that first!). I will post the links to what I found at the bottom of this post, they are just links to this very forum. There's a lot of knowledgeable people here!

It looks like I can request to have the interview moved to a later date and might be able to have the Visa extended. But before I try I have another question:

Will her medical and other docs expire at a certain time? I remember that when I sent in the Affidavit of support I was told that I had one year to act or the case would be dropped. That one year is up in Approx. April of this year.

1) I submitted the affidavit of support in approx. April 2010

2) She did her medical twice already due to delays in processing. The second time was approx. Feb. of 2010 when the K3 was issued.

3) Her police clearance was issued approx. July 2010

Thank You Again!

Visa Journey Link 1

Visa Journey Link2

Yeah, you have 6 months to use the visa, and if the IO is really nice, sometimes they will push it back further for you (up to 3 months I think). Either way, 1.5 years is waaay longer than they will let you use it.

Did you guys use DCF?

What is DCF?

I wonder if I should contact the Embassy and have the interview changed?

Thanks!

The visa is good for 6 months, so you do not have to use it right away. You can as well ask for the interview to be pushed forward to a later date. But I do not understand the K-1 and the CR-1. Was it a K-3 you meant instead of the K-1?

OOps,Yes, It is a K-3.

6 Months is not good. I can't travel with her. This complicates things! If she does go to the states then what is the next step? Will she need to send her passport in to get her green card? When will she be able to leave again?

We have a business in Thailand. I guess I should have planned better but I really didn't think it would happen this fast!

Thanks for the help everyone.

Hi!

I submitted my wifes final packet the first week of January and surprisingly received an email today with an interview date for the second week of March.

Normally this would be great news but I expected it to be much longer and she will not be ready to travel any time soon. We have a 1.5 year old daughter and she is 2 months pregnant right now.

The notification states that all documents have been received and if all goes well she will need to return in a few days to get her passport and visa.

So my question is if she is approved how much time will we have before she needs to travel or with the CR-1 is she not required to travel right away?I'm hoping that there is a large window or I can ask for an extension.

Back Ground info:

1) She was issued a K-1 last year and has been to the states already but is taking the CR-1 interview in Bangkok

2) I'm working in the middle East and we all planned to go to the states together in about 1.5 years

Thank You!

police clearance certificate usually good for up to 1 year past the issuance date.

also, since is 2 casefiles, the prior police clearance report is NOT stored at the Embassy, it travels with the first casefile, almost impossible to be retrieved for interview day.

You'll need another one. The Embassy is closed on Monday, is USA Federal Holiday (in case you really wish to call )

This is exactly what I think happened. I bet that the original was in the packet that she carried with her to the states.

Thanks for the help!

When was the PC issued?

Why are you doing CR-1 after K-3? What will you do if the CR-1 is denied? You already have a valid visa for her to be here.

She used the K-3 to go to the states, it's a 2 year multiple entry visa. The CR-1 is for a green card. We are not in the states any more so the CR-1 is the next step.

I tried searching because I'm sure it's been asked before but had no luck. We submitted a police certificate for my wifes K-3 Visa which has already been approved. The original was never returned to us and now I need another one to submit the final application for the CR1 visa. Does this sound correct?

She is in Thailand and called Bangkok today and was told that she needed a document from the Embassy requesting the certificate! I'm going to try and call the visa processing center on Monday but was hoping some one here could give me some advise.

Thank You!

I traveled with my wife from Thailand and the airlines inspected her visa and that the envelope was sealed before giving her a boarding pass!

What happens to the envelope that they turn in at the border? Is it supposed to be returned?

Thanks

My last post was way off! I thought that I was ahead of the game but I actually have more things to do. Here is where I’m at:

1) This week I paid my AOS fee online and received a confirmation Email with choice of agent form.

2) I sent in the choice of agent form via email (thanks for the great shortcut WIKI!) and received a confirmation email that it was accepted.

3) I then paid the iv fee online

I can’t find a lot of info on the site for my particular case so if you don’t mind I have a few more questions.

1) I want to send in my AOS this week. On the NVC pay site my payment is still “In Process”. When that status changes will I be able to print out a receipt to send with the AOS?

2) After I send the AOS I want to send my DS230. I do not have all of the original documents with me. They were all turned in with the K3 application (Yes, I have copys), do these stay with my file or do they need to be turned in again?

Thanks for all the help!

Thanks for all the reply's. We got the passport back already. It was a mistake on their part. Hopefully some one else can learn from my experience.

The thing you do in Thailand is to obtain the immigrant spouse visa. Then the next time she enters the USA the status will be triggered and the green card produced and mailed. Contact the National Visa center when you're ready and continue the processing of your I-130 petition.

Thank You. I'm going to call them on Monday..

Is your 130 approved?

When/if it is approved, you will receive a NOA informing you of such decision. You will want to call NVC as soon as approval and request your NVC # AND ALSO Identification Number for online access to make payments to NVC. NVC may not issue you the ID number immediately, and email to you instead. Soon after that ( 7-21 days ), NVC will send you a package consisting of DS 3032 for selection of agent and bill for affidavit of support.

I chose to send the ds 3032 by regular mail to NVC and made payments online. From that point on, you can follow the procedures at your own pace.

Pay for AOS online

Pay for IV bill online

Send AOS to NVC

Send DS 230 to NVC

When both are approved, NVC will schedule an appt for interview for CR1/IR1 visa at the Bankok embassy.

Yes, it's that easy!

The only difference between doing the 130 route after receiving a K3 visa and the adjustment of status route is that if you decide to adjust status you will need to notify NVC of your intent to adjust status. Otherwise, if your intention is to follow through with 130, just follow the steps outlined above.

Wow, Thanks for all the help! I've actually done everything you mentioned above but I think that I need to call the NVC on Monday and tell them that I want to do. The 130 was approved last year and I also paid for the AOS and submitted all the forms. I will post what my out come is later.

Thank You!

My wife and I both live in Cambodia now. We have had her K3 for over a year. I continued our I 130 petition throughout this time and have recently activated it for a CR1, we have just past our two year anniversary. So my intention is to apply for the cR1 and receive a greencard/social security card after arrival the next time we enter the U.S.

We did not want to adjust status in the U.S. for one of several reasons:

1. we both are living/working in Cambodia.

2. k3 got here into the U.S. faster ( at that time )

3. K3 had multiple entry privilege for two years without having to apply for re-entry permit, etc..

4. We had the I 130 approved simultaneously.

5. The cost to adjust in the U.S. $1030.

6. The cost for 130 process $470

7. Medical checkup and other fees are much lower in Cambodia

If this situation matches you, it's not a bad idea to proceed with I 130 while in thailand.

This sounds like exactly what I want to do. What I don't understand is what's the next step? How do I continue with just the I 1-30 when we return to Thailand?

Thanks for all the help!

My wife's K3 says the same thing. They let her in fine. However, her I 94 was only valid for 12 months on first entry. We even went to get her a drivers license on her first visit, over a year ago.

We have reentered the U.S. three times since. and everything was fine. We entered Chicago POE.

Sounds to me you have a rookie CBP. When we were asked why the visa says the application expires on xx/xx/xxxx we told the CBP that of course it expires because the visa is approved. After some checking, everything was good and my wife's passport had no problem.

THEY REALLY SHOULD TAKE OUT THE STUPID PETITION EXPIRATION DATE. It confuses the confused.

I told them the same exact thing and they just shrugged! The Embassy confirmed today that the visa is still good for two years. Now I just have to get the passport back.....

Thanks For The Reply!

It sounds like someone made a mistake (CBP I mean).

I'm hoping that you are right! They really didn't seem to know what a K3 visa was, they asked if we were married!