confused

[jeffishere 0]

Hi, I'm a newbie! Great website folks!

But I'm confused because the CR-1 Guide links to an I-130 guide. (?)

For someone just coming on to this website ...What is the CR-1 process?

My wife and I got married 2 weeks ago here in California. She is here on a tourist visa.

First, she goes back to Mexico and from there applies at a US Consulate for a CR-1 visa?

While that is going on I send in our I-130 to USCIS?

Then USCIS forwards our I-130 petition to someone (US Dept. of State?) and after 6 months or so she will be able to enter the US legally and stay in the US while we continue with the process?

She needs to leave now, before we file the I-130?

Thanks in advance!

[vanessa.diaz 0]

Hi, I'm a newbie! Great website folks!

But I'm confused because the CR-1 Guide links to an I-130 guide. (?)

For someone just coming on to this website ...What is the CR-1 process?

My wife and I got married 2 weeks ago here in California. She is here on a tourist visa.

First, she goes back to Mexico and from there applies at a US Consulate for a CR-1 visa?

While that is going on I send in our I-130 to USCIS?

Then USCIS forwards our I-130 petition to someone (US Dept. of State?) and after 6 months or so she will be able to enter the US legally and stay in the US while we continue with the process?

She needs to leave now, before we file the I-130?

Thanks in advance!

Hi CR-1 process is how your going to get you wife to the US. She won´t be applying at the consulate, you will send the I-130 here in the US. If you want her to be with you you might be looking into K3, but in my opinion I think you should just wait it out and stick to the CR-1 process which is aprox 8months give or take. I am doing that and I know that the wait sucks but I think its the best way!

Ask me if you have any other questions! Good Luck!

[Inky 1,110]

read the guides everything is there.

This is the one you want. She does not leave the US at all.

http://www.visajourney.com/content/i130guide2

[la2011 5]

I agree with lnky. Since she entered the US without explicit intend to marry, it is best she stays with you in California and you file an I-130 and I-485 on her behalf. It will take 3 months before she can work and 4-6 months (sometimes longer) before her GC is approved and issued but it sure the heck beats being apart in 2 different countries for what could months or a year or +

The entire costs of the Adjustment of Status is $1470 plus the cost of her medical exam (varies between $90 to $500, depending on whether you have insurance or where you live). If you have any more questions, feel free to ask us, we're happy to help

My 2 cents on the matter.

Edited July 19, 2011 by la2011

[nikolacolada 21]

In one of his earlier posts he wrote that his fiance, now wife, came to the US with explicit intent to marry, which is why he was advised to do the CR-1 so that they are not breaking any laws. If they just AOS from the tourist visa, it's visa fraud. As someone who just spent the last 8 months doing things the right way, I would urge the OP to do the same.

To the OP:

The I-130 is the name of the form that you will need to file.

Here is the guide you should follow: http://www.visajourney.com/content/i130guide1

Your wife does not need to leave the US right now, and she does not file anything with the consulate. You need to gather the forms, papers and payment mentioned in the guides and send it in. Your wife can stay with you until her tourist visa expires, at which time she should go back to Mexico. Once she goes back to Mexico she can always try to re-enter with her tourist visa but it's not guaranteed she will be let into the US at that point, but then again it is never guaranteed someone will be let in.

Since I'm assuming her tourist visa is good for 6 months, you're going to be able to spend much of the wait time together, which is a better situation than a lot of other people have on this site.

So to recap: your wife does not need to leave the US right now and since she entered on her tourist visa knowing she was coming to get married it would be illegal for her to stay and adjust status without applying for the CR-1. That's not to say many people don't do that, but not only is it breaking the law, if you get caught she's facing a lifetime?* ban from the U.S.

*not sure if it is a lifetime ban or a 10 year ban.

[Ryan H 3,791]

*not sure if it is a lifetime ban or a 10 year ban.

If fraud is established, it's a lifetime ban.