Can someone please explain the process of the CR1 Visa and likely waiting times? What problems may occur, what delays, etc?

I am a US born citizen. My wife is an Australian born citizen. Am I able to file the paper work from Australia, or do I have to return to the USA to do it? And can she come here to visit me, or can I go to Australia to visit her, during the process, or do we HAVE to be separated the entire time?

Atlanta, GA -

Attorney Answers (3)

Carl Michael Shusterman

Carl Michael Shusterman

Immigration Attorney - Los Angeles, CA

It is possible to immigrate a spouse from abroad (although this takes more time) or in the U.S.

Please click the link below for additional information.

Carl Shusterman, Esq.
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(213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration... more
Andrew Marino Bramante

Andrew Marino Bramante

Immigration Attorney - Cleveland, OH

You may file the paperwork from Australia.
You may visit Australia during the processing (unless Australia's laws prevent it, but I cannot imagine why they would).
Your wife would have a lot of trouble getting a visitor B-2 visa to visit you in the U.S. during the process. You could consider a K-3 visa (for spouse of U.S. citizen waiting for her immigrant visa to get processed), but that often takes the same amount of time.

Andrew M. Bramante, Rosner Partners, 216-771-5588. Free telephone consultation. You should always consult with... more
Alexander Joseph Segal

Alexander Joseph Segal

Immigration Attorney - New York, NY

I concur completely. Great answer by my colleague.


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