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Nathalielien

File for IR1 while in the US

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Filed: IR-1/CR-1 Visa Country: Canada
Timeline

No, you can't file for an IR1 while in the states. You'd have go the "adjust status" route. And, I'm not sure if you can "get away" with doing that on a visitor visa. It's not like you spontaneously decided to get married and file for adjustment of status while visiting. It seems like you'd have to go the IR1 route, which may be actually better than adjusting status, except for the fact that you can't stay here while filing. If you are a VWP country, then they may let you visit while you are in the process of filing for an immigrant visa.


CR1 application

I-130: 03/26/2007-07/02/2007 at NSC

NVC: 07/20/2007-11/08/2007

Interview at Montreal Consulate: 01/18/2008

(2 months' additional security checks)

Received Green Card: 05/12/2008

Removal of Conditions

I-751: 2/25/10-

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Filed: Citizen (apr) Country: England
Timeline
Can you file for IR1 or the Green Card, while in the US on a tourist visa and married for more than 2 years to an US citizen?

Thank you!

Yes, you can file for the IR-1 while in the US on a tourist visa. However, the intending immigrant must not overstay that visa and will have to return to their home country for the interview stage.

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You've had a yes and a no response, and they both have some truth to them.

You CAN file the I-130 that starts the IR-1 process while both of you are in the states. But you can't complete the process from within the US. In order to get a visa, the intending immigrant would have to go abroad to get the visa at a consulate. Filing the paperwork to start the visa doesn't grant the alien any right to stay in the US, and doesn't extend the alien's status in any way, so the alien should leave at the expiration of status or shortly thereafter. There's no penalty for an overstay of less than 180 days, but the three and ten year bars on admissibility start to kick in after that.

Assuming the alien entered the US legally and can prove it, it's likely that adjustment of status is the more appropriate route. Instead of getting a visa, the alien would get a Green Card directly in the US. This would allow the alien to remain inside the US for the duration of the process. Overstays aren't an issue, as long as the alien stays inside the US until the green card is issued.

But either route is possible, and the right choice depends on personal circumstances and details which haven't been presented here.


04 Apr, 2004: Got married

05 Apr, 2004: I-130 Sent to CSC

13 Apr, 2004: I-130 NOA 1

19 Apr, 2004: I-129F Sent to MSC

29 Apr, 2004: I-129F NOA 1

13 Aug, 2004: I-130 Approved by CSC

28 Dec, 2004: I-130 Case Complete at NVC

18 Jan, 2005: Got the visa approved in Caracas

22 Jan, 2005: Flew home together! CCS->MIA->SFO

25 May, 2005: I-129F finally approved! We won't pursue it.

8 June, 2006: Our baby girl is born!

24 Oct, 2006: Window for filing I-751 opens

25 Oct, 2006: I-751 mailed to CSC

18 Nov, 2006: I-751 NOA1 received from CSC

30 Nov, 2006: I-751 Biometrics taken

05 Apr, 2007: I-751 approved, card production ordered

23 Jan, 2008: N-400 sent to CSC via certified mail

19 Feb, 2008: N-400 Biometrics taken

27 Mar, 2008: Naturalization interview notice received (NOA2 for N-400)

30 May, 2008: Naturalization interview, passed the test!

17 June, 2008: Naturalization oath notice mailed

15 July, 2008: Naturalization oath ceremony!

16 July, 2008: Registered to vote and applied for US passport

26 July, 2008: US Passport arrived.

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Filed: IR-1/CR-1 Visa Country: Canada
Timeline

Thank you for clarifying LucyRich.

I guess one key factor here is whether the alien spouse of the OP intended to stay in the states while filing for a spouse-based visa or if they were going to return to the home country after filing.


CR1 application

I-130: 03/26/2007-07/02/2007 at NSC

NVC: 07/20/2007-11/08/2007

Interview at Montreal Consulate: 01/18/2008

(2 months' additional security checks)

Received Green Card: 05/12/2008

Removal of Conditions

I-751: 2/25/10-

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