CR-1 expired in Honduras now what?

[PedritoConejo 0]

Hi All, Visa Journey has been such an excellent resource for me when I was slogging through the paperwork to bring my Peruvian wife to the states. Now I'm turning to you again in hopes that some of you might be able to help me out again.

I have a Honduran friend who is married to an American living in Honduras. They are both still in Honduras. She had a CR-1 visa which expired in January of 2013 because the husband didn't want to leave Honduras yet.

Since that time, their relationship has become strained and security situation in Honduras has worsened. She has decided that she wants to exercise her Visa to bring herself and her three year old son to the states to be with the in-laws. However, the husband has stated that he is not willing to help out to with the paperwork for her and her son.

So far she has contacted a Honduran immigration lawyer who was not much help as I understand it and she doesn't know what to say to the consulate.

My question to the community is, does she have any recourse that you know of? Has this happened to any of you? What steps can she take next?

thanks!

[Georgia16 2,858]

Her visa expired 3 years ago her husband won't help with a new one.

How is she planing on coming to the us? Can't see she has any way

[kris&me 572]

the American husband would have to reapply for the CR 1 spouse visa / the son, if his, can have a US passport and travel anytime / get his birth certificate in order

[PedritoConejo 0]

Thanks for the replies. So clearly the husband needs to get involved in order to help her out.

Kris&me is there a name for this process to get your born abroad child a passport (yes it is his son)? I'll start googling. That's somewhat of a help thanks for the tip.

[PedritoConejo 0]

consular report of birth abroad (fs-240)

found it thanks.

It might be a little comfort to her so she can send the boy to see family but at such a young age I don't think he will be travelling by himself for a few years yet.

[belinda63 3,039]

As said without the spouse's help a CR-1 is not available. She can apply for a work visa, student visa, investor's visa, or the diversity lottery. Although the child should be a US citizen by virtue of a USC parent (if the residency requirements were met) the child can do nothing to help the mother to the US until it is 21. At that time the child could petition the mother.

[NikLR 13,227]

Her husband would have to start the process all over again. He would also have to be the one who files the CRBA.

[PedritoConejo 0]

It's tough to see friends go through hard times. I appreciate all of your input.

[newacct 688]

So she never entered the US on that CR-1 visa?

[PedritoConejo 0]

That's correct. She never entered on her visa.