help filing cr-1 paperwork!

[sallycat 0]

We were married on Saturday and need help filing our paperwork. I read somewhere I could file the i-130 and the i-485 at the same time. Does anyone know about this?

We are a us citizen and a canadian citizen. we live in detroit and windsor. we are looking to chat with someone who is familiar with travelling across the border during this process as well.

thanks!

[YuAndDan 153]

?? CR-1 visa does not use an I-485. CR-1 is petition for by just filing an I-130 and working it through the system until an interview happens at the US consulate.

:guide: http://www.visajourney.com/forums/index.php?autocom=custom&page=i130guide1

[Ryan H 3,812]

I-485 is used for Adjustment of Status. As Dan said, N/A in your case.

[Tero 105]

Contrary to the two posts above, there is a case where you can file the I-485 along with your I-130 as long as it applies to you. Check out page for of the link below, which i have copied and pasted below the link.

http://www.uscis.gov/files/form/i-130instr.pdf

Filing Form I-130 with Form I-485:

If the beneficiary resides in the United States and is filing Form I-485, Application to Register Permanent Residence or Adjust Status along with Form I-130, submit both forms with the fee in the same envelope to the USCIS Chicago Lockbox facility, at the address...

[Tero 105]

Contrary to the two posts above, there is a case where you can file the I-485 along with your I-130 as long as it applies to you. Check out page 4 of the link below, which i have copied and pasted below the link.

http://www.uscis.gov/files/form/i-130instr.pdf

Filing Form I-130 with Form I-485:

If the beneficiary resides in the United States and is filing Form I-485, Application to Register Permanent Residence or Adjust Status along with Form I-130, submit both forms with the fee in the same envelope to the USCIS Chicago Lockbox facility, at the address...

I meant Page 4

Edited February 28, 2011 by Tero

[sallycat 0]

I meant Page 4

thanks, but i really didn't find that helpful. i've read that information and i have no clue who a "beneficiary" is and what situations it applies to. the information isn't clear. i know i read somewhere that both could be filed at the same time, but for the life of me i cannot find the information. thanks anyways.

[YuAndDan 153]

thanks, but i really didn't find that helpful. i've read that information and i have no clue who a "beneficiary" is and what situations it applies to. the information isn't clear. i know i read somewhere that both could be filed at the same time, but for the life of me i cannot find the information. thanks anyways.

Beneficiary is the person getting visa Non-US Citizen, petitioner is person filing the I-130 petition for the visa, US Citizen...

[Tero 105]

thanks, but i really didn't find that helpful. i've read that information and i have no clue who a "beneficiary" is and what situations it applies to. the information isn't clear. i know i read somewhere that both could be filed at the same time, but for the life of me i cannot find the information. thanks anyways.

As stated above, the beneficiary is the person in the foreign country that is trying to come to the US and the Petitioner is the US citizen that is filing for the spouse(beneficiary). Also, the reference pretty much says that if the beneficiary is already residing in the US then you can file both forms at the same time.

[OBX 51]

If one of you is currently living in Windsor (the beneficiary) and your spouse in Detroit (the petitioner) you need to follow the I-130 route. As others have posted, the I-485 for Adjustment of Status does not apply to your situation. You are able to travel to visit your spouse during the process at the discretion of the CBP officer (providing you show sufficient ties to Canada indicating you are merely visiting and do not intend to remain in the US.)

Read through the guides for the I-130 and visit the Canada forum for country specific experiences.

Good luck!

Edited February 28, 2011 by OBX

[Amy and Nick 37]

If you are filing for a CR-1 (the beneficiary will reside in their home country during the application) then you dont need the I-485

If you are filing for an AOS (beneficiary is legally in the US and will change status while residing there) then you can file both, but there is more to file with that too.

If you entered the US with immigration intent you cannot adjust status as this is visa fraud.

If you would like clearer answers, help us out by providing more information!

Good luck.

[sallycat 0]

If one of you is currently living in Windsor (the beneficiary) and your spouse in Detroit (the petitioner) you need to follow the I-130 route. As others have posted, the I-485 for Adjustment of Status does not apply to your situation. You are able to travel to visit your spouse during the process at the discretion of the CBP officer (providing you show sufficient ties to Canada indicating you are merely visiting and do not intend to remain in the US.)

Read through the guides for the I-130 and visit the Canada forum for country specific experiences.

Good luck!

so we are having a discussion here. at what point do you file the adjustment of status (i-485). you don't have on your timeline that you did that? also, i've read that at the interview there is a 400$ fee, but no where in the forms or tips do i see that it is a fee. did you have to go to montreal? if you live on a border town can you have your interview in the states where it is closer? how much did the entire process cost you?

[Amy and Nick 37]

so we are having a discussion here. at what point do you file the adjustment of status (i-485). you don't have on your timeline that you did that? also, i've read that at the interview there is a 400$ fee, but no where in the forms or tips do i see that it is a fee. did you have to go to montreal? if you live on a border town can you have your interview in the states where it is closer? how much did the entire process cost you?

I am going to assume you are filing CR-1. Read the guides in the blue bar at the top of the page. Here is a quick rundown.

1)File I-130 ($420) along with 2 x G325a's, a G1145, the marriage certificate, and other proof of your relationship

2)Your case will be routed to the California Service Center or the Vermont Service Center

3)Wait around 5 months (spend this time preparing tax info, getting police cert for beneficiary etc)

4)Assuming your I-130 is approved, it will be forwarded to the NVC

5)You send in Immigrant Visa packet and Affidavit of Support Packet ($404 and $88)

6)You wait until NVC processes these documents (can be as quick as 11 days or up to around 3 months ish)

7)You wait until the case is closed and sent to the consulate (this will be Montreal)

8)You have a medical (prices vary, check website)

9)You go to scheduled interview in Montreal, providing more bonafides of relationship

10)Your visa is approved and you move onto your new life in the states with your hubby (minor fees for delivery of passport back to you)

This is the very simplified version. Again if you can provide more info, we can all help you further.

Answers that would help:

What is your current status in the US

When are you due to leave

What visa journey are YOU planning on embarking on

[Ryan H 3,812]

so we are having a discussion here. at what point do you file the adjustment of status (i-485). you don't have on your timeline that you did that? also, i've read that at the interview there is a 400$ fee, but no where in the forms or tips do i see that it is a fee. did you have to go to montreal? if you live on a border town can you have your interview in the states where it is closer? how much did the entire process cost you?

Since you were married last Saturday (congrats), your only route is a CR-1.

A CR-1 visa is an immigrant visa, once it is used by the holder at a US POE, the holder will receive a green card stamp and later the green card itself. Since the holder entered as an immigrant, no Adjustment of Status is required. Because K visas are non-immigrant visas, AOS is required. But as I said before, since you are already married, the CR-1 is your only option.

While I'm on this topic, you may hear or read about the K3 visa, don't waste your time. USCIS ties together and approves I-130's and I-129F's at the same time. When the NVC receives both petitions, they will administratively close the I-129F leaving only the I-130 active.

Only the US Consulate in Montreal does CR-1 visa interviews.

[sallycat 0]

I am going to assume you are filing CR-1. Read the guides in the blue bar at the top of the page. Here is a quick rundown.

1)File I-130 ($420) along with 2 x G325a's, a G1145, the marriage certificate, and other proof of your relationship

2)Your case will be routed to the California Service Center or the Vermont Service Center

3)Wait around 5 months (spend this time preparing tax info, getting police cert for beneficiary etc)

4)Assuming your I-130 is approved, it will be forwarded to the NVC

5)You send in Immigrant Visa packet and Affidavit of Support Packet ($404 and $88)

6)You wait until NVC processes these documents (can be as quick as 11 days or up to around 3 months ish)

7)You wait until the case is closed and sent to the consulate (this will be Montreal)

8)You have a medical (prices vary, check website)

9)You go to scheduled interview in Montreal, providing more bonafides of relationship

10)Your visa is approved and you move onto your new life in the states with your hubby (minor fees for delivery of passport back to you)

This is the very simplified version. Again if you can provide more info, we can all help you further.

Answers that would help:

What is your current status in the US

When are you due to leave

What visa journey are YOU planning on embarking on

thanks for the simplified version. i am visiting the us, as i do throughout the week and weekends on a regular basis. i have no set date to arrive or depart as i usually come over one night during the week and go to work the next morning. i also come over friday after work and then go back on sunday night or monday morning. we are going the cr-1 route as we married on saturday. we just saw a lot about the adjustment of status and also the filing of the i-130 and i485 together but our situation doesn't apply. we also need information on the affidavit of support. is this necessary as i will be maintaining my job in canada and driving to work from the us daily. we only live 8 miles from my work, and 15 miles apart. our situation is quite different from people who have to fly to visit each other. we hop over the bridge regularly and i won't need my husband to support us financially as i am able to maintain my employment. does anyone have experience with a similar situation?

[pushbrk 12,975]

thanks for the simplified version. i am visiting the us, as i do throughout the week and weekends on a regular basis. i have no set date to arrive or depart as i usually come over one night during the week and go to work the next morning. i also come over friday after work and then go back on sunday night or monday morning. we are going the cr-1 route as we married on saturday. we just saw a lot about the adjustment of status and also the filing of the i-130 and i485 together but our situation doesn't apply. we also need information on the affidavit of support. is this necessary as i will be maintaining my job in canada and driving to work from the us daily. we only live 8 miles from my work, and 15 miles apart. our situation is quite different from people who have to fly to visit each other. we hop over the bridge regularly and i won't need my husband to support us financially as i am able to maintain my employment. does anyone have experience with a similar situation?

Sure. Just follow the CR1 guide. The affidavit of support will be dealt with months from now but if you're going to keep your job in Canada after you move to the USA, your own income can be used. Read the I-864 instructions. They are excellent. This is a "do it yourself" message board, with emphasis on the "DO" and "SELF". Start by clicking on the word Guides at the top of any page here. When you've studied your guide and form instructions, we're here to answer remaining questions.