Stupid Question

[MrsGrieves 0]

I was advised over in the K-3 forum that for my particular situation, a CR-1 visa would be more appropriate. I saw on the USCIS timetable that I-130's are taking about 5 months to be processed. I'm a little confused as to the difference...I know that the I-130 is the form you fill out, and the CR-1 is the visa thats given, and I (vaguely) understand that after the I-130 is approved, an interview must be scheduled for my husband back in France. Am I correct so far? How long does it generally take to get an interview, and once you do have an interview, assuming you're approved, how long afterwards can he travel to the US as a resident?

[lgg 2]

Go for the CR-1 . It's less expensive and your husband will have a green card immediately. IT does not take too much longer and is the far superior visa. File the I-130, once that's approved then you'll send a ds 230 and an AOS to the NVC and then he'll interview at the consolate in France. if approved, he'll have his visa in about a week, don't know about France though and then have 6 months to move to the US.

Please read the guides but as far as I know the K3 is becoming obsolete and you'd be far better off with the CR1. Best of luck to you. If you've filed an I130 already, you're already on your way.

I was advised over in the K-3 forum that for my particular situation, a CR-1 visa would be more appropriate. I saw on the USCIS timetable that I-130's are taking about 5 months to be processed. I'm a little confused as to the difference...I know that the I-130 is the form you fill out, and the CR-1 is the visa thats given, and I (vaguely) understand that after the I-130 is approved, an interview must be scheduled for my husband back in France. Am I correct so far? How long does it generally take to get an interview, and once you do have an interview, assuming you're approved, how long afterwards can he travel to the US as a resident?

[imaisha 0]

USCIS updates their timeframes every month and you should be sure to check them regularly. Right now they say 5 months but it can take longer. Giving them the benefit of the doubt and assuming you are prepared for every step, you can plan on:

USCIS: 5-7 months

NVC: 1-2 months

Interview wait: 1-2 months

The visa will be valid for 6 months and he will be a permanent resident upon entry. Once you have prepared the I-130 be sure to begin reading over the LingChe shortcuts so that you are prepared for NVC as soon as you are approved. You can find them here: http://www.visajourney.com/wiki/index.php/...he_NVC_ShortCut

Good luck!

[Malrothien 6]

To give you an idea of how varied USCIS is - my I130 for our IR1 visa was approved in 9 days. Others are upwards of 300.

[222halo 0]

USCIS updates their timeframes every month and you should be sure to check them regularly. Right now they say 5 months but it can take longer. Giving them the benefit of the doubt and assuming you are prepared for every step, you can plan on:

USCIS: 5-7 months

NVC: 1-2 months

Interview wait: 1-2 months

The visa will be valid for 6 months and he will be a permanent resident upon entry. Once you have prepared the I-130 be sure to begin reading over the LingChe shortcuts so that you are prepared for NVC as soon as you are approved. You can find them here: http://www.visajourney.com/wiki/index.php/...he_NVC_ShortCut

Good luck!

Also, there is a more CR-1 Specific guide which I found to be more thorough than LingChe's guide. Both are good tho.

http://www.visajourney.com/wiki/index.php/...nited_States%3F

Good luck!

Andy & Kim

[MrsGrieves 0]

Ugh, I knew I shouldn't have gotten as excited as I had. I saw five months on the USCIS site but I didn't realize it transfered somewhere else.

Maybe a little more information would be helpful. I met my husband while he was in the US on a J-1 Intern Visa. He does not have the two year residencey requirement. We just married on July 9th, and are waiting for our marriage certificate to send the I-130 in. The company he interned with back in Pittsburgh has filed for an H1-B for him, and he'll have news on that approval later this summer...end of August/beginning of September. My original question in the K-3 forum was about wether or not applying for an I-130/Cr-1 would have any impact on his H1-B, or vice versa. We considered waiting for the news on the H1B but I know even just another month or two to file could potentially delay our processing far longer than a month or two. So I'm curious if there are any issues with filing a CR-1 while an H1B is being processed and just doing adjustment of status later on down the road, after his first 90 days on the H1B. I don't know how sure of a thing the H1B's are, but I know there was no cap issued this year. The earliest he could be here, in that case, is October...but his company likely can't bring him till January. My biggest concern with waiting until January, is if by the time January comes around, the company doesn't want to or can't bring him over at that point. Then we'd be even further behind...and I don't know if my heart can take all this waiting just piling up!

Thank you for the tips and guides you posted, everyone. I've read the main CR1 guide but its all kind of jibberish to me...I'm still getting used to all the abbreviations for everything. There doesn't happen to be a key of all the abbreviations around, is there?

[Kenza 1]

im not 100 % sure but i dont think you can have 2 visas processing. I would suggest not relying on the H1B and just file for the CR1. I filed this past january and my interview is in august-although I did have a couple RFEs that delayed my case. But at least you will be sure with the CR1. good luck and there is another woman (parisheart-beth) who is filing CR1 and going through Paris. message me if you need anything!

[MrsGrieves 0]

im not 100 % sure but i dont think you can have 2 visas processing. I would suggest not relying on the H1B and just file for the CR1. I filed this past january and my interview is in august-although I did have a couple RFEs that delayed my case. But at least you will be sure with the CR1. good luck and there is another woman (parisheart-beth) who is filing CR1 and going through Paris. message me if you need anything!

Thanks for your reply, Kenza. Thanks also for the name of someone else going through the process...I notice there aren't too many frenchie couples around here, so thats a huge help. Perhaps I'll take a peek at her timeline and maybe shoot her a PM.

So if you can't process two visas at the same time, how could I possibly file for CR-1 since his H1-B is still processing? I don't think either of us have the power to cancel that visa, since his employer and their attorneys are the one who filed for it, not us (well, him). I'll try and look into this further, but it seems a little silly to cancel a visa thats so close to being approved, if this is, indeed the case. I guess in that case we'll just have to wait another month or so to file CR-1. Perhaps he can find another position in the US that would pay for his H1B transfer and we could be together prior to October.

Also, is there any issue with me going to France for a substantial period of time? My mail would be coming to my moms house (since she's planning on co-sponsoring, and I'm a live-in nanny and am not sure how long my address will be the same). Once our marriage is legalized under French Law, I qualify for a family visa and can travel to France for quite some time. Is there anything keeping me from doing this?

[BunzTheMagicSnail 2]

To give you an idea of how varied USCIS is - my I130 for our IR1 visa was approved in 9 days. Others are upwards of 300.

congrats on your speedy approval!

looks like vermont might be picking up again or maybe you're just very blessed

[txladykat 1]

if you are already going to france for a substantial period of time, why not stay months and file DCF?

Oh, and yes, you cannot have two visas processing at the same time. If you begin a new one, you must take steps to abandon the first one. Even though the employer filed it, your husband should be able to contact USCIS and abandon the process.

[WhidbeyGirl 1]

Ugh, I knew I shouldn't have gotten as excited as I had. I saw five months on the USCIS site but I didn't realize it transfered somewhere else.

Maybe a little more information would be helpful. I met my husband while he was in the US on a J-1 Intern Visa. He does not have the two year residencey requirement. We just married on July 9th, and are waiting for our marriage certificate to send the I-130 in. The company he interned with back in Pittsburgh has filed for an H1-B for him, and he'll have news on that approval later this summer...end of August/beginning of September. My original question in the K-3 forum was about wether or not applying for an I-130/Cr-1 would have any impact on his H1-B, or vice versa. We considered waiting for the news on the H1B but I know even just another month or two to file could potentially delay our processing far longer than a month or two. So I'm curious if there are any issues with filing a CR-1 while an H1B is being processed and just doing adjustment of status later on down the road, after his first 90 days on the H1B. I don't know how sure of a thing the H1B's are, but I know there was no cap issued this year. The earliest he could be here, in that case, is October...but his company likely can't bring him till January. My biggest concern with waiting until January, is if by the time January comes around, the company doesn't want to or can't bring him over at that point. Then we'd be even further behind...and I don't know if my heart can take all this waiting just piling up!

Thank you for the tips and guides you posted, everyone. I've read the main CR1 guide but its all kind of jibberish to me...I'm still getting used to all the abbreviations for everything. There doesn't happen to be a key of all the abbreviations around, is there?

5 months is a possibility we sent in our I-130 on 2/23 and our interview is just 2 weeks away - so 5 1/2 months for us and we are going through Africa which is under a bit more scrutiny.

[MrsGrieves 0]

if you are already going to france for a substantial period of time, why not stay months and file DCF?

Oh, and yes, you cannot have two visas processing at the same time. If you begin a new one, you must take steps to abandon the first one. Even though the employer filed it, your husband should be able to contact USCIS and abandon the process.

I think we're just going to wait and see what happens with the H1-B...it would be silly to abandon that now, as he's expecting notice any day now about his approval. Me going to France depends on him finding a job that can support both of us. I'm filing for my Carte de Sejour and Livret de Familie (French Visa stuff) anyways though, just in case. But the H1-B could have us together as soon as October or as late as January, which I feel in either instance is quicker than a CR-1. If its not approved we'll file for CR-1 right away, or see what happens with France.

[Kenza 1]

if you are already going to france for a substantial period of time, why not stay months and file DCF?

Oh, and yes, you cannot have two visas processing at the same time. If you begin a new one, you must take steps to abandon the first one. Even though the employer filed it, your husband should be able to contact USCIS and abandon the process.

I think we're just going to wait and see what happens with the H1-B...it would be silly to abandon that now, as he's expecting notice any day now about his approval. Me going to France depends on him finding a job that can support both of us. I'm filing for my Carte de Sejour and Livret de Familie (French Visa stuff) anyways though, just in case. But the H1-B could have us together as soon as October or as late as January, which I feel in either instance is quicker than a CR-1. If its not approved we'll file for CR-1 right away, or see what happens with France.

sounds good! If the h1B visa doesnt work out, you can 1) go live with him in France and file DCF or 2) stay in the states and file CR1.

I know all of this stuff is confusing, stressful, and time consuming but youre not alone!

[MrsGrieves 0]

How long does DCF generally take once started? I know I have to actually reside in France for 6 months before filing, but after that, how long does it usually take from start to finish?