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lansk

Cr1 visa expiration?

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Country: Nepal
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Hello,

 

my CR1 visa was recently issued 1 week back. I am currently staying with my US citizen spouse in my home country but we now thinking of not traveling to US until Virus situation calms down. With current uncertainty, what will happen to our visa if we don’t travel for at least 7-8 months? Do we have to start all over from i-130 again? 

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If the visa expires, you can no longer use it.

It is possible to have the visa re-issued, although a new medical will likely be required as the visa validity period is tied to the medical validity.

How long the consulate will hold on to the I-130 so the visa can be issued again is an unknown at this time.

Contact the consulate for details. Just keep in mind they are overwhelmed right now and may not have details yet.

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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Country: Nepal
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20 minutes ago, geowrian said:

If the visa expires, you can no longer use it.

It is possible to have the visa re-issued, although a new medical will likely be required as the visa validity period is tied to the medical validity.

How long the consulate will hold on to the I-130 so the visa can be issued again is an unknown at this time.

Contact the consulate for details. Just keep in mind they are overwhelmed right now and may not have details yet.

Ok. That means if Embassy have my I-130 they can reissue visa with new medical despite my visa expiration?

 

 I was worried that I again  have to go through uscis route.

Edited by lansk
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Just now, lansk said:

Ok. That means if Embassy have my I-130 they can reissue visa with new medical despite my visa expiration? 

It is possible for them to re-issue an immigrant visa with a new validity period.

As noted, keep in contact with the consulate.

 

Sources:

9 FAM 504.10-5: https://fam.state.gov/fam/09FAM/09FAM050410.html#M504_10_5

INA 221(c): https://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title8-section1201&num=0&edition=prelim

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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Filed: Other Country: China
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16 minutes ago, lansk said:

Ok. That means if Embassy have my I-130 they can reissue visa with new medical despite my visa expiration?

 

 I was worried that I again  have to go through uscis route.

It is possible.  It is not guaranteed.

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Filed: IR-1/CR-1 Visa Country: Kenya
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1 hour ago, lansk said:

Hello,

 

my CR1 visa was recently issued 1 week back. I am currently staying with my US citizen spouse in my home country but we now thinking of not traveling to US until Virus situation calms down. With current uncertainty, what will happen to our visa if we don’t travel for at least 7-8 months? Do we have to start all over from i-130 again? 

Why would you want to take risks under the immigration climate we are in these days? I would say fly in as soon as possible and close that chapter

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  • 2 weeks later...
On 3/20/2020 at 1:26 PM, geowrian said:

It is possible for them to re-issue an immigrant visa with a new validity period.

As noted, keep in contact with the consulate.

 

Sources:

9 FAM 504.10-5: https://fam.state.gov/fam/09FAM/09FAM050410.html#M504_10_5

INA 221(c): https://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title8-section1201&num=0&edition=prelim

As  Geowrian already posted few links from where we can easily see that there is actually a provision in US immigrant law where a consulate can reissue a visa if an applicant is unable to use his visa due to situation not under his control....as far as my knowledge is concerned, what can be a more out of control situation than a PANDEMIC..

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Filed: IR-1/CR-1 Visa Country: Vietnam
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Fly to US, get it stamped, fly home and come back later.  That's the guaranteed way to make this come out favorably.  All other options aren't guaranteed.  You MIGHT get it extended.  You MIGHT get it re-issued.  You have until September 5.  That's a lot of time.  I just can't imagine going through this whole process, all of the time and effort, getting the visa and just saying, "oh, i just don't want to go right now"

Edited by Stein
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Country: Nepal
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42 minutes ago, Stein said:

Fly to US, get it stamped, fly home and come back later.  That's the guaranteed way to make this come out favorably.  All other options aren't guaranteed.  You MIGHT get it extended.  You MIGHT get it re-issued.  You have until September 5.  That's a lot of time.  I just can't imagine going through this whole process, all of the time and effort, getting the visa and just saying, "oh, i just don't want to go right now"

I know there is still another 5 months and I am considering to fly asap if things get back to normal.. However, we don’t want to put ourself in risk to get infected with virus if things continues like this.IMO life is no better than anything. flying in this time will risk our life and others life too. Good thing is we both are staying in our parents house 🏡 together so financially we are  worry free here.. Hopefully things will be better in couple of months. If it continues to be like this hope US embassy will understand these scenarios and consider for reinsurance of CR1 visa

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1 hour ago, Stein said:

Fly to US, get it stamped, fly home and come back later.  That's the guaranteed way to make this come out favorably.  All other options aren't guaranteed.  You MIGHT get it extended.  You MIGHT get it re-issued.  You have until September 5.  That's a lot of time.  I just can't imagine going through this whole process, all of the time and effort, getting the visa and just saying, "oh, i just don't want to go right now"

In a time when people are forced to stay at home and stand 2m apart in public, sitting shoulder to shoulder on a plane while breathing the same air is truly sage advice.

Edited by dothehustle
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Filed: IR-1/CR-1 Visa Country: Vietnam
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2 hours ago, dothehustle said:

In a time when people are forced to stay at home and stand 2m apart in public, sitting shoulder to shoulder on a plane while breathing the same air is truly sage advice.

We are discussing five months from now, not tomorrow, next week or next month.  It's going to be a lot different by then.

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  • 1 month later...
On 3/20/2020 at 1:17 PM, lansk said:

Ok. That means if Embassy have my I-130 they can reissue visa with new medical despite my visa expiration?

 

 I was worried that I again  have to go through uscis route.

how did it go? i'm hoping to get mine extended or re-issued as we can't leave Australia

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