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VisaJourney.com > Marriage Based Immigration (K1, K2, K3, etc) to the USA > IR-1 / CR-1 Spouse Visa General Discussion

Michele&Omer


Been thinking too long tonight and came up with this scenario...

Due to the IMBRA RFE by the time our interview for the K3 happens we will have been married almost a year.
During this time our I-130 has been approved and is at the NVC.
I have paid the AOS and IV fees but have not yet sent the I-864 back or recieved the DS-230 package.

Now my questions/thoughts are:
If we delay the interview another year we could get the 10 year GC instead of the 2 year conditional GC.
If we take our time returning the DS-230 and the I-864 forms and documents how much time do we have to return them without the I-130 being closed for being idle too long??
If I read correctly the K3 is good for 2 years so we should have plenty of time to continue for the 10 year GC.
I know by waiting he will have to have his medical redone, will they accept a medical from the USA as long as it is with the certified doctors or would he have to have it redone in Turkey?
As long as we have the I-130 active is he elgible to work or apply for an EAD?? Or is that option out since we are not planning on doing the AOS in the USA??

My other worry is my husband is from Turkey and I am assuming he may have to go thru some extra security checks, do they repeat the checks for both the K3 and the I-130 or do they use the same results for both of them?

The other nice thing about waiting another year is that by then he will be ready for a return trip home and I will have had time to replenish some of my vacation time so we can spend a couple weeks back to visit family and friends.

Just curious about the pros and cons of waiting/delaying the CR1/IR1 visa.

Thanks for any imput,
Michele
Tim and Bethanie
Not sure why you would want to do the K-3 and aos, the end result is the same as a CR-1 a 2 year green card. So I don't see how your scenario would work, unless you don't adjust status and if you don't do that no he won't be working. If you were to send in your fees and such for the CR-1, it could possibly beat the K-3 to the embassy. IMO getting the CR-1 and the 2 year green card is a much better option that getting the K-3 and waiting it out for a 10 year green card unless of course you are finacially capable of taking care of your spouse and do not need his income.
Someone will come along with the legalities of it all I am sure. Edited to say: If you do have hold ups at the embassy, you could still end up with the IR-1, unless of course you don't send in the fees to keep it processing.
babybunny
QUOTE(Tim and Bethanie @ Aug 15 2006, 02:59 PM) *

Not sure why you would want to do the K-3 and aos, the end result is the same as a CR-1 a 2 year green card. So I don't see how your scenario would work, unless you don't adjust status and if you don't do that no he won't be working. If you were to send in your fees and such for the CR-1, it could possibly beat the K-3 to the embassy. IMO getting the CR-1 and the 2 year green card is a much better option that getting the K-3 and waiting it out for a 10 year green card unless of course you are finacially capable of taking care of your spouse and do not need his income.
Someone will come along with the legalities of it all I am sure. Edited to say: If you do have hold ups at the embassy, you could still end up with the IR-1, unless of course you don't send in the fees to keep it processing.


beth you got it back words...

she wants the IR1. forget the CR1 and the K-3
she wanna wait the extra year. so her man get the 10 year green card. I am sitting here thinking
this is a JOKE.. and its not funny.
bells go off in my head . its sounding like this:

IMMIGRATING FOR BENIFITS.. wink.gif


* turn it off.. make it stop *

OP..
Speak a little louder so the Embassy and USICS can hear ya.
Michele&Omer
QUOTE(babybunny @ Aug 15 2006, 07:09 AM) *

QUOTE(Tim and Bethanie @ Aug 15 2006, 02:59 PM) *

Not sure why you would want to do the K-3 and aos, the end result is the same as a CR-1 a 2 year green card. So I don't see how your scenario would work, unless you don't adjust status and if you don't do that no he won't be working. If you were to send in your fees and such for the CR-1, it could possibly beat the K-3 to the embassy. IMO getting the CR-1 and the 2 year green card is a much better option that getting the K-3 and waiting it out for a 10 year green card unless of course you are finacially capable of taking care of your spouse and do not need his income.
Someone will come along with the legalities of it all I am sure. Edited to say: If you do have hold ups at the embassy, you could still end up with the IR-1, unless of course you don't send in the fees to keep it processing.


beth you got it back words...

she wants the IR1. forget the CR1 and the K-3
she wanna wait the extra year. so her man get the 10 year green card. I am sitting here thinking
this is a JOKE.. and its not funny.
bells go off in my head . its sounding like this:

IMMIGRATING FOR BENIFITS.. wink.gif


No way

I want the K3!
We want to be together.

What I am wondering rather than spend all the money and the time on the CR1 why not wait the extra year and get the IR1.
I am financially able to wait the extra year, yes the extra income will always be nice but the cost of gettung the GC for 2 years and have to go thru removing conditions at that point seems like the smarter thing to do would be to wait the extra year and just get the 10 year GC and be done with immigration.

It was just an idea that I dreamed up while not being able to sleep last night...if is something that would not work I guess going back alone for his CR1 interview will be our option as I will have run out of vacation time for a 2nd interview at this point in time....I was thinking that being a couple and being there for him at the interview and having the time to live as a family would also be an advantage, I guess I saw the the situation differently than I described.

Thanks for you imput.

Michele





* turn it off.. make it stop *

OP..
Speak a little louder so the Embassy and USICS can hear ya.

morocco4ever
I just don't get it....you are willing to wait another year? Okay, I can see a few months to avoid the headache of having to prove your relationship yet again, but a year???

Now think of it this way, what would a consular officer feel about an obvious attempt to stall for a year? If it were me I would be thinking what Shon is thinking.

My 2nd anniversary is in October, I am leaving to go to Morocco in 2 days, and will be there almost a month. If by chance my husband does get his visa before our 2 year anniversary I would be willing to have him wait another 5 weeks to come so as to avoid this hell of proving our relationship again, but no way would I wait another year!
simple_male
Delaying the CR-1 process does not make sense.
Yodrak
Michele,

Keep in mind that LPR status is given when the immigrant enters the USA, not when the visa is issued. Once the visa is issued the visa holder has 6 months to come to the USA.

If there are things about the case that may cause the immigrant visa process to encounter some delays you may not want to intentionally add your own delays or you could wind up pushing things out further than you desire.

Yodrak

QUOTE(Michele&Omer @ Aug 15 2006, 03:09 AM) *
[color="#3333ff"][/color]

Been thinking too long tonight and came up with this scenario...

Due to the IMBRA RFE by the time our interview for the K3 happens we will have been married almost a year.
During this time our I-130 has been approved and is at the NVC.
I have paid the AOS and IV fees but have not yet sent the I-864 back or recieved the DS-230 package.

Now my questions/thoughts are:
If we delay the interview another year we could get the 10 year GC instead of the 2 year conditional GC.
If we take our time returning the DS-230 and the I-864 forms and documents how much time do we have to return them without the I-130 being closed for being idle too long??
If I read correctly the K3 is good for 2 years so we should have plenty of time to continue for the 10 year GC.
I know by waiting he will have to have his medical redone, will they accept a medical from the USA as long as it is with the certified doctors or would he have to have it redone in Turkey?
As long as we have the I-130 active is he elgible to work or apply for an EAD?? Or is that option out since we are not planning on doing the AOS in the USA??

My other worry is my husband is from Turkey and I am assuming he may have to go thru some extra security checks, do they repeat the checks for both the K3 and the I-130 or do they use the same results for both of them?

The other nice thing about waiting another year is that by then he will be ready for a return trip home and I will have had time to replenish some of my vacation time so we can spend a couple weeks back to visit family and friends.

Just curious about the pros and cons of waiting/delaying the CR1/IR1 visa.

Thanks for any imput,
Michele


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