1. Best Immigration Lawyers NYC New York Overview of the IR-1 Visa Strategy
Best Immigration Lawyers NYC New York evaluated this case as a procedural transition rather than a restart of the entire immigration process.
The primary objective was to lawfully convert a stalled AOS case into consular processing without jeopardizing the underlying marriage-based petition.
Understanding the IR-1 Immigrant Visa Framework
The IR-1 visa is a marriage-based immigrant visa issued to spouses of U.S. citizens whose marriage has lasted at least two years.
Best Immigration Lawyers NYC explained that IR-1 beneficiaries receive a ten-year permanent resident card immediately upon U.S. entry, without conditional status.
This differs from CR-1 visas, which apply to marriages under two years.
Understanding this distinction was essential to selecting the most advantageous path forward.
2. Best Immigration Lawyers NYC New York Client Background and Initial AOS Filing
Best Immigration Lawyers NYC New York carefully reviewed the client’s immigration history and procedural posture.
The analysis focused on how the initial filings were made and why continued AOS was no longer viable.
Entry to the U.S. and Adjustment of Status Attempt
The client entered the United States with a U.S. citizen spouse under ESTA status.
Form I-130 and Form I-485 were filed concurrently to pursue adjustment of status.
Best Immigration Lawyers NYC identified that the filings were prepared without professional guidance, resulting in evidentiary deficiencies.
The adjustment application was denied, and a motion to reopen or reconsider using Form I-290B was subsequently filed.
Emerging Practical and Timing Constraints
While the motion was pending, the U.S. citizen spouse faced an overseas assignment to a third country.
Best Immigration Lawyers NYC determined that maintaining the applicant’s presence in the United States alone would serve no practical purpose.
Because departure from the U.S. would terminate the AOS process, a strategic reassessment became necessary.
These circumstances prompted consultation with Best Immigration Lawyers NYC for a viable alternative.
3. Best Immigration Lawyers NYC New York Transition from AOS to Consular Processing
Best Immigration Lawyers NYC New York developed a plan to preserve prior approvals while lawfully shifting venues.
This required careful sequencing to avoid abandonment or unnecessary delays.
Withdrawal of AOS and Use of Form I-824
Best Immigration Lawyers NYC advised withdrawing the pending I-290B and discontinuing AOS.
Because Form I-130 had already been approved, Best Immigration Lawyers NYC utilized Form I-824 to request transfer of the approved petition to the National Visa Center.
This step allowed the case to continue as an immigrant visa application through the U.S. Embassy in Korea.
The approval of Form I-824 was obtained efficiently, enabling prompt transition to NVC processing.
National Visa Center Preparation and Submission
At the NVC stage, Best Immigration Lawyers NYC organized documentation addressing marriage validity, financial sponsorship, identity records, and immigrant visa forms.
Although the marriage had already been recognized through I-130 approval, additional evidence was provided to demonstrate the ongoing nature of the marital relationship.
Best Immigration Lawyers NYC structured submissions to meet immigrant visa standards, which differ from AOS review criteria.
This preparation supported a smooth documentarily qualified determination.
4. Best Immigration Lawyers NYC New York Consular Interview and Final Approval
Best Immigration Lawyers NYC New York recognize that even procedurally complex cases may result in straightforward interviews when properly prepared.
Final steps focused on interview readiness and factual consistency.
U.S. Embassy Interview in Korea
After NVC completion, the interview was scheduled at the U.S. Embassy in Seoul.
The consular officer asked limited questions regarding the couple’s relationship and marriage timeline.
Best Immigration Lawyers NYC had prepared the client for more extensive questioning given the procedural history, but the interview proceeded efficiently.
Extended waiting time outside the embassy was the only notable inconvenience.
IR-1 Visa Approval and Issuance
Based on consistent answers and complete documentation, the IR-1 immigrant visa was approved.
The passport with visa was returned approximately four business days later, subject to embassy processing schedules.
Best Immigration Lawyers NYC noted that the client would enter the United States as a permanent resident with a ten-year green card.
This outcome resolved the earlier AOS complications without adverse immigration consequences.
Best Immigration Lawyers NYC at SJKP regularly assist couples navigating marriage-based immigration, including complex transitions between AOS and consular processing.
SJKP provide strategic guidance on petition preservation, procedural withdrawals, NVC coordination, and consular interview preparation under New York and federal immigration standards.
If your marriage-based case involves delays, denials, or the need to change processing strategy, Best Immigration Lawyers NYC encourage you to request a consultation with SJKP for tailored legal support.
14 Jan, 2026
