Adjustment of Status from F1 to CR1

[Chris A 0]

Hello everyone

I have a question regarding adjustment of status.

Our case:

- I married my US citizen wife in my home country (Switzerland) almost a year ago

- We both moved to a third country to work right after marriage

- She now got offered a job in the US which she will accept

- We would have loved to start DCF here, but she has to start with her new job in the US before we could even get the first I-130 interview

As far as I know we have a few options now:

- She moves to US, I stay abroad (either the place we are now or Switzerland), and she will start the CR-1 process from the US. How long would it take until I can move to the US? On the CR-1 visa processing times page it says average is 200 days or so... Do processing times depend on country of origin?

- She moves to US and applies for K3. Is that a faster option compared to CR-1?

What do you guys think about a third option:

- She moves to the US and I will do a Summer School university program in the US under F-1. Is it possible to get AOS to CR-1 while under such an F1 visa? My initial concern would be that while I apply for F1 I already have an intent of staying in the US. The idea behind this option is: to be able to stay with my wife; to do something meaningful and network while waiting to get work authorization.

You guys have other ideas?

Thanks a lot!!!!

Edited February 11, 2011 by Chris A

[conny26 0]

I guess the F-1 wont work if you are married. And if you have time until summer you defenetly will get you visa and workpermission until then.

Edited February 11, 2011 by conny26

[YuAndDan 153]

Forget the K-3, improved processing at USCIS and NVC have eliminated it.

USCIS WILL tie the I-130 and I-129F together and approve on same date, then NVC WILL close the I-129F and proceed on with the CR-1.

MORE: http://travel.state....pes_2993.html#4

K-3 served only one function, it was derived at a time when I-130 was taking years to get approved, however now since I-130 is approved at same time as I-129F the function of K-3 (Entry to USA and WAITING for I-130 approval) no longer exists, so NVC kills the K-3 in favor of the superior CR-1 or IR-1 visa.

How will the Department of State process my K-3 visa petition?

Important Notice: Effective February 1st, 2010, when both the I-129F petition for a nonimmigrant K visa and the I-130 petition for an IR-1 (or CR-1) spouse of a U.S. citizen visa have been approved by USCIS and sent to the National Visa Center (NVC), the availability as well as the need for a nonimmigrant K-3 visa ends. If the NVC receives both petitions:

• The nonimmigrant K visa will be administratively closed.
• The application process explained below will not be applicable and cannot be used.
• The NVC will contact the petitioner and you with instructions for processing your IR-1 (or CR-1) immigrant visa. For more information on the immigrant visa process review the Immigrant Visa for a Spouse webpage.

If the NVC does not receive your I-130 petition and I-129F at the same time, the NVC will process your I-129F petition. Then NVC will send the petition to the embassy or consulate in the country where the marriage took place. If your marriage took place in the U.S., the NVC will send the petition to the embassy or consulate that issues visas in your country of nationality.

http://travel.state.gov/visa/immigrants/ty...pes_2993.html#4

Also be aware, of INTENT, entry on a non-immigrant visa and then adjustment of status brings in the question of INTENT, having a US Citizen spouse in the USA with no intention to leave after your schooling is done, looks like your Intent upon entry to the USA on a F-1 is more to immigrate rather than to go to school and then return home. Using a non immigrant visa like F-1 with intent to immigrate is considered visa fraud, don't do it.

Processing for a CR-1 is not much longer than for a K-Visa, and it has many benefits that the K-Visa does not. CR-1 can take work imediatly upon entry, can get SSN, Can apply for a driver's license... CR-1 also costs much less than K-Visa when adding in adjustment of status..

You are fortunate, you can visit the USA fairly easily, where persons from visa required countries tend to not be able to get a visit visa while petition is pending.

Edited February 11, 2011 by YuAndDan

[Chris A 0]

Thanks guys, I guess then the only option is CR-1.

I am worried about the timeline though until I would be issued the visa. Does it really take 200 days from the moment of filing the I-130?

Assuming our case is considered simple and does not raise any flags, and considering that I'm from a western european country, might it get processed faster than 200 days?

Also, would it be a problem visiting my wife in the US during the application process under the visa waiver program (as a tourist)?

Thanks again!

[Harpa Timsah 13,258]

I would still look into DCF. I have read that USCs can file the I-130 with the consulate and then their part is done, so they can move back home to establish domicile. They don't have to wait until interview to leave the DCF country. If you can figure out the exact timeline, this may work well for you.

If it doesn't work, then yes, CR-1 is taking longer than 200 days; I'd say 8-10 months.

Yes, you can visit while your CR-1 is pending. Just in case, bring strong ties to your home country in case they aren't convinced. Good luck!