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Can CR-1 VISA interview be done in US?

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Filed: IR-1/CR-1 Visa Country: Brazil
Timeline

Hello guys!

I have learned a lot from you and follow the step by step process and everything went smooth, but now I think I

'M in an unique situation and hope someone can help.

I have my CR-1 process currently pending interview, which is scheduled in early April.

While I was waiting for the immigration process to complete, my company transferred me to US with an L1 VISA. So I am currently in US.

I had plans to go back to Brazil and have the interview but on the date it is scheduled I'll be traveling and will need to come right back to US because of work.

So I was considering one of the possible scenarios:

1) Have the medical exam and interview in Brazil re-scheduled to a latter date

2) Transfer the medical exam and interview to local USCIS. Does anyone know if this is possible?

3) Adjust status from L1. Does anyone knows if I have to file I-130 and affidavit of support again?

Really appreciate any help and comments.

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No, the CR1 visa interview has to be in the home country and medical exams are not transferable.

You can adjust status from L1, but I have no idea how your pending CR1 impacts proceedings.

K1 time line

 


I-129F sent: 12/23/2014
NOA-1: 12/29/2014
NOA-2: 06/05/2015 (158 days)
NOA-2 hardcopy: 06/11/2015 (6 days post NOA-2, 164 days total)
Sent to NVC: 06/16/2015 (11 days post NOA-2, 169 days total)
NVC receive: 06/25/2015 (20 days post NOA-2, 178 days total)
NVC case no: 06/30/2015 (25 days post NOA-2, 183 days total)
NVC left: 07/02/2015 (27 days post NOA-2, 185 days total)
Case Ready: 07/07/2015 (32 days post NOA-2, 190 days total)
submitted DS-160, paid visa fee.: 07/21/2015 (46 days post NOA-2, 204 days total)
Packet 3 sent: 07/25/2015 (50 days post NOA-2, 209 days total)
Pack 4 received: 07/30/2015 (55 days post NOA-2, 214 days total)
Medical: 09/17/2015 Interview: 09/23/2015 (108 days post NOA-2, 268 days total)
Interview Result: Approved Administrative Processing: 09/23/2015
CEAC Status Issued: 09/24/2015
Visa in hand: 09/28/2015
POE: 12/29/2015 Wedding: 01/11/2016


AOS Time Line

 

AOS package mailed: 01/13/2016
AOS package received: 01/20/2016 (day 1)
AOS NOA-1 text/email: 01/23/2016 (day 3), actual NOA-1 date 01/22/2016 (day 2)
AOS Fingerprint fee received: 01/22/2016 (day 2)
AOS check cashed: 01-25-2016 (day 5) Got 6 month NJ driver's license: 01-25-2016
3x NOA-1 hardcopies: 02/03/2016 (day 14)

Biometrics letter: 02/05/2016 (day 16) Biometrics appt (Elizabeth, NJ): 02/17/2016 (day 28)

EAD and AP approved email/txt: 03/29/2016 (day 67)

GC approval email/text: 04/04/2016 (day 74)

I-797 for I-765/I-131 in mail: 04/04/2016 (day 74)

EAD/AP delivered: 04/05/216 (day 75)

GC card being mailed status update: 04/07/16 (day 77)

GC received: 04/11/16 (day 84 post AOS NOA-1)

DONE WITH USCIS FOR 21 MONTHS!

ROC Window opens: 01/04/2018

 

ROC Time Line
ROC package mailed to Vermont 01/04/2018
ROC package received at Vermont 01/08/2018 (day 0)
Check cashed: 01/16/2018 (day 8 )
NOA-1 date: 01/09/2018 (day 1)
NOA-1 received: 01/16/2018 (day 8 )
Biometrics notice received: 02/09/2018 (day 32)
Biometrics appointment: 02/23/2018 (day 46)
Received 18-month extension letter: 08/13/2018 (day 209)
ROC Approved: 03/09/2019 (day 425)
Card Received: 03/16/2019  (day 432)
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Filed: FB-2 Visa Country: Bangladesh
Timeline

You can't have the case transferred to the local USCIS office.

You don't have to refile the I130 but, you will need to file an I485 and a whole other set of forms to adjust in the US. The adjustment may take quite a while during which you'll also need to wait for work authorization.

It will probably be easier to reschedule the interview to a more convenient date.

F2B

(Helping aunt with cousin's petition)

01/02/2011: PD (Priority Date)
01/04/2011: I-130 NOA1

02/16/2011: I-130 NOA2

08/04/2016: Received DS-261/AOS Bill

08/06/2016: Completed DS-261/Paid AOS Bill

08/16/2016: Received IV Bill

10/11/2016: Submitted AOS/IV documentation

10/11/2016: Paid IV fee bill

10/14/2016: Submitted DS-260

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Filed: IR-1/CR-1 Visa Country: Brazil
Timeline

I already have work authorization through the L1 VISA so I think this will still be valid while I adjust status, right?

Anyone can help with what documents I need to send with I-485? NVC said to call USCIS and USCIS was no help at all.

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Filed: FB-2 Visa Country: Bangladesh
Timeline

I'm not sure if the L1 visa will be valid if you've filed for an adjustment of status but, this would be a good question for your company's immigratio attorney. Theres a VJ guide here about petitioning when the spouse is in the US -- you'd essentially skip the I130 part. You'd just need to attach a copy of the I130 approval notice.

But, when you file the I485, what USCIS will do is request your file from NVC which would in turn have to get it back from the embassy since I'm assuming they've already sent it.

http://www.visajourney.com/content/i130guide2

Edited by teeak

F2B

(Helping aunt with cousin's petition)

01/02/2011: PD (Priority Date)
01/04/2011: I-130 NOA1

02/16/2011: I-130 NOA2

08/04/2016: Received DS-261/AOS Bill

08/06/2016: Completed DS-261/Paid AOS Bill

08/16/2016: Received IV Bill

10/11/2016: Submitted AOS/IV documentation

10/11/2016: Paid IV fee bill

10/14/2016: Submitted DS-260

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Filed: Lift. Cond. (apr) Country: China
Timeline

~Moved from Fam.-based AOS to IR1/CR1 Process Forum~

~Not at Adjustment of status phase of spouse visa process~

(mod hat off)

The consulate spouse visa interview will be done at the interviewing overseas US Dept. of State (DOS) consulate. There are no US consulates operated by the DOS in the United States. The physical has to be performed by one of the panel physicians selected by the interviewing consulate.

Even though the L1 visa can be considered dust-intent, to attempt to immigrate to the US with the intention of adjusting status could be considered immigration fraud, which could lead to enhanced USCIS scrutiny, particularly since you have already signified your immigration intent with the filing of the spouse visa.

I would suggest that you not unnecessarily complicate your life, and reschedule your CR1 physical and interview.

Good luck on your immigration journey.

Completed: K1/K2 (271 days) - AOS/EAD/AP (134 days) - ROC (279 days)

"Si vis amari, ama" - Seneca

 

 

 

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Filed: IR-1/CR-1 Visa Country: Vietnam
Timeline

The "skipping the I-130 step" doesn't seem to make sense given that USCIS doesn't allow changing tracks. Now a member with personal experience here can educate us all.

With that being said it would seem that the steps to take would be to file the Adjustment of Status paperwork (all the forms and the fee) in the US to adjust from your L1. Concurrently your spouse would withdraw the CR1 petition.

OR

You work out the logistics and do the interview and medical in Brazil and follow the CR1 path that you've already begun.

I-864 Affidavit of Support FAQ -->> https://travel.state.gov/content/visas/en/immigrate/immigrant-process/documents/support/i-864-frequently-asked-questions.html

FOREIGN INCOME REPORTING & TAX FILING -->> https://www.irs.gov/publications/p54/ch01.html#en_US_2015_publink100047318

CALL THIS NUMBER TO ORDER IRS TAX TRANSCRIPTS >> 800-908-9946

PLEASE READ THE GUIDES -->> Link to Visa Journey Guides

MULTI ENTRY SPOUSE VISA TO VN -->>Link to Visa Exemption for Vietnamese Residents Overseas & Their Spouses

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