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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 107256
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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Guillermo, I am copying your last message into this message

Customer Question

Hello Guillermo, I am copying your last message into this message for a refresher. My wife was granted a visit visa for 1 year, we will be arriving into Houston on the 18th of December. We would like to begin our CR-1 process, remember we live and work
in Beijing. I am curious to what you recommend our next steps to be to get Kristina started with her immigration to the USA. We currently plan to stay several more years in Beijing, (oil price barring that) but we would like to start her residency as soon
as possible. While your details are pretty good before. I would like to see if you have anything else to add. What would be the minimum time frame Kristina would be able to be required to remain in the USA, and then travel about as to not loose her residency.
How long can this take place, after the 2 year limit on the 470 is expired, what is the next stage if we are still working and living in Beijing. Do you recommend my getting an immigration lawyer while in the USA to assist with everything as well? Regards
Justin Sarmiento 24 August 2015 08:10 Guillermo J. Senmartin, Esq. Guillermo J. Senmartin, Esq. Immigration Lawyer It would take about 9 months or so to process a K-3 or IR-1 (CR-1 if your marriage is less than 2 years old). I would recommend the CR-1 or IR-1
because as soon as she enters the U.S., they issue her a green card. She can then freely travel in and out of the U.S., but she is supposed to be spending more time in the U.S. than outside. If she will not be able to do that, she can apply for an I-131 Re-Entry
Permit to allow her to be outside of the U.S. for up to 2 years and not lose the Residency status. You can try to have her apply for a B-2 first and see how it goes and show evidence that you still have a year and a half in your contract and that may be enough
to convince them to issue her the visa. If they don't issue it, then you can do the CR-1 or IR-1. If you do the K-3, she may get it faster, but she would not get Residency as soon as she entered the U.S. She would have to petition for Adjustment of Status
which can take another 5 to 7 months in the U.S. which is why I recommend the CR-1 or IR-1. Thank you for the positive rating. If you would like to request me in the future, please remember to put FOR GUILLERMO in the subject line and message box. Good luck
to you!
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

Thank you for requesting me by name. She needs to be in the U.S. at least a year and be employed in a specific type of organization to qualify for an N-470. I doubt she will qualify. If you mean Advance Parole, she will need to be in the U.S. for at least 3 to 5 months to get the Advance Parole approved. Then to get a Re-Entry Permit approved, she will need to be in the U.S. probably around 6 weeks or so.

Let me know if you need anything else, but please do not forget to rate me positively. You can do that by clicking on the 3rd, 4th or 5th stars if you see them, or the smiley faces if you see them. Thank you!

Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

Hello Justin. I'm just following up with you to see how everything is going. Did my answer help? Please let me know. Thank you!

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