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My wife got a divorce 5 months now and we just got married a month now and she went back to usa . Can she apply for me there so i can come live with her or she have to wait a year to do so Because i heard that she have to wait for a year to pass since the previous marriage. before she can apply to bring her current husband to the state
First of all, mods please move this if it's not in the right place. This is sort of piggy-backing on an earlier thread that I made, but that one wandered and got scattered a bit and hopefully this one gets straight to the point. I'm trying to fully understand exactly what the rules are and who has the ability to change them and by what mechanisms. I'm coming from the perspective of a CR1/IR1 petitioner but the "rules" I'm speaking of may apply to anyone getting a visa through a consular process - that is an interview/biometrics/visa execution at a U.S. consulate in their home country. What I think I understand so far: The INA (Immigration and Nationality Act) is the legal U.S. code that lays out all the immigration stuff - how many visas issued, how they're issued, eligibility, etc. Found here. INA 221 and 222 talk about application for and issuance of visas, and about consular interviews. The INA references "regulations," which turn out to be the Code of Federal Regulations, CFR, found here. Section 42.62 mandates the personal appearance of the visa applicant in front of a consular officer. Furthermore, the Foreign Affairs Manual, FAM, section 504 gives the guidelines for the consular officer to conduct the interview. Up to this point, please correct me if I've gotten anything wrong. What I'm interested in is changing some of that language. I don't believe it should be necessary, in the modern climate with modern technology and a pandemic, to require all applicants to appear personally. Some provision should be made for remote interviews (such as Zoom), at least for some applicants (those without any flags for example). The backlog at the consulates is half a million people, or years' worth at some consulates. And it's getting longer. The reason I'm trying to understand is because when I go to congress people and say "fix this," I'm infinitely more likely to get a result if I tell them exactly what the problem is, what they need to do, and how they need to do it, than if I leave that all up to them to figure out. So my questions, finally: Are all these things (INA, CFR, and FAM) laws that Congress must change? Or are some of them internal agency policies, or something else? If they aren't up to Congress, who would be able to change them? Secretary of state? President? Other? What's the procedure by which these laws/policies/other would need to be changed? Am I missing anything else? I know there are biometrics involved that can't be done over Zoom, but it seems like the interview is the main bottleneck so that's what I'm focusing on for now.