Jump to content
Sign in to follow this  
KeriO

Can you file for CR-1 while husband is in the USA visiting?

11 posts in this topic

Recommended Posts

My husband is coming here the beginning of Sept for the birth of our child. He will be here for 6 weeks. I dont think we should file the i-130 before he gets here in case the immigration officer gives him a hard time. (He has a B1/B2) Can I file for his CR-1 as soon as he gets here or is he not able to be in the country at all while filing?

Also what forms can I send with the i-130? G-325A for both of us, I know. But can I send the I-485 as well. I have all documents needed so I would like to file as much a I can together if possible.

Thanks

Share this post


Link to post
Share on other sites
My husband is coming here the beginning of Sept for the birth of our child. He will be here for 6 weeks. I dont think we should file the i-130 before he gets here in case the immigration officer gives him a hard time. (He has a B1/B2) Can I file for his CR-1 as soon as he gets here or is he not able to be in the country at all while filing?

Also what forms can I send with the i-130? G-325A for both of us, I know. But can I send the I-485 as well. I have all documents needed so I would like to file as much a I can together if possible.

Thanks

Yes you can file while he is there.

I'm not sure why you would be sending an I-485? That is for adjustment of status and you are doing the CR1 or IR1 I assume?

Share this post


Link to post
Share on other sites
YES YOUR RIGHT, i DIDNT MEAN TO TYPE I-485. SORRY! SO WHEN HE GETS HERE WE WILL BE FILING THE I-130 AND THE G-325A'S FOR HIM TO GET THE CR-1. IS THERE ANY OTHER FORMS WE CALL SEND TO SPEED UP THE PROCESS.

Speed up the process?... :lol:


YMMV

Share this post


Link to post
Share on other sites
YES YOUR RIGHT, i DIDNT MEAN TO TYPE I-485. SORRY! SO WHEN HE GETS HERE WE WILL BE FILING THE I-130 AND THE G-325A'S FOR HIM TO GET THE CR-1. IS THERE ANY OTHER FORMS WE CALL SEND TO SPEED UP THE PROCESS.

No, you just have to present forms and documents as they ask for them.

Share this post


Link to post
Share on other sites
YES YOUR RIGHT, i DIDNT MEAN TO TYPE I-485. SORRY! SO WHEN HE GETS HERE WE WILL BE FILING THE I-130 AND THE G-325A'S FOR HIM TO GET THE CR-1. IS THERE ANY OTHER FORMS WE CALL SEND TO SPEED UP THE PROCESS.

Speed up the process?... :lol:

OK, she is a newbie and she still has no idea what is going to happen from now on. We are here for help and friendship, not to be mean and sarcastic to new members, right? Just because we've already been there, done that, doesn't mean anything... :yes:

img_8433_the_wizard.jpg


bulgaria_mwp.gifusa_mwp.gif

CSC USCIS ~CR-1 Visa~ Journey

2009-02-19 : I-130 package sent_________________2009-02-20 : I-130 Received in Chicago, IL

2009-02-27 : NOA1 Approved____________________2009-05-04 : NOA2 Approved

NVC ~CR-1 Visa~ Journey

2009-05-11 : NVC case # assigned

2009-05-19 : DS-3032/AOS Bill Generated__________2009-05-20 : DS-3032 e-mailed; AOS/I-864 Bill (paid online $70)

2009-05-26 : Sent In Completed I-864

2009-06-04 : e-mailed DS-3032 accepted by NVC____2009-06-04 : IV Fee bill generated, paid online $400

2009-06-08 : DS-230 mailed to NVC

2009-07-10 : Case complete - in 141 days

2009-07-21 : Interview expedite request e-mailed to NVC

2009-07-27 : NVC replied NO to expedite request

2009-07-29 : NVC e-mailed an interview date for Sept.15th

2009-08-07 : Case left NVC

2009-08-10 : DHL shipped file

2009-08-12 : Case received in USEM, Sofia

2009-08-24 : Medical scheduled

2009-08-25 : Interview re-scheduled

2009-08-28 : Visa in hand

2009-09-01 : US entry - Boston, MA

2009-09-15 : Welcome letter sent (21st Sept received)

2009-09-30 : GC production ordered

2009-10-08 : GC received

2010-02-01 : little D was born :)

VSC ~ROC~ Journey

2011-06-03 : mailed ROC package

2011-06-06: ROC NOA1

2011-07-08: Biometrics appointment

2012-02-25: GC Approval

2012-03-....: PGC received

Share this post


Link to post
Share on other sites
YES YOUR RIGHT, i DIDNT MEAN TO TYPE I-485. SORRY! SO WHEN HE GETS HERE WE WILL BE FILING THE I-130 AND THE G-325A'S FOR HIM TO GET THE CR-1. IS THERE ANY OTHER FORMS WE CALL SEND TO SPEED UP THE PROCESS.

Speed up the process?... :lol:

:thumbs::wacko: ....speed up the process...ummmm...anything is possible....

Share this post


Link to post
Share on other sites
YES YOUR RIGHT, i DIDNT MEAN TO TYPE I-485. SORRY! SO WHEN HE GETS HERE WE WILL BE FILING THE I-130 AND THE G-325A'S FOR HIM TO GET THE CR-1. IS THERE ANY OTHER FORMS WE CALL SEND TO SPEED UP THE PROCESS.

Speed up the process?... :lol:

OK, she is a newbie and she still has no idea what is going to happen from now on. We are here for help and friendship, not to be mean and sarcastic to new members, right? Just because we've already been there, done that, doesn't mean anything... :yes:

img_8433_the_wizard.jpg

You are so right !!! :thumbs:


Dec 15,2009 - Assigned interview date on January 24,2010!!

Jan. 24, 2010 - Interview!! Approved

Jan. 28, 2010 - VISA received

Mar. 03,2010 - POE, New York (JFK)

Apr. 12,2010- CA ID

May 20,2010- CA Driving License

May, 25,2010-Wife told me that she is pregnant ^_^

Jan.25,2011- Our daughter was born

Lee and Jen + Karenza

Share this post


Link to post
Share on other sites
My husband is coming here the beginning of Sept for the birth of our child. He will be here for 6 weeks. I dont think we should file the i-130 before he gets here in case the immigration officer gives him a hard time. (He has a B1/B2) Can I file for his CR-1 as soon as he gets here or is he not able to be in the country at all while filing?

Also what forms can I send with the i-130? G-325A for both of us, I know. But can I send the I-485 as well. I have all documents needed so I would like to file as much a I can together if possible.

Thanks

While reading some reviews in this forum, I think you can't file for Cr-1 Visa while he is in the States for tourist visa.

But if he is in the States for K visa or fiance visa, I think you can file for adjustment of status 90 days before your second year wedding anniversary, but i'm not sure.

Also visit this site http://travel.state.gov/visa/immigrants/ty...types_1309.html.


Dec 15,2009 - Assigned interview date on January 24,2010!!

Jan. 24, 2010 - Interview!! Approved

Jan. 28, 2010 - VISA received

Mar. 03,2010 - POE, New York (JFK)

Apr. 12,2010- CA ID

May 20,2010- CA Driving License

May, 25,2010-Wife told me that she is pregnant ^_^

Jan.25,2011- Our daughter was born

Lee and Jen + Karenza

Share this post


Link to post
Share on other sites
My husband is coming here the beginning of Sept for the birth of our child. He will be here for 6 weeks. I dont think we should file the i-130 before he gets here in case the immigration officer gives him a hard time. (He has a B1/B2) Can I file for his CR-1 as soon as he gets here or is he not able to be in the country at all while filing?

Also what forms can I send with the i-130? G-325A for both of us, I know. But can I send the I-485 as well. I have all documents needed so I would like to file as much a I can together if possible.

Thanks

While reading some reviews in this forum, I think you can't file for Cr-1 Visa while he is in the States for tourist visa.

But if he is in the States for K visa or fiance visa, I think you can file for adjustment of status 90 days before your second year wedding anniversary, but i'm not sure.

Also visit this site http://travel.state.gov/visa/immigrants/ty...types_1309.html.

I don't see any reason why you couldn't file the I-130 while he was visiting, as long as he intends to leave the US before his valid (visitors?) visa runs out. Then continue the process while he's in his own country. You're obviously worried that he might get a hard time from immigration when visiting for the birth of your child, but that can happen at any time, whether applied for a CR1 or not. My i-130 has been approved and I'm waiting for an interview date...and I've been to the US twice since we first filed and have just took proof of ties to England, like letter from employer and a letter from my landlord saying I still have a home here and answered any questions honestly. The process for CR1 isn't fast so why waste an extra couple of months when the process could be started.


I-130

Met in the US: 2002

Married : 2007-08-03

I-130 Sent : 2007-08-13

I-130 NOA1 : 2007-09-26

Abandoned application and OH moved to the UK.

April 2009 starting all over again DCF this time.

Marriage : 2007-08-03

I-130 Sent : 2009-05-02

I-130 NOA1 : 2009-05-06 (no receipt received this is the date the money was taken from credit card)

RFE: 2009-06-02. Credit card receipts and dreaded RFE's.

RFE replied to: 2009-06-04. Hoping they have everything they need

NOA2 approved: 2009-06-11.

NOA2 received: 2009-06-15.

Packet 3 received: 2009-06-17.

Packet 3 returned: 2009-06-17.

Medical booked for July 13th.

Medical done, passed pending xray and blood tests.

July 13th: Still waiting for interview date...phoned DOS and they said everything is in order and we're eligible for an interview and to be patient...back to waiting.

Called DOS again 17th July, they said we have an interview date whoop!!

Interview: July 29th (hubby's birthday) WOOHOO!! Visa approved

SMS message 31st July saying visa will be delivered on Monday.

August 1st: Visa here!!!! whoop whoop!

So much left to do...but the worst is over :)

September 14th: POE Chicago

Share this post


Link to post
Share on other sites

Hi there and welcome.

I think you can do it but best to call and ask? I did a similar thing, well my US husband was visiting me in Australia (and still is til next week) when we filed our cr1 so I called the US embassy to make sure it was ok, turns out it's fine as long as I'm in Australia for the final process...

Good luck!

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
Sign in to follow this  
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×