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Delayed Filing Of CR-1, IR-1, And K-3 Marriage Visa Applications?
Transcript of the above video:
As the title of this video suggests, we are discussing delayed filing of Marriage Visa cases, CR-1, IR-1 and K-3. I did a video contemporaneously with this one where I discussed K-1 Fiancé Visas in a similar context. What are we talking about here?
Well oftentimes I will be talking to someone who is looking to get a visa for their spouse to the United States and they have some prevailing factors in their lives that may cause them to not be able to necessarily process, well they don't necessarily want to move just on a dime. They are not trying to get their spouse into the United States as quickly as possible, they just want to have the option so to speak down the road. The issue I am bringing up here is oftentimes I will be talking to people and they will say "well, you know what? I'm just going to go ahead and wait to file", and sometimes, not always, sometimes I think that they fail to really grasp just how quite honestly, inefficient the US Immigration system presently is. As discussed in the video I talked about K-1 Fiancé Visas, similarly for Immigrant Spouse Visas and even the Non-immigrant K-3 Visa, the process can I think pretty justly be described as sort of Byzantine and neo-Soviet. The system has multiple redundancies especially when you are dealing with Immigrant Spouse Visas in the CR-1, IR-1 category where then you have to deal with the National Visa Center and all of their nonsense. Again it has multiple redundancies and there are multiple places where cases can get caught if you will, sort of like a log jam, again that's my function to sort of break the log jam oftentimes. But again when you're looking at a situation where you are not in a hurry to get your spouse in the United States but you want to do it in some kind of timely manner, oftentimes not always, it is going to be circumstantially dependent, but oftentimes it's better to go ahead and get that case on file and let the clock be ticking rather than waiting because again the clock doesn't start ticking until you get a case on file. So when you are waiting to file, you're not progressing. The other thing to bear in mind is oftentimes, these visas are issued with a 6 months validity so that means that you have 6 months in order to use it; you don't have to immediately just travel to the United States.
Now again, based on the circumstances of a given case, that validity may be truncated depending on documentation and the expiration thereof in the underlying case file. That said, in the vast majority of cases you are going to see a Visa issued that you can use within six months; it has a 'use by' date if you will of six months, so it is not like you immediately have to go. So the point is in these situations where somebody is not overly in a hurry, again I don't like to, don't ever let anyone push you into seeking Immigration benefits that you may not otherwise want, but I think a lot of folks do fail to truly comprehend the inefficiency of the overall system. And for this reason, it is a good idea to really fully understand what the timeline is you are possibly looking like, including asking somebody like me, a professional who has dealt with the Immigration system for years, asking us just straight up and say "what is the worst case scenario in terms of timing?" because a lot of people don't take that into account and, I am not saying all cases go into a worst case scenario, but a certain subset, a certain percentage do and therefore it is something you want to keep a close eye on when you are dealing with Immigration to the United States.