tonyroo

The CR-1 will not expire while you wait on the approval, the consulate just waits for it. You may have to resubmit the DS-230, but not the I-130.

I contacted USCIS and NVC asking if the CR-1 had an expiration date. NVC said contact USCIS or the embassy. USCIS had no idea. The embassy replied the next day saying the CR-1 has no expiration date and no other fees are required, only that the police record check is good for 1 year and the medical check is good for 6 months. These will need to be updated accordingly.

I will probably contact a lawyer in the Miami area in the next few days. I have done everything myself but this is a little over my head. Getting some legal advice will not hurt except the bank account. Who knows, maybe I can knock off a few months of wait time.

Was she formally removed, with a hearing? Or did she withdraw her application for admission and return home on the next available flight? When she went for her interview, her visa was denied, correct? The consulate said to send the waiver to Miami? This doesn't make sense from what I know, perhaps I am wrong. But if she was found to be imadmissable, the wavier is filed at the cosulate in her home country, not the US.

The I-212 form instructions state to submit at the local Field office at the attempted point of entry. I just do that i am instructed...

Aside from the projected wait time, is there an 'expiration date' on the still pending CR-1 visa? If it really takes a year or more to get a signature (what 'processing' takes 1 year, is it just "FIFO", the volume is that long or is everyone in South Beach ) I'm afraid the pending CR-1 will expire and I'll have to resubmit her visa application again.

Thanks

My Hungarian wife of 15 months had her CR-1 consular interview early this month. She was told to submit the I-212 form to the Miami Field Office of Port of entry that deported her last year. She was told that once the I-212 was approved, her visa would be approved. I submitted the I-212 and support material before flying to visit her last week. The reply was waiting on my return and the letter stated there is a one year processing time.

Does anyone know of any recourse I have or do I just wait? Will her CR-1 visa application expire if not approved by the embassy within a year? Is I-212 processing held at the field office or a NSC?

The entire visa application has been running smooth until now. Submitted I-130 on 09/07 and had the consular interview 13 months later. I am acting as her agent.

Background on here removal.

The checkbox marked on the Order of Removal, 212(a)(7)(A)(i)(I).

Prior to knowing her, she had been to the U.S. 3 times on a B2 visa. She extended the 2nd visit stay by 6 months with an approved I539.

We met on her 4th visit. On her 5th visit, she was denied entry due to the extended visit, even though it was approved. I guess the "system" did not know. Under questioning, she admitted to working during previous B2 visits and when asked for the reason for her current visit, she said to visit her boyfriend. This now invalidates her B2 visa.

So she was removed because she worked under a B2 visa, came to the U.S. under the wrong visa type and because the "system" did not recognize her approved extension.

Is this hopeless?