CR-1 Questions

[Cool Rob 0]

Hello everyone, I'm trying to make sure I understand this process properly. So I'll provide a quick background on my situation. My Wife and I were married in the US in April 2007. We filed an I-130 and I-485 through an attorney. The I-130 was approved and the I-485 was denied. As a result of the I-485 being denied, my wife is going back to Thailand next month to avoid overstaying.

Now, do we just simply wait until I receive NOA 2 on the I-130? Does anything else need to be filed in the meantime?

On line 19 of the I-130 it has her address in Thailand. Will the Bangkok Embassy use this address to contact her?

I want to get her back in the US as soon as possible. I've been told that it would be quicker to get a CR-1 Visa for her, instead of going the K-3 route (was told about 3-4 months for a CR-1, as opposed to 7-8 months for a K-3 plus the processing time for I-864). This conflicts with a lot of info I've read on this site, but recently I've seen where people stated the USCIS asked them to switch to a CR-1 from a K-3. So I'm hoping we'll be better off with the CR-1.

Any advice or info would be greatly appreciated.

[N360 0]

Hello everyone, I'm trying to make sure I understand this process properly. So I'll provide a quick background on my situation. My Wife and I were married in the US in April 2007. We filed an I-130 and I-485 through an attorney. The I-130 was approved and the I-485 was denied. As a result of the I-485 being denied, my wife is going back to Thailand next month to avoid overstaying.

Now, do we just simply wait until I receive NOA 2 on the I-130? Does anything else need to be filed in the meantime?

On line 19 of the I-130 it has her address in Thailand. Will the Bangkok Embassy use this address to contact her?

I want to get her back in the US as soon as possible. I've been told that it would be quicker to get a CR-1 Visa for her, instead of going the K-3 route (was told about 3-4 months for a CR-1, as opposed to 7-8 months for a K-3 plus the processing time for I-864). This conflicts with a lot of info I've read on this site, but recently I've seen where people stated the USCIS asked them to switch to a CR-1 from a K-3. So I'm hoping we'll be better off with the CR-1.

Any advice or info would be greatly appreciated.

I'm not sure exactly when but at some point, USCIS stopped charging people for I-129. Ever since, USCIS has a habit of cancelling or "administratively closing" I-129 petitions as soon as their I-130s got approved.

This is exactly what happened to me. And if Ihad to do it all over again, I wouldnt have filed my I-129 because it held up my I-130 petition.

Also your timeline of 3-4 months for a CR1 is very aggressive. Its more like 6 to 12 months.

Edited February 16, 2008 by NoelandTintin

[calamitka 0]

May I ask if are you US citizen or LPR ? Because cancelling I-485 sounds very suspicius for me.

[N360 0]

May I ask if are you US citizen or LPR ? Because cancelling I-485 sounds very suspicius for me.

I'm a USC.

Oops! sorry Calamitka. I edited this post coz I just realized the question wasnt for me.

Edited February 16, 2008 by NoelandTintin

[maggieNomar 0]

May I ask if are you US citizen or LPR ? Because cancelling I-485 sounds very suspicius for me.

I'm a USC.

Oops! sorry Calamitka. I edited this post coz I just realized the question wasnt for me.

Does the wife have to go back? Are you planning to appeal? The reason I ask is i know of another couple on VJ who have a denied 485 and they just appealed the denial and he is still here, with no intentions of going back or talk of an overstay..

[calamitka 0]

May I ask if are you US citizen or LPR ? Because cancelling I-485 sounds very suspicius for me.

I'm a USC.

Oops! sorry Calamitka. I edited this post coz I just realized the question wasnt for me.

I really like you for this.

COOL ROB if you are citizen try learn ASAP -tomorrow!!! the reason of I-485 denial. Schedule INFOPASS appointment, call the lawyer, before your wife will leave. Or try apply for extension on her present visa. Is she on B2?

[Cool Rob 0]

Also your timeline of 3-4 months for a CR1 is very aggressive. Its more like 6 to 12 months.

I hope it doesn't take up to 12 months. I called a couple lawyers in Bangkok and one of them (Brian Wright) is the one who suggested we get a CR-1 and said it would only take 3-4 months.

COOL ROB if you are citizen try learn ASAP -tomorrow!!! the reason of I-485 denial. Schedule INFOPASS appointment, call the lawyer, before your wife will leave. Or try apply for extension on her present visa. Is she on B2?

Yes, I'm a USC. The I-485 was denied because my wife entered the country on a C1/D (crewman) visa, so there is no reason for us to appeal it (our lawyer should have known better). She also has a B2, but the letter from USCIS gave her 45 days to leave or be subject to removal proceedings (they also took her I-94 at the interview). So we don't want to take any chances of her overstaying or getting barred from entering the US.

[calamitka 0]

Yes crewman visa is a subject of denial for I-485 I don't know about appeals on this. Maybe someone here will help you about.

On this forum I learn not to trust on ALL attorneys so much.

Anyway from MY understanding:

for CR/IR route

now USCIS holds your approved I-130 and to move it to NVC stage you will need asap fill form-Action on Approved Petition(I-864?)it will take up to 6 m and then, the NVC processing 2-5 m and the time at embassy wating for the interview approximately 1-5m it really depends on embassy.

K3 route

To approve I-129 petition- apx 6 months, NVC 1-3 weeks, and embassy again

...and a long process of adjusting status while in usa

Here on VJ we are concern if all K3' submitted after 30 july are still vital, your situation is different though. I'm example of canceling K3 when I-130 approved.

I don't know if it's OK but I woud submit Action on Approved Petition(I-864 ?) AND I-129(K3)and wait whichever goes first.

Wish you luck

[Cool Rob 0]

Yes crewman visa is a subject of denial for I-485 I don't know about appeals on this. Maybe someone here will help you about.

On this forum I learn not to trust on ALL attorneys so much.

Anyway from MY understanding:

for CR/IR route

now USCIS holds your approved I-130 and to move it to NVC stage you will need asap fill form-Action on Approved Petition(I-864?)it will take up to 6 m and then, the NVC processing 2-5 m and the time at embassy wating for the interview approximately 1-5m it really depends on embassy.

K3 route

To approve I-129 petition- apx 6 months, NVC 1-3 weeks, and embassy again

...and a long process of adjusting status while in usa

Here on VJ we are concern if all K3' submitted after 30 july are still vital, your situation is different though. I'm example of canceling K3 when I-130 approved.

I don't know if it's OK but I woud submit Action on Approved Petition(I-864 ?) AND I-129(K3)and wait whichever goes first.

Wish you luck

Thanks for the response. I know what you mean about not trusting attorneys. I just want to get our original I-130 approval from the local attorney because he has no clue. Keeps telling me he wants to file the I-129F at the Bangkok Embassy and everything I read says this isn't possible, yet he's been carrying on about it for 3 weeks now. Then the attorneys in BKK are telling me two different things. Sheesh, I'll be glad when it's all finished.

If we can file for both CR-1 and K-3 that would be great, but I don't want to cause any confusion with them. I just want my wife back here soon and I have no problem waiting for AOS while she is here with me. I wish there were more time lines for Bangkok so I could get a better idea of the time for CR-1's in the past few months.

Thanks for your response!

[calamitka 0]

Yes crewman visa is a subject of denial for I-485 I don't know about appeals on this. Maybe someone here will help you about.

On this forum I learn not to trust on ALL attorneys so much.

Anyway from MY understanding:

for CR/IR route

now USCIS holds your approved I-130 and to move it to NVC stage you will need asap fill form-Action on Approved Petition(I-824)it will take up to 6 m and then, the NVC processing 2-5 m and the time at embassy wating for the interview approximately 1-5m it really depends on embassy.

K3 route

To approve I-129 petition- apx 6 months, NVC 1-3 weeks, and embassy again

...and a long process of adjusting status while in usa

Here on VJ we are concern if all K3' submitted after 30 july are still vital, your situation is different though. I'm example of canceling K3 when I-130 approved.

I don't know if it's OK but I woud submit Action on Approved Petition(I-824) AND I-129(K3)and wait whichever goes first.

Wish you luck

Thanks for the response. I know what you mean about not trusting attorneys. I just want to get our original I-130 approval from the local attorney because he has no clue. Keeps telling me he wants to file the I-129F at the Bangkok Embassy and everything I read says this isn't possible, yet he's been carrying on about it for 3 weeks now. Then the attorneys in BKK are telling me two different things. Sheesh, I'll be glad when it's all finished.

If we can file for both CR-1 and K-3 that would be great, but I don't want to cause any confusion with them. I just want my wife back here soon and I have no problem waiting for AOS while she is here with me. I wish there were more time lines for Bangkok so I could get a better idea of the time for CR-1's in the past few months.

Thanks for your response!

No problem

I might be wrong but I don't see why not to apply for both.

However now to pursuit CR/IR rout FIRST you have to submitt I- 824 Action on Approved Application or Petition.

With K3 the problem is that USCIS to approve I-129 usually wants pending concurrently I-130 and since yours has been approved already you might face after 6 months waiting for I-129approval a cancellation of it. You don't want this. Hence I encourage you to file both I-824, I-129.

Hang out here on VJ and you will be more knowledgeable than many attorneys .

I wish you good luck like many here I suffer from separation with my husband .

[Mrs_L 0]

hi cool rob !

my husband was told the same thing by the attorney he talked to ! he was told it takes about 4 months... but so far i haven't seen that case that takes shorter than 6 months.. i dont know where the 4 months is coming from.. but obviously some where... my husband got the info from the legal office on his army base. we got married here in Thailand in january

i'm the foreign one here.. he's the USC... i see your wife is thai too ! ! .. i'm just keeping my fingers crossed and hoping for the best... it just doesnt make sense why they would want to keep spouses separated for so long ! i understand the whole secure borders thing... but they should have some respect for love ! there are people who actually want to be together out here.

sometimes i just try to believe what my husband believes, that it's going to take 4 months... but i joined this forum and another one for Thai women married to american men http://www.invisionplus.net/forums/index.php?mforum=unclesam ... 4 months is just not part of the stats. but hey.. who knows every case is different right

Good luck with your Visa Process ! Keep us posted on how it's going !

[Cool Rob 0]

hi cool rob !

my husband was told the same thing by the attorney he talked to ! he was told it takes about 4 months... but so far i haven't seen that case that takes shorter than 6 months.. i dont know where the 4 months is coming from.. but obviously some where... my husband got the info from the legal office on his army base. we got married here in Thailand in january

i'm the foreign one here.. he's the USC... i see your wife is thai too ! ! .. i'm just keeping my fingers crossed and hoping for the best... it just doesnt make sense why they would want to keep spouses separated for so long ! i understand the whole secure borders thing... but they should have some respect for love ! there are people who actually want to be together out here.

sometimes i just try to believe what my husband believes, that it's going to take 4 months... but i joined this forum and another one for Thai women married to american men http://www.invisionplus.net/forums/index.php?mforum=unclesam ... 4 months is just not part of the stats. but hey.. who knows every case is different right

Good luck with your Visa Process ! Keep us posted on how it's going !

Hi Mrs. L,

Congrats on your recent marriage and thanks for your message. My wife and I have our I-130 approved already, so I was thinking that's why I was told 2-4 months. Most of the time lines I found for Thailand weren't recent (or they weren't doing a CR-1). It appears there have been some changes since the middle of last year, but it's hard to determine how and if things have changed in Thailand to make the process faster.

The attorney I spoke with in BKK is Brain Wright, he has a good reputation and only does US Visas. My wife goes back to BKK in about 2 weeks. I'll do my best to keep our time line updated and post about any snags we run into (hopefully none). Good luck with your Visa process and I hope you and your husband are able to get everything taken care of within 4 months. Keep us posted on how yours is going as well!