Moving CR-1/IR-1 to a third country

[ViktorS 11]

My wife case is in NVC waiting for an appointment since May 2020. She is Russian and we selected Moscow consulate. The Moscow consulate is currently closed and it doesn't look as it will be conducting routing interviews any time soon.  Out 2 years marriage anniversary is in mid April this year.

What are the disadvantages of moving the case to a third country consulate? We are considering consulates that seems to be open enough to conduct even B visa interviews (e.g. Greece/Athens, Tajikistan/Dushanbe, ...)

Should we wait for our 2 years anniversary, is it a better chance of success after it when we move to IR category? 

I'm living 50/50 in the US and Russia for about a year now if it is relevant.  

Edited March 2, 2021 by ViktorS

[Dashinka 24,505]

As far as I know, she would have to establish legal residency in a third country for the interview to be moved to a new consulate, and keep in mind that could also add delays at the NVC stage.  In the thread regarding the Moscow Consulate, it appears things may be loosening up a little.  As far as your question regarding the two year wedding anniversary, that plays a role at the time your spouse actually enters the US with the spousal visa, so even if the visa is issued prior to your 2nd wedding anniversary, if your wife enters the US after the 2 year anniversary, she would (or should) get a ten year GC.  There are some stories where errors were made, so when it gets to that point, it may not hurt to remind the CBP agent signing off on the US entry that you have been married for over two years.

 

Good Luck!

 

 

[ViktorS 11]

23 minutes ago, Dashinka said:

As far as I know, she would have to establish legal residency in a third country for the interview to be moved to a new consulate, and keep in mind that could also add delays at the NVC stage. ...

 

 

I've read some success stories about transferring to consulate in Warsaw (this is what Moscow consulate recoments in their FB group) and people transferring their case to Kyiv before whole Covid thing. But official Warshaw is risky as the country is closed to russian tourists. Are you sure that legal residency is an absolute requirement,not something that up to the embassy to accept the application? 

[Dashinka 24,505]

13 minutes ago, ViktorS said:

I've read some success stories about transferring to consulate in Warsaw (this is what Moscow consulate recoments in their FB group) and people transferring their case to Kyiv before whole Covid thing. But official Warshaw is risky as the country is closed to russian tourists. Are you sure that legal residency is an absolute requirement,not something that up to the embassy to accept the application? 

I guess I am not certain.  Prior to Covid, I have heard about B2s being moved to other consulates, but every time I see the question regarding a K1/CR1, the response I see the most is that one would have to be a legal resident in the country they plan to interview in.  I expect there are exceptions though.

 

Good Luck!

[payxibka 10,045]

1 hour ago, ViktorS said:

I've read some success stories about transferring to consulate in Warsaw (this is what Moscow consulate recoments in their FB group) and people transferring their case to Kyiv before whole Covid thing. But official Warshaw is risky as the country is closed to russian tourists. Are you sure that legal residency is an absolute requirement,not something that up to the embassy to accept the application? 

You cannot consulate shop for simple convenience.   You need a compelling reason for the new consulate to accept your case.  Residence or nationality is most common.  

[Strawberrymermaid 346]

3 hours ago, ViktorS said:

I've read some success stories about transferring to consulate in Warsaw (this is what Moscow consulate recoments in their FB group) and people transferring their case to Kyiv before whole Covid thing. But official Warshaw is risky as the country is closed to russian tourists. Are you sure that legal residency is an absolute requirement,not something that up to the embassy to accept the application? 

Warsaw is taking CR1/IR1 cases from Moscow but you are responsible for getting a Schengen visa to travel there!

[SalishSea 17,833]

9 hours ago, ViktorS said:

My wife case is in NVC waiting for an appointment since May 2020. She is Russian and we selected Moscow consulate. The Moscow consulate is currently closed and it doesn't look as it will be conducting routing interviews any time soon.  Out 2 years marriage anniversary is in mid April this year.

What are the disadvantages of moving the case to a third country consulate? We are considering consulates that seems to be open enough to conduct even B visa interviews (e.g. Greece/Athens, Tajikistan/Dushanbe, ...)

Should we wait for our 2 years anniversary, is it a better chance of success after it when we move to IR category? 

I'm living 50/50 in the US and Russia for about a year now if it is relevant.  

You can't just move your case to a consulate of your choice.   

 

If she has legal residence in another country, a request may be made for that consulate to accept the case.  

 

CR vs IR = no impact on scheduling interviews.

[HRQX 4,145]

13 hours ago, Dashinka said:

I expect there are exceptions though.

Since Moscow IV unit is currently not back to routine* processing, other IV posts (e.g. Warsaw, etc.) can accept the cases: https://fam.state.gov/fam/09FAM/09FAM050404.html "Unless physically present in the consular district as described above (see paragraph a above) an alien in whose country of residence IVs are routinely processed should not normally be accepted for processing by a post in a third country."

 

*Moscow isn't doing any routine cases and only on average 3/month exceptional circumstance cases: https://travel.state.gov/content/travel/en/legal/visa-law0/visa-statistics/immigrant-visa-statistics/monthly-immigrant-visa-issuances.html

Edited March 3, 2021 by HRQX

[SteveInBostonI130 3,454]

Warsaw was/is a common post to transfer Russian cases because of Kaliningrad Oblast exclave zone.  Warsaw was a routine visa service post for residents of Kaliningrad due to a special arrangement in pre-covid times.  They even allowed the interview to be conducted in Russian.

 

Kyiv used to allow transfers from Russia, but I believe that stopped a while ago.

 

[Wcalmt1 34]

I have been wondering about this as well.  My wife is currently in Russia, but a Tajikistan citizen.  When we tried for the K1/K2's we ended up transferring from Moscow to Almaty, Kazakhstan as Tajikistan's embassy does not issue immigration Visa's.  My wife, fiancee then, did get an interview in Kazakhstan, Sept 2018, but got denied.  She doesn't want to go back there, because she said they did NOT treat her well. I don't know about travel to and from there at the moment.  We are 4 months out from our 2nd anniversary also.  Like so many others going out of my head  desiring to get my family home.

[Wcalmt1 34]

Also what happens at 2 years of marriage? the CR to IR?

 

[HRQX 4,145]

Just now, Wcalmt1 said:

Also what happens at 2 years of marriage? the CR to IR?

Date of US entry is what ultimately matters. See 8 C.F.R. § 235.11(b): "Correction of endorsement on immigrant visa. If the alien is subject to the provisions of section 216 of the Act, but the classification endorsed on the immigrant visa does not so indicate, the endorsement shall be corrected and the alien shall be admitted as a lawful permanent resident on a conditional basis, if otherwise admissible. Conversely, if the alien is not subject to the provisions of section 216 of the Act, but the visa classification endorsed on the immigrant visa indicates that the alien is subject thereto (e.g., if the second anniversary of the marriage upon which the immigrant visa is based occurred after the issuance of the visa and prior to the alien's application for admission) the endorsement on the visa shall be corrected and the alien shall be admitted as a lawful permanent resident without conditions, if otherwise admissible."

[millefleur 5,046]

14 minutes ago, Wcalmt1 said:

I have been wondering about this as well.  My wife is currently in Russia, but a Tajikistan citizen.  When we tried for the K1/K2's we ended up transferring from Moscow to Almaty, Kazakhstan as Tajikistan's embassy does not issue immigration Visa's.  My wife, fiancee then, did get an interview in Kazakhstan, Sept 2018, but got denied.  She doesn't want to go back there, because she said they did NOT treat her well. I don't know about travel to and from there at the moment.  We are 4 months out from our 2nd anniversary also.  Like so many others going out of my head  desiring to get my family home.

I think it's worth looking into Kazakhstan again.  According to the Kazakhstan ustraveldocs site: "The National Visa Center (NVC) is scheduling interview appointments for new applicants for IR1, CR1, IR2, and CR2 visas. U.S. Consulate General Almaty continues to contact new applicants for K visas whose cases have been received from NVC with instructions for scheduling interview appointments."

https://ustraveldocs.com/kz/index.html

 

It's worth reaching out to them and asking, especially in your case where that was the Embassy where her nationality would interview anyway. The Moscow Embassy seems completely frozen right now with no end in sight as to when they will start processing again, so if it were me waiting, I'd be emailing other embassies just to even see if there's an option.

 

 

[CamGeniia 37]

I contacted the US embassy in Almaty to ask about transferring our K1. I was told we would be placed behind citizens of Kazakhstan, and the wait could be long. Moldova is the only embassy that would accept our transfer, but the fiancée need to be present in country for 14 days before allowed into the embassy for interview. They also will not mail the visa to Russia if approved. 

[Strawberrymermaid 346]

43 minutes ago, CamGeniia said:

I contacted the US embassy in Almaty to ask about transferring our K1. I was told we would be placed behind citizens of Kazakhstan, and the wait could be long. Moldova is the only embassy that would accept our transfer, but the fiancée need to be present in country for 14 days before allowed into the embassy for interview. They also will not mail the visa to Russia if approved. 

Wow! Thanks for sharing. That is the first I have heard of a k1 maybe being able to be transferred. @Chauncey did you see this?