Change of overseas consulate to US during application process possible?

[SP_and_TH 2]

Current situation:

 

My wife and I both live and work abroad in Thailand. I am a US citizen and she is Canadian. We are in the midst of applying for a Spousal Visa/Green card so we can move back and live in the US together. We are almost a year in since starting the application process and our application is waiting on corrections at the NVC. Once approved then we will be allowed to schedule our interview at the embassy and wrap everything up. We will be finishing our contract of employment in May and in the case that my wife's green card has not been issued yet here is my 2 questions:

 

Is it possible for my wife and I to travel to the US while our application is processing still? (I have heard both)

 

Is it possible for her to enter the US on a tourist visa (Where she gets 6 months automatically) and finish our application process in the US (Given that it can happen in the 6 months that we are there) Not even sure that would be allowed. 

 

Assuming the best is to stay in Thailand and finish everything here rather than moving our application to another country.

 

Thanks in advance!

[aaron2020 11,651]

Does your wife has legal residency in Thailand?

 

She can visit during the immigration process.

 

No, she can not finish the process in the US.  

[SP_and_TH 2]

Thanks Aaron. No just a work permit in Thailand. Might have to continue that during the process. 

 

Thanks for your answer. 

[Ash23122 22]

@SP_and_TH Yes, your wife should be able to travel to the US on a tourist/visitor visa without any issues however, she will have to come back to Thailand for the visa interview and finish the IR1 visa application process (assuming that was the country selected when you submitted DS-260 on CEAC portal). Unfortunately, you won't be able to finish the visa application process in the US. 

 

BTW, you mentioned in your post that your application is waiting on corrections at NVC - has NVC reviewed your case already and asked you to submit additional documents? do you mind sharing what documents they rejected or asked you to resubmit? Also, did NVC ask about your wife's visa status? since she's Canadian residing in Thailand (I am asking this bc we are in a similar situation). 

 

Thanks in advance! 

[SP_and_TH 2]

2 hours ago, Ash23122 said:

@SP_and_TH Yes, your wife should be able to travel to the US on a tourist/visitor visa without any issues however, she will have to come back to Thailand for the visa interview and finish the IR1 visa application process (assuming that was the country selected when you submitted DS-260 on CEAC portal). Unfortunately, you won't be able to finish the visa application process in the US. 

 

BTW, you mentioned in your post that your application is waiting on corrections at NVC - has NVC reviewed your case already and asked you to submit additional documents? do you mind sharing what documents they rejected or asked you to resubmit? Also, did NVC ask about your wife's visa status? since she's Canadian residing in Thailand (I am asking this bc we are in a similar situation). 

 

Thanks in advance! 

What they asked for corrections on was they did not accept digital signatures on the I-864 documents so I had to resubmit them. They also requested addition tax forms from me and my co-sponsor. There was not question about my wife's visa status. 

[Ash23122 22]

Ah ok gotcha. Thank you! What was your original submission date? 

Edited January 7, 2022 by Ash23122

[Ryan H 3,834]

Moved from Progress Reports to Process & Procedures.

[pushbrk 13,136]

Your Canadian spouse can visit the USA depending on current visitation requirements.  If she's no longer in Thailand on a long term visa, she must interview in Montreal.