Jump to content
Sign in to follow this  
Pejo

Determining CR-1 Is Best Choice

5 posts in this topic

Recommended Posts

Hello,

My Fiancee and I are just about to get married and begin the paperwork for our immigration. I have been following this forum for about 7 months now and felt I had a good idea of what needs to be done for this process. I hadn't planned on using an immigration lawyer; however, we get free consultation due to her Mother working at Microsoft. After talking to him, I ran into a conflict of information.

We were discussing the different ways of being able to immigrate into the US. The first option was for us to marry, for me to remain in Canada and to have her fill out the I-130 and file that. During this time, it would be quite difficult for me to travel to the US; however, after this is done, I'll have my full green card and will not have to worry about EAD and APA's. This is the standard CR-1 process if I am correct. The second option which her family is heavily leaning towards is for me to wait until August (Graduating University) to travel down there, we'd get married and I'd stay there while we file the I-130 and immediately file for an Adjustment of Status. In this time, I would be unable to travel back or get work until my EAD goes through. I am pretty sure this is Visa Fraud because of intent when we interview at NVC and will lead to a lot more trouble than it is worth but I need to be sure. I just don't understand why an immigration lawyer would recommend this.

Little bit of background: My fiancee is American and I am Canadian. We have been dating for 4 and a half years and I just proposed to her. I have been traveling back and forth from the US with very little trouble atleast once a month for a week or so since we started dating. I don't feel we are in a time crunch since I will be in school until the end of August and will be unable to travel to the US until it is complete (which should be fine due to the time it takes for paperwork). She will be moving out in September to begin school so she is worried that she may live alone for a while. The immigration lawyer stated this would take 1 year to complete.

Thanks for reading, and any feedback is greatly appreciated. I was all ready to start filling out the I-130 until I spoke to him.

Steve


K1 Visa Timeline

01-27-2011: NOA1!

02-22-2011: NOA2!

03-14-2011: Packet 3 Filled Out. Delayed Interview until closer to POE, August.

08-09-2011: Interview at 10am!

08-19-2011: POE

08-21-2011: Married

AOS

08-25-2011: Sent AOS Packet with EAD & AP

08-29-2011: NOA1 for AOS, EAD and AP

09-29-2011: Biometrics Appointment

Share this post


Link to post
Share on other sites

Hello,

My Fiancee and I are just about to get married and begin the paperwork for our immigration. I have been following this forum for about 7 months now and felt I had a good idea of what needs to be done for this process. I hadn't planned on using an immigration lawyer; however, we get free consultation due to her Mother working at Microsoft. After talking to him, I ran into a conflict of information.

We were discussing the different ways of being able to immigrate into the US. The first option was for us to marry, for me to remain in Canada and to have her fill out the I-130 and file that. During this time, it would be quite difficult for me to travel to the US; however, after this is done, I'll have my full green card and will not have to worry about EAD and APA's. This is the standard CR-1 process if I am correct. The second option which her family is heavily leaning towards is for me to wait until August (Graduating University) to travel down there, we'd get married and I'd stay there while we file the I-130 and immediately file for an Adjustment of Status. In this time, I would be unable to travel back or get work until my EAD goes through. I am pretty sure this is Visa Fraud because of intent when we interview at NVC and will lead to a lot more trouble than it is worth but I need to be sure. I just don't understand why an immigration lawyer would recommend this.

Little bit of background: My fiancee is American and I am Canadian. We have been dating for 4 and a half years and I just proposed to her. I have been traveling back and forth from the US with very little trouble atleast once a month for a week or so since we started dating. I don't feel we are in a time crunch since I will be in school until the end of August and will be unable to travel to the US until it is complete (which should be fine due to the time it takes for paperwork). She will be moving out in September to begin school so she is worried that she may live alone for a while. The immigration lawyer stated this would take 1 year to complete.

Thanks for reading, and any feedback is greatly appreciated. I was all ready to start filling out the I-130 until I spoke to him.

Steve

Play it safe, it is not worth a finding is misprepresentation and a possible lifetime ban from the US

Oh, and no one interviews at NVC

Follow the guides for a CR-1 visa if you wish to marry. Do not give into parental pressure

http://www.visajourney.com/content/i130guide1

You may also file now for a Fiance visa

http://www.visajourney.com/content/k1guide

Good luck


USCIS
August 12, 2008 - petition sent
August 16, 2008 - NOA-1
February 10, 2009 - NOA-2
178 DAYS FROM NOA-1


NVC
February 13, 2009 - NVC case number assigned
March 12, 2009 - Case Complete
25 DAY TRIP THROUGH NVC


Medical
May 4, 2009


Interview
May, 26, 2009


POE - June 20, 2009 Toronto - Atlanta, GA

Removal of Conditions
Filed - April 14, 2011
Biometrics - June 2, 2011 (early)
Approval - November 9, 2011
209 DAY TRIP TO REMOVE CONDITIONS

Citizenship

April 29, 2013 - NOA1 for petition received

September 10, 2013 Interview - decision could not be made.

April 15, 2014 APPROVED. Wait for oath ceremony

Waited...

September 29, 2015 - sent letter to senator.

October 16, 2015 - US Citizen

Share this post


Link to post
Share on other sites

I really appreciate the quick response. Looking at the times of the K1, it does seem to be a month quicker on average. I don't think the extra month will be worth the additional hassle of filling out all the additional paperwork once I get there instead of just doing the CR-1. Is that time pretty accurate, 6 months? I tried to click on the link for current time trends but it is currently unavailable. From what I have read from this forum and by looking at signatures, most average 8 - 11 motnhs from beginning to end for CR1. I'll have to speak again to the lawyer and bring up the legality of his option because I do not want to mess this up.

Steve


K1 Visa Timeline

01-27-2011: NOA1!

02-22-2011: NOA2!

03-14-2011: Packet 3 Filled Out. Delayed Interview until closer to POE, August.

08-09-2011: Interview at 10am!

08-19-2011: POE

08-21-2011: Married

AOS

08-25-2011: Sent AOS Packet with EAD & AP

08-29-2011: NOA1 for AOS, EAD and AP

09-29-2011: Biometrics Appointment

Share this post


Link to post
Share on other sites

A K-1 will get you together quicker than a CR-1, but there are more steps and it costs more. Don't play fast and loose with immigration by getting married here and pretending it was spontaneous.

Try this:

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

Share this post


Link to post
Share on other sites

You're looking at 8 - 14 months from start to finish. Although Montreal is getting better, it currently has a backlog of petitions that require interviews for. Our process took 10 months. Go on over to the Canada forum for more regional answers

Good luck

PS- and before you ask, yes - Montreal IS where you will interview for the cr-1 visa. No other options


USCIS
August 12, 2008 - petition sent
August 16, 2008 - NOA-1
February 10, 2009 - NOA-2
178 DAYS FROM NOA-1


NVC
February 13, 2009 - NVC case number assigned
March 12, 2009 - Case Complete
25 DAY TRIP THROUGH NVC


Medical
May 4, 2009


Interview
May, 26, 2009


POE - June 20, 2009 Toronto - Atlanta, GA

Removal of Conditions
Filed - April 14, 2011
Biometrics - June 2, 2011 (early)
Approval - November 9, 2011
209 DAY TRIP TO REMOVE CONDITIONS

Citizenship

April 29, 2013 - NOA1 for petition received

September 10, 2013 Interview - decision could not be made.

April 15, 2014 APPROVED. Wait for oath ceremony

Waited...

September 29, 2015 - sent letter to senator.

October 16, 2015 - US Citizen

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.
×
×
  • Create New...