IR1 vs CR1

[Ash12345 1]

HI,

 

My wife  was issued a CR1 visa and our plans have changed and I am going to stay with her in her country for the summer. Her CR1 visa will expire in July.

 

1. Does she need to come here first? or can the visa be extended for another 6 months?

2. Can we apply again after the CR1 expires and get an IR1 (we will be married for 2 years in Jan 2022). So if we apply on top of the same I130, could we just get an IR1? I guess the question is which date the criteria for IR1 vs CR1 - is it the date of first admission or date of visa issuance?

[Crazy Cat 41,888]

Visas cannot be extended.  If it expires prior to travel, the consulate can, at their discretion, reissue it.  This would require a new medical and possibly more.  A better option is for her to travel to the US before it expires, then immediately return to her country to tie up loose ends. 

Edited April 10, 2021 by Lucky Cat

[Ash12345 1]

3 minutes ago, Lucky Cat said:

Visas cannot be extended.  If it expires prior to travel, the consulate can, at their discretion, reissue it.  This would require a new medical and possibly more.  The best option is for her to travel to the US before it expires, then immediately return to her country to tie up loose ends. 

OK, but if we reapply the DS260 in October using the same I130, is that viewed negatively?

[Crazy Cat 41,888]

5 minutes ago, Ash12345 said:

OK, but if we reapply the DS260 in October using the same I130, is that viewed negatively?

I see no reason why it would be viewed negatively...

[SteveInBostonI130 3,459]

17 hours ago, Ash12345 said:

OK, but if we reapply the DS260 in October using the same I130, is that viewed negatively?

That is not how it works.

 

Your visa is issued.  In order to get the visa re-issued after expiration, you will need the embassy to explicitly allow you to do so.  

 

If the embassy is willing to re-issue, they will let you know what they need. A new medical is a requirement, but they may allow you to use the original DS-260 and police clearance certificate(s), or ask for new ones.  

[Nitas_man 3,100]

20 hours ago, Ash12345 said:

OK, but if we reapply the DS260 in October using the same I130, is that viewed negatively?

In 2018 We flew in, activated the visa, flew out, and returned 4 months later

Had you asked before the visa was issued you would have been advised to delay the medical and police certificate for awhile and not take it / get ready for interview until less than 6 months before you wished to leave.  We did that back in 2012.

 

Third option - contact the embassy, may or may not work but I would get a ruling on that ASAP.  Advise them you wish to re-take the medical in the fall and have the visa re-issued.  
 

Worst case:  new medical, new police certificate, (and) updated support affidavit.  That is NOT a fun review if you are not living in and working in the US and it is you, the petitioner, who will get scorched on that. 

The date the immigrant initially enters the country relative to marriage date determines whether a 2 year or 10 year green card is issued.

 

A visa isn’t extended.  It is cancelled, the case is re-applied and re-reviewed as a new interview, and a new visa is issued. Petitioner moving out of the US for a few months is gonna raise eyebrows. I just dump assets on the counter until they’re satisfied LOL.

 

Edited April 11, 2021 by Nitas_man

[Crazy Cat 41,888]

20 minutes ago, Nitas_man said:

In 2018 We flew in, activated the visa, flew out, and returned 4 months later

Exactly the best option for the OP, it seems to me (based on what I read in his/her post).

[Nitas_man 3,100]

Just now, Lucky Cat said:

Exactly the best option for the OP, it seems to me (based on what I read in his/her post).

OP wants to skip ROC.  Not a bad plan, just less than optimum timing.

[Ash12345 1]

2 minutes ago, Nitas_man said:

OP wants to skip ROC.  Not a bad plan, just less than optimum timing.

Thank you for the responses.

I am not sure what OP or ROC is.

I am a US citizen, and I am not moving out of country. I still work for a US company (owned by a British company), and maintain residence in US. We just love to be on the south shore of Turkey for the summer months, and my wife is still kinda taking care of her mother. Yes, she could come in for a month and go back with me, but it would be good to not be in these visa shackles all the time. I went through a long visa process 10 years ago (not through marriage), and I really hate dealing with all this non sense.

 

I do understand that she could just come here and go back. But I want to explore all the options. So far all my application with her have gone super fast (2.5 months I-130, 2 weeks NVC, 1 month visa interview) - it has taken me more time to fill out the applications and collect evidence etc than USCIS/DOS to approve them. Since we will be in Turkey until October anyway, it;s worth waiting 2-3 months to just get this over with.

 

 

 

 

[Crazy Cat 41,888]

5 minutes ago, Ash12345 said:

it has taken me more time to fill out the applications and collect evidence etc than USCIS/DOS to approve them. Since we will be in Turkey until October anyway, it;s worth waiting 2-3 months to just get this over with.

Since the visa is already issued, you will have more forms to complete, and part of the process again if she doesn't travel before it expires..  Your wife can now enter the US, then immediately return to Turkey for a few months.  

Edited April 11, 2021 by Lucky Cat

[Troy B 223]

2 hours ago, Ash12345 said:

Thank you for the responses.

I am not sure what OP or ROC is.

 

ROC = removal of conditions,  if your spouse comes in before your 2 year wedding anniversary, she will get a 2 year green card (CR1 visa).

ROC requires much of the same documentation you have already provided,  just updated for the first 21 months of your lives, starting when the visa is used..

[JKLSemicolon 413]

3 hours ago, Lucky Cat said:

Since the visa is already issued, you will have more forms to complete, and part of the process again if she doesn't travel before it expires..  Your wife can now enter the US, then immediately return to Turkey for a few months.  

This is the option that I would choose if it were me in the situation.

 

Sure, it would be nice to avoid Removal of Conditions, but at this point if the visa has been issued I would use it. With all of the uncertainty happening right now I would view it as "a bird in the hand is worth two in the bush". And keep in mind that trying to get the visa re-issued will likely mean paying the medical exam fee (which looks to be $270 in Turkey) plus the $325 visa application fee again.

 

But since you seem to have your mind made up, your best bet would be to contact the Immigrant Visa Unit yourself and ask them exactly what needs to happen in order to get the visa re-issued after it expires:

 

https://tr.usembassy.gov/visas/contact-immigrant-visa-section/

[pushbrk 12,898]

Bear in mind that the Consulate may well just say no to reissuing the visa.  They tend to do this only when circumstances are out of your control, such as COVID 19 related travel restrictions.  Your personal change of plans is not a reason for them to consider reissue.  If I were you, I would consider your ONLY two options are to travel to the US (both of you, as she cannot travel before you) before the visa expires or start all over again.

[Ash12345 1]

21 hours ago, pushbrk said:

Bear in mind that the Consulate may well just say no to reissuing the visa.  They tend to do this only when circumstances are out of your control, such as COVID 19 related travel restrictions.  Your personal change of plans is not a reason for them to consider reissue.  If I were you, I would consider your ONLY two options are to travel to the US (both of you, as she cannot travel before you) before the visa expires or start all over again.

Thanks, by all over again, do you mean DS260 & I-864 ?

[pushbrk 12,898]

2 hours ago, Ash12345 said:

Thanks, by all over again, do you mean DS260 & I-864 ?

No.   I mean a new I-130.  "All over again."  

 

Note that your convenience, and your opinion as to what is logical, carries no importance at all when it comes to US immigration.  You can TRY for a reissue.  You could contact the IV unit NOW, and ask if they'll consider it based on YOUR reasons.  If they say NO, then you both at least make a trip to the USA or your start "all over again".