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

Atlanta, GA |

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?

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Attorney answers 3


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 an experienced immigration attorney to make certain that the advice you received is appropriate for your particular immigration case.


I concur completely. Great answer by my colleague.

NYC EXPERIENCED IMMIGRATION ATTORNEYS; email:; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.


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.
Former INS Trial Attorney (1976-82)
Board Certified Immigration Attorney (1986 - Present)
Schedule a Legal Consultation - Know Your Rights!
600 Wilshire Blvd., Suite 1550
Los Angeles, CA 90017
(213) 394-4554 x0
Web: (English) (Spanish)

(213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.