A few questions about restarting the IR-1 process

[dakroww 1]

Greetings all,

 

    I will soon be restarting the IR1 process for my wife. We have been married since 2012, as we married while I was living in Bogota, Colombia for four years. Due to some traumatic life circumstances we decided to put a pause on our relationship and I returned to the United States in 2016. That  changed two years later after she ended up getting her tourist VISA in 2018 and has visted me three times and will return again this summer. 

 

   So the question being, should I wait to start the VISA process again until she visits on her tourist VISA this summer or should I just go ahead and start the porcess again now. Once again, we are legally married in Colombia and we got all the way up to the "waiting for the interview to happen" when we cancelled the process before, which of course I now regret, because I have to start all over again. The only reason I would delay starting the process until she visited is because I dont want any conflict with her existing toursit VISA and the IR-1 process. Thanks for any advice and help.

 

Don

[Vickys_Mom 231]

Start it now.  Get the clock going.

 

She can be honest when she enters.  She's here to see her husband, y'all have started the paperwork, it's an IR-1 so it will take a while to process, and she plans to return after her visit.  Make sure she has her return paperwork.

 

You guys are married.  CBP knows that already from your past efforts.  Any time she enters the U.S., CBP will assume she intends to stay.  She'll have to convince them she won't.  It sounds like she's been fine so far visiting while being married to you.

 

Regards,

Vicky's Mom

[pushbrk 13,011]

No reason to delay starting the process.  Be aware they will have your original file, and know exactly the reason you gave them for withdrawing your petition the first time.