A Little Confused RE CR1/IR1/K3

[redpixie 0]

Hi guys,

It's been quite a while since I last posted a question on here.

So, here's the situation. My husband (yay!) and I got married in Sept 08, after we went down the K-1 route with the I129F. We married in Galveston, Texas (the day before Ike hit the island and we were vacated from our honeymoon ) and we have been living just outside Houston since then. Due to the main problem a lot of folks are facing right now (finances), we have had to save hard to get the fund built up to get the AoS/K-3 sorted out. We're there now and ready to make the move to getting the visa sorted out.

I'm having trouble now trying to found out the best course of action to take. I've read through the forums here and have noticed a lot of posts about the K-3 becoming obsolete. I believe, from trying to piece things together, that we should now try for either the CR1 (if we apply now) or IR1 (if we wait a few more month until our second anniversary). I'm wondering what the best thing is to do.

I have also read that applying for the CR1/IR1 comes with a lot less paperwork and significantly less cash to pay out. While the money issue isn't a problem, as we saved for the I-485 (I believe), I'm not sure exactly what we need to file for now.

My concern is that the CR1 is based on couples where one person lives outside the US. Well, I've been here with my hubby since July 08. We married in time, so the legality is not a concern. My worry is that if we go for the CR1/IR1, I'll have to go back home and file/interview from there. That's problematic as I have no family or friends I could stay with while that goes through. Besides, I don't want to be seperated from my beloved for even a day.

Also, what paperwork EXACTLY, in all totallity, is required for the CR1? Again a little confused there. Some places are saying i-130, bio and affadavit, others are saying 1-130, 1-129f, bio and affs. Is there anything other? Also, is the total cost for going down this route really just $355 or is there more to pay for filing. I know that we might have to do the medicals, etc again, but I'm asking with regards to filing fees.

What would be the deal with the AoS once we're into the i-130 process? Do we still need to go for the i-485, or is everything covered with the cr1/ir1?

Any help would be much appreciated as we're really looking to get this sorted out as soon as possible.

Thanks in advance!

[Darnell 8,478]

I-130 petition, filed to Chicago Lockbox, results in CR-1 or IR-1 visa, with subsequent 2 year or 10 year greencard, respectively. The foreign spouse resides outside of the country until after a successful interview at an Embassy/Consulate, then comes to the USA on that CR-1 or IR-1 visa. There is additional processing to be done after I-130 approval, at NVC, for I-864 and DS-230 forms. (see http://www.visajourney.com/content/i130guide1 )

1 If the foreign spouse resides in USA - then usually ppl will file the AOS package (please read the guide at http://www.visajourney.com/content/i130guide2 ) . Usually an overstay is forgiven when AOS is granted. Usually.

One option available now, is to file the I-130 for the IR-1/CR-1 petition, then when NVC processing is completed, have the foreign spouse return to his/her country to interview at a US Embassy. MIGHT have a problem when leaving the country, as there will be an overstay notice when leaving the USA.

So - read up on those 2 guides, decide what you'd like to do. The K-3 is effectively dead, see http://www.visajourney.com/news/2010/02/07/department-of-state-to-close-k-3-visas-if-i-129f-and-i-130-petitions-approved-and-received-together/

On a different note - since you DID fulfill the onus to get married within 90 days for the K-1 visa, you MIGHT be able to file __THAT__ AOS packet (see http://www.visajourney.com/content/k1k3aos ) . IMO, you'll need to substantiate exactly WHY you waited so long to file THIS AOS package (IKE wiped you out) and pray that some USCIS drone/adjudicator will see you in a 'better light' than most K-1 visa holders who do not adjust AOS after the 1st year.

If you need free immigration legal advice in Houston - there are several clinics that meet throughout the month, where immigration attornies 'donate' 5 to 10 hours of their time, each month, to answer questions about immigration cases (no, they won't represent you with USCIS, they just answer questions).

If you feel you need legal representation to handle any red flags or overstays, by all means get an immigration attorney. Visa Journey is great place for Do-It-Yourself, but if you feel yer case has severe red flags on it, most of us, here, won't be able to assist (a lawyer is useful, at that point) for the ENTIRE casefile (most of the casefile, but that overstay without AOS is gonna bite you, IMO )

Good Luck, whatever you decide to do ! I think yer best bet will be to go through 1 , IMO that overstay will be forgiven.

Edited June 2, 2010 by Darnell

[hxxrmonkey 0]

I'm with Darnell, file AOS and hope they forgive the time lapse.

[redpixie 0]

Thanks for the replies. It has been helpful:)

I actually read on a different visa legal website that, although it is recommended that you file for the AOS as soon as possible, there really is no definiate time line on when you should apply. Basically, they said on the other site that fulfilling the requirement to marry within the 90 day period was the only obligation with regards to applying for the AOS on any time frame. I hope that's right, considering it was a visa lawyer info site (I'll try and find the link and post it here).

Basically, I think we're going to try and go for the AOS as I'm in the US. We married before the 90 days were up and we really don't want to be seperated, even for a day. On top of that, as I said before, our life is here. There's no-one at home we could stay with, as we would go together, if we went down an alternate route, so the K-3/AOS is the way to go for us.

We're going to start on the forms the next few weeks here and take it from there.

It's just a shame that life gets in the way and I know that a heck of a lot of people can't afford to spend the $1500+ right after getting married and both relocating. I mean, it's a sign of the times. We're almost all suffering with the economy and it's pretty understandable that most people can't get such a substantial amount together when there's other things you need to pay to just live day to day.

Anyway, thanks again for the advice and I'll keep you posted.

[Darnell 8,478]

Yup - there is NO REGULATION for 'when to file for AOS'.

Only a reg for 'marry within 90 days'.

This is not a 'K-3/AOS', btw. This is a 'K-1/AOS' - unless yer hiding a K-3 in yer pocket somewhere, and haven't told us about it.

FWIW - The I-485 fee is 1010, currently, and if EAD and AP is filled at same time, those FEES for I-131 and the EAD are waived. There will be some other medical fees for a civil surgeon, though.

Good to hear back from you !

[redpixie 0]

Yup - there is NO REGULATION for 'when to file for AOS'.

Only a reg for 'marry within 90 days'.

This is not a 'K-3/AOS', btw. This is a 'K-1/AOS' - unless yer hiding a K-3 in yer pocket somewhere, and haven't told us about it.

FWIW - The I-485 fee is 1010, currently, and if EAD and AP is filled at same time, those FEES for I-131 and the EAD are waived. There will be some other medical fees for a civil surgeon, though.

Good to hear back from you !

Phewwwie! Glad for the confirmation that there's no specific timeline for the AOS in our situation. Despite all the hurricane hardships, we did get married within the 90 days, so we're good there. (TS Edvard hit the day we got our wedding permit, cancelled initial wedding date and TS Gustav hit that day and finally married on Galeston the day before Ike hit! Yes, it was a weird time there!)

Yeah, I guess this would be a K1-AOS. We got the K1 and married, so it's the AOS as a completion to that. I thought we had to convert it to a K-3 or whatever, but I guess not as we married here legally and have been living here legally. Just confused now about the forms to file. If we fill in the I-485 and also the AP and EAD all together, the AP and EAD fees are waived, is that right? Also, do we still need to file the I-130? I can't find much info that really makes crystal clear sense about fees/forms, etc. There's a lot of convoluted and conflicting info online, so it's pretty confusing. Also, we don't want to use a lawyer as that will raise the price up to a point where we couldn't afford to pay for the AOS!

As for the medical, I guess I'm going to have to go for another as mine was in Dec 07 (I think). I do have the vac info up to date here and have had no serious illness since (other than that nasty bout of flu last April). Shouldn't be so bad though as I think that's around $100, and that's pretty affordable.

Well, I'll keep you posted and thanks for getting back to me and putting my mind at rest!

Take care

[sachinky 464]

You entered on a K-1 and got married to your original petitioner within 90 days, yes?

Go ahead and file for AOS. Good luck!

[Darnell 8,478]

redpixie - follow this Guide - http://www.visajourney.com/content/k1k3aos

no I-130 to file.

and think about moving from Hurricane Area to Tornado Area? Kansas City is nice, I hear??? (For Tornadoes )

FWIW, the GUIDES are clear - maybe have a glance on the Subject TOC - and pick one that applies to you ?

http://www.visajourney.com/content/guides

[pushbrk 12,154]

Hi guys,

It's been quite a while since I last posted a question on here.

So, here's the situation. My husband (yay!) and I got married in Sept 08, after we went down the K-1 route with the I129F. We married in Galveston, Texas (the day before Ike hit the island and we were vacated from our honeymoon ) and we have been living just outside Houston since then. Due to the main problem a lot of folks are facing right now (finances), we have had to save hard to get the fund built up to get the AoS/K-3 sorted out. We're there now and ready to make the move to getting the visa sorted out.

I'm having trouble now trying to found out the best course of action to take. I've read through the forums here and have noticed a lot of posts about the K-3 becoming obsolete. I believe, from trying to piece things together, that we should now try for either the CR1 (if we apply now) or IR1 (if we wait a few more month until our second anniversary). I'm wondering what the best thing is to do.

I have also read that applying for the CR1/IR1 comes with a lot less paperwork and significantly less cash to pay out. While the money issue isn't a problem, as we saved for the I-485 (I believe), I'm not sure exactly what we need to file for now.

My concern is that the CR1 is based on couples where one person lives outside the US. Well, I've been here with my hubby since July 08. We married in time, so the legality is not a concern. My worry is that if we go for the CR1/IR1, I'll have to go back home and file/interview from there. That's problematic as I have no family or friends I could stay with while that goes through. Besides, I don't want to be seperated from my beloved for even a day.

Also, what paperwork EXACTLY, in all totallity, is required for the CR1? Again a little confused there. Some places are saying i-130, bio and affadavit, others are saying 1-130, 1-129f, bio and affs. Is there anything other? Also, is the total cost for going down this route really just $355 or is there more to pay for filing. I know that we might have to do the medicals, etc again, but I'm asking with regards to filing fees.

What would be the deal with the AoS once we're into the i-130 process? Do we still need to go for the i-485, or is everything covered with the cr1/ir1?

Any help would be much appreciated as we're really looking to get this sorted out as soon as possible.

Thanks in advance!

Visas are used to enter countries. Your spouse is already here and entered legally on last arrival. Follow the Adjustment of Status guide. Overstay of the 90 days allowed on the K1 visa will be forgiven as long as you are still in a legitimate marriage and your spouse has remained in the USA. No new "visa" is needed.

[SPSguy 18]

Visas are used to enter countries. Your spouse is already here and entered legally on last arrival. Follow the Adjustment of Status guide. Overstay of the 90 days allowed on the K1 visa will be forgiven as long as you are still in a legitimate marriage and your spouse has remained in the USA. No new "visa" is needed.

I have a freind that has been in this situation for almost 10 years now. She and her husband married within 90 days of POE on a K1. Due to financial circumstances and low income ( plus lack of joint sponsorship ) her USC husband's I 864 has been denied. This freind has since given birth to two children and has made it even more difficult for the USC husband to meet the poverty benchmark.

Their relationship is legitimate, caveat, the absence of an approved I 864 the wife has no greencard. The wife has received EAD but has been unable to find work while also caring for their two new children.

It's possible that they may continue to be "out of status" for a long time unless someone steps in as a joint sponsor.

SO YES, in this case, OP should move ahead with adjustment of status.

[redpixie 0]

I have a freind that has been in this situation for almost 10 years now. She and her husband married within 90 days of POE on a K1. Due to financial circumstances and low income ( plus lack of joint sponsorship ) her USC husband's I 864 has been denied. This freind has since given birth to two children and has made it even more difficult for the USC husband to meet the poverty benchmark.

Their relationship is legitimate, caveat, the absence of an approved I 864 the wife has no greencard. The wife has received EAD but has been unable to find work while also caring for their two new children.

It's possible that they may continue to be "out of status" for a long time unless someone steps in as a joint sponsor.

SO YES, in this case, OP should move ahead with adjustment of status.

Thanks for all of the replys guys That's all been really helpful. I'm going to check out the links in a moment, so I'll be in a better position to understand all we need to file.

It is actually good to hear about your friend's situation SPSguy. Not that the situation is good, but that there's no real problem with the amount of time. For us, because of the situation, we are living with my inlaws right now and they are going to act as the joint sponsors for us. They did the same for us with the K-1 application. That's not a problem, other than my mum (in law..more like a real mom) saying "ohh noo" when I told her that all those form had to filled in again:).

Again, we're fine in terms of not overstaying on the K-1. We did marry within the 90 day time frame, so that's all good. Yes, we're still very much together and going strong. Hoping for the situation on the finances to change very soon so we can get into a place of our own and hopefully start a family within the next year.

I'll have a read over the links and post more if I need clarification on points. Thanks again for all the help. It is much appreciated!