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kaycome

Received CR1 but can't go now

By kaycome in IR-1 / CR-1 Spouse Visa Process & Procedures

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Redro Experienced

Redro   4,611

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Filed: IR-1/CR-1 Visa Country: South Africa
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7 minutes ago, kaycome said:

Please my friend just got hos CR1 visa but it seems he won't be able to travel till the next 6 months due to the health of his mum. By then his visa would have expired. Please what do you think he can do? Will he need need to start all over again by filing I-130 petition?. Thanks 

He can enter the US to activate his visa then return to his home country for a few months (no more than 6 monts). 

He can also enter the US file for a re-entry permit (allowing him to stay outside the US for up to 2 years) wait for biometrics and then return to his home country. 

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kaycome Contributor

kaycome   7

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3 minutes ago, ROK2USA said:

He can enter the US to activate his visa then return to his home country for a few months (no more than 6 monts). 

He can also enter the US file for a re-entry permit (allowing him to stay outside the US for up to 2 years) wait for biometrics and then return to his home country. 

The issue is that he can't leave his mom due to her sickness. She is hospitalized and he is the only son.

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Family Mentor

Family   3,988

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He will lose his visa and needs to book a flight Now! 

 

Have him pay the ELIS fee $220 before flying to US ( use a trusted friend USA address) 

He just flies in , gets his passport stamped, next day file re -entry permit ( I-131 online) and waits a couple of weeks to do biometrics. 

He can go do biometrics the moment he gets Notice ( no need to wait for appointment). 

**He can also call in an Expedite Request for I-131 the day he files it online and may be able to get biometrics in a few days…***
He should be able to fly back to care for mom within 3 weeks and can stay out 2 years.
 

If mom is in critical state , the sooner the better. Have a Cousin: Uncle/ Friend cover for moms care for a short period. 
 

Otherwise he will have lost all the years spent waiting. 
 

When was visa issued? 
Who petitioned for him ? 

 

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Crazy Cat Grand Master

Crazy Cat   41,850

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1 hour ago, kaycome said:

Can't the emabssy help in deferring his visa or extend it?

An issued visa cannot be extended.  If a visa expires due to circumstances beyond the control of the holder, the consulate can, at their discretion, re-issue.  They are at no obligation to do so. This would require a new medical, fees, and possibly another interview.  I would travel before the expiration date. 

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Ontarkie Grand Master

Ontarkie   14,221

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He makes a quick trip to the US to get his visa stamped. He then can turn around on the next flight out to get back to her. 

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SalishSea Grand Master

SalishSea   17,829

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Filed: Lift. Cond. (apr) Country: New Zealand
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1 hour ago, kaycome said:

Can't the emabssy help in deferring his visa or extend it?

No, they don't do that.   They can reissue an expired visa at their discretion, no guarantees.

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Redro Experienced

Redro   4,611

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Filed: IR-1/CR-1 Visa Country: South Africa
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2 hours ago, kaycome said:

The issue is that he can't leave his mom due to her sickness. She is hospitalized and he is the only son.

If your friend cannot leave before his visa expires. He can explain the situation to the Embassy (after it expires) and see if they will extend it. 

If they don't his spouse will have to file another I-130.

Unfortunately, he needs to figure out what is more important. 

Activating the visa or staying with his mother. 

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pushbrk Grand Master

pushbrk   12,883

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32 minutes ago, ROK2USA said:

If your friend cannot leave before his visa expires. He can explain the situation to the Embassy (after it expires) and see if they will extend it. 

If they don't his spouse will have to file another I-130.

Unfortunately, he needs to figure out what is more important. 

Activating the visa or staying with his mother. 

There is no "extension".  As others have said, it is possible to reissue if he is not able to use it "due to circumstances beyond his control".  While his mother's illness is not something he can control, whether he arranges for somebody else to be with her while he makes a three or four day trip to activate his visa, definitely IS in his control.

He's the only son.  Is he the only adult child?  Does she have no other family or close friends to be with her a few days.  Better to first look to solutions he CAN control instead on ones he cannot.

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kaycome Contributor

kaycome   7

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3 hours ago, Family said:

He will lose his visa and needs to book a flight Now! 

 

Have him pay the ELIS fee $220 before flying to US ( use a trusted friend USA address) 

He just flies in , gets his passport stamped, next day file re -entry permit ( I-131 online) and waits a couple of weeks to do biometrics. 

He can go do biometrics the moment he gets Notice ( no need to wait for appointment). 

**He can also call in an Expedite Request for I-131 the day he files it online and may be able to get biometrics in a few days…***
He should be able to fly back to care for mom within 3 weeks and can stay out 2 years.
 

If mom is in critical state , the sooner the better. Have a Cousin: Uncle/ Friend cover for moms care for a short period. 
 

Otherwise he will have lost all the years spent waiting. 
 

When was visa issued? 
Who petitioned for him ? 

 

His wife petitioned for him. His visa was issue last month

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kaycome Contributor

kaycome   7

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31 minutes ago, pushbrk said:

There is no "extension".  As others have said, it is possible to reissue if he is not able to use it "due to circumstances beyond his control".  While his mother's illness is not something he can control, whether he arranges for somebody else to be with her while he makes a three or four day trip to activate his visa, definitely IS in his control.

He's the only son.  Is he the only adult child?  Does she have no other family or close friends to be with her a few days.  Better to first look to solutions he CAN control instead on ones he cannot.

I will definitely tell him to take some days to travel and come back. He was just concern that he might loose his mom once he travel. Any way thanks for you contribution 

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pushbrk Grand Master

pushbrk   12,883

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21 minutes ago, kaycome said:

I will definitely tell him to take some days to travel and come back. He was just concern that he might loose his mom once he travel. Any way thanks for you contribution 

Well, he might, but if he doesn't travel, he may not be with his wife in the USA until 2024.  His choice.

 

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Understanding the big picture is priceless. Anonymous

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retheem Rising Star

retheem   564

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Filed: IR-1/CR-1 Visa Country: Kenya
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Posted (edited)
8 hours ago, kaycome said:

I will definitely tell him to take some days to travel and come back. He was just concern that he might loose his mom once he travel. Any way thanks for you contribution 

But if the mum is meant to die, whether he travels or not, she will still die. He can go, enter, have his passport stamped then take the next flight back

Edited by retheem
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