CR-1 visa

[dnoblett]

Has anyone seen this situation before: CR-1 visa put on hold for reasons I've detailed above, but visitor visa denied because of the CR-1 nature? My wife had a B1-2 visa previously for business, so chances might be good (I hope?) If we end up staying in China for two more years, would this endanger the current CR-1 status, or would we need to apply again (with the additional charges involved?) Thanks again!

Should be applying for a visa fairly shortly before a permanent move to the USA, if you got one now and not plan on permanently moving to the USA for at least 2 years, you may as well abandon the petition and file again 2 years from now with additional charges.

 

Also note visa type after 2 years of marriage is IR-1 with no conditional resident status.

 

One other note: If you were to get a CR-1 visa then us it getting a 2 year conditional green-card you will then have to file an I-751 within 90 days prior to the 2 year card's expiration at additional cost. If you were to drop the petition now and then refile later and get an IR-1 visa there would be no removal of conditions down the road, probably a wash for fees, if you have not paid the DS-230 fee to the consulate.

 

I-751 fee $590

I-130 fee $420

[Randy W]

You CAN put the petition on hold, but only for one year. The visitor's visas will be something of a crap-shoot, although you MIGHT improve the odds by telling them to cancel the pending I-130 and letting them know exactly what your situation is.

.

[sammysensei]

Hi Guys,

 

I'd like to revisit this subject, as we're getting close now to the invitation for interview. To catch up a bit: I ended up suspending the process until we jumped back to the US for a visit (thanks for the feedback!). Now continuing, anticipating the interview invitation in the next month or so. Still CR-1.

 

Our two year anniversary will be Feb 24. The question is this: we're considering leaving this coming November. How much would we really save by staying in Beijing through February before leaving for the US? Would it be worth the bother to stay the extra months to ensure easy transition to the 10 year green card?

 

DS-230 already paid.

 

Thanks in advance!

[Randy W]

Hi Guys,

 

I'd like to revisit this subject, as we're getting close now to the invitation for interview. To catch up a bit: I ended up suspending the process until we jumped back to the US for a visit (thanks for the feedback!). Now continuing, anticipating the interview invitation in the next month or so. Still CR-1.

 

Our two year anniversary will be Feb 24. The question is this: we're considering leaving this coming November. How much would we really save by staying in Beijing through February before leaving for the US? Would it be worth the bother to stay the extra months to ensure easy transition to the 10 year green card?

 

DS-230 already paid.

 

Thanks in advance!

 

 

You're talking about the fees associated with an application for Adjustment of Status. That's a trade-off between a few hundred dollars, another round of paperwork and a potential interview, and a few months of your life in China vs. the U.S.

 

Your choice.

[dan1984]

 

Hi Guys,

 

I'd like to revisit this subject, as we're getting close now to the invitation for interview. To catch up a bit: I ended up suspending the process until we jumped back to the US for a visit (thanks for the feedback!). Now continuing, anticipating the interview invitation in the next month or so. Still CR-1.

 

Our two year anniversary will be Feb 24. The question is this: we're considering leaving this coming November. How much would we really save by staying in Beijing through February before leaving for the US? Would it be worth the bother to stay the extra months to ensure easy transition to the 10 year green card?

 

DS-230 already paid.

 

Thanks in advance!

 

 

You're talking about the fees associated with an application for Adjustment of Status. That's a trade-off between a few hundred dollars, another round of paperwork and a potential interview, and a few months of your life in China vs. the U.S.

 

Your choice.

 

 

If it were me, staying in China through February would be worth it, unless there are extenuating circumstances (job related, etc). Staying here through February, in addition to saving some "visa related" grief and another round of paperwork, would allow you to have a few final months of time to enjoy China, spend the Chinese New Year with your better half's family, etc.

[tsap seui]

Hi Guys,

 

I'd like to revisit this subject, as we're getting close now to the invitation for interview. To catch up a bit: I ended up suspending the process until we jumped back to the US for a visit (thanks for the feedback!). Now continuing, anticipating the interview invitation in the next month or so. Still CR-1.

 

Our two year anniversary will be Feb 24. The question is this: we're considering leaving this coming November. How much would we really save by staying in Beijing through February before leaving for the US? Would it be worth the bother to stay the extra months to ensure easy transition to the 10 year green card?

 

DS-230 already paid.

 

Thanks in advance!

If it were me,, and I did do this to get the 10 year green card in our case, since you haven't gotten the invitation letter yet I'd request an interview date that put your wife into the 6 month time period to use the "granted" visa, so that you can get the 10 year instead of 2 year card. If you get the invitation letter before you make the request date, then simply postpone the interview and request a later date that fits within the visa use timeline to go from CR-1 to IR-1 when your wife enters her POE.

 

You can read the hassle's some people run into with trying to get the ten year card. I'd do anything to get the 10 year card, especially since you're only talking 3 months later for going to America.

 

In our case I waited months to send in our second application, then changed the interview date when it was going to throw off our 10 year card timeline. The consulate gave us the later date I requested with no problem. Dan knows the dollar figure you save with the 10 year card, but beside saving money, you can save a ton of stress and be done with the government crap with that 10 year card.....well worth it, man. VERY well worth it.

 

tsap seui

[dnoblett]

Hi Guys,

 

I'd like to revisit this subject, as we're getting close now to the invitation for interview. To catch up a bit: I ended up suspending the process until we jumped back to the US for a visit (thanks for the feedback!). Now continuing, anticipating the interview invitation in the next month or so. Still CR-1.

 

Our two year anniversary will be Feb 24. The question is this: we're considering leaving this coming November. How much would we really save by staying in Beijing through February before leaving for the US? Would it be worth the bother to stay the extra months to ensure easy transition to the 10 year green card?

 

DS-230 already paid.

 

Thanks in advance!

I would set a later visa interview date, and delay entry to the USA until after 2 years of marriage.

 

Note you can have a CR-1 visa when arriving in the USA however if arrival happens after 2 years of marriage the POE will code the green card IR-1 and resulting Green card will be 10 year, when arriving show POE your marriage cert, if they fail to do this and you get a 2 year card, visit your field office with marriage cert and the incorrect card, point out issue date on card is after two years of marriage and they should correct it.

 

If you come before 2 years of marriage, the resulting green-card will be a 2 year one requiring additional paperwork 2 years down the road to remove the conditions. I-751 = $590 another trip to a field office or ASC to get fingerprints done, and lots of evidence showing living together since arriving in the states, and another potential interview.

[sammysensei]

Hi Everybody,

 

Thanks for all the info. Still thinking about this, have some extenuating family circumstances that might have me jump back Stateside rather sooner than later. It does seem to make sense from both a financial and paperwork standpoint to stay the extra three months. Thanks again for the feedback.

[dan1984]

Hi Everybody,

 

Thanks for all the info. Still thinking about this, have some extenuating family circumstances that might have me jump back Stateside rather sooner than later. It does seem to make sense from both a financial and paperwork standpoint to stay the extra three months. Thanks again for the feedback.

 

Perhaps you could first return to the States and take care of your extenuating circumstances, prepare things, etc., and then your wife come a few months later.......?

[dnoblett]

 

Hi Everybody,

 

Thanks for all the info. Still thinking about this, have some extenuating family circumstances that might have me jump back Stateside rather sooner than later. It does seem to make sense from both a financial and paperwork standpoint to stay the extra three months. Thanks again for the feedback.

 

Perhaps you could first return to the States and take care of your extenuating circumstances, prepare things, etc., and then your wife come a few months later.......?

 

Exactly, you do not have to travel at same time as spouse, immigrant spouse can travel after US Citizen, the key is to use the visa after 2 years of marriage.