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jj_154

DCF and Visa Type/AOS question

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Filed: Lift. Cond. (apr) Country: Japan
Timeline

We are going the DCF (Tokyo) route and it's starting to look like (praying) that everything is going to work out. So, I am starting to think about our move to the U.S. I was reading other sections of this website and I am confused about the DCF process a little. For those who do DCF what visa type will your spouse get, e.g., K-3 etc. When we get to the U.S., do we need to go through an adjustment of status? Or is all that stuff related to other non-DCF visa types?

Thanks,

John

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Filed: Citizen (apr) Country: Ireland
Timeline

You will get a CR1 if married less than 2 years, or an IR1 if married more than 2 years. As far as I know, the K3 is not available through DCF.

The only difference between the two DCF available visas is that with the CR1, you will need to adjust status after 2 years, whereas with the IR1, you get the ten year green card, so you don't need to adjust status and can simply go for naturalisation after 3 years.


Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

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Filed: Lift. Cond. (apr) Country: Japan
Timeline
You will get a CR1 if married less than 2 years, or an IR1 if married more than 2 years. As far as I know, the K3 is not available through DCF.

The only difference between the two DCF available visas is that with the CR1, you will need to adjust status after 2 years, whereas with the IR1, you get the ten year green card, so you don't need to adjust status and can simply go for naturalisation after 3 years.

For the CR1, do you mean we have to adjust status 2 years after receiving the visa or after our marriage passes the two year mark. We have been married about a year now, so we will get the CR1 based on what you said.

Thanks,

John

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Filed: Timeline
For the CR1, do you mean we have to adjust status 2 years after receiving the visa or after our marriage passes the two year mark. We have been married about a year now, so we will get the CR1 based on what you said.

Thanks,

John

If at the time you activate your visa you have been married for less than 2 years, you will receive a 2 year conditional greencard and later on you would apply to remove conditions and receive a 10 year greencard. If you have been married for more than 2 years, you will receive a 10 year green card, with no need to remove conditions. In both cases, you can apply for citizenship within 3 years of becoming a permanent resident.

Adjustment of Status does not apply to either of the visas which result from DCF.

Hope this helps, L.

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For the CR1, do you mean we have to adjust status 2 years after receiving the visa or after our marriage passes the two year mark. We have been married about a year now, so we will get the CR1 based on what you said.

Thanks,

John

If at the time you activate your visa you have been married for less than 2 years, you will receive a 2 year conditional greencard and later on you would apply to remove conditions and receive a 10 year greencard. If you have been married for more than 2 years, you will receive a 10 year green card, with no need to remove conditions. In both cases, you can apply for citizenship within 3 years of becoming a permanent resident.

Adjustment of Status does not apply to either of the visas which result from DCF.

Hope this helps, L.

Yep, that's right. I'll add a bit more clarification to be on the safe side! :)

You will definitely not have to worry about adjustment of status if your wife receives the CR1 visa through DCF. If you enter the US after your two wedding anniversary, your wife should receive a 10 year green card (I would point it out if the officer doesn't do it automatically), which means you do not even have to worry about removing conditions. If you enter the US before your second wedding anniversary, your wife will receive a two year green card. She will be a normal permanent resident with all the same rights - she would just have to remove conditions (not adjust status) two years after entering the US with the visa.


My Crafting Blog - On a Roll - Blogspot

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_______________________________________________________

US Immigration Timeline

-------------------------

24 Feb 2007 - Sent I-130 to London USCIS office (I'm the petitioner)

25 May 2007 - NOA2

2 June 2007 - Received Packet 3

12 Oct 2007 - Sent Packet 3 back by special delivery

5 Nov 2007 - Interview in London - Approved without any hitches!

7 Nov 2007 - Visa and MBE arrived by SMS! :)

30 Jan 2008 - Fly to Michigan!! :)

*Note: Any delays in our case are only due to us taking things slowly

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