IR-1 / CR-1 o J-1

[FG... 0]

Hello and congrats to all married or in the process.

OK so here is a little about my case, i got married in June 2011,in the US and have married certificate,(married as a tourist) she is a Naturalized US citizen, then we moved to Europe to study and we are going back in the next few weeks to States, me as a tourist with B1 or B2, I have never over stay or anything in the several times as a tourist, so i am planing to do a master degree in the US and i was wondering what is the best way to approach the situation, taking into account that i need to start my studies ASAP, that means not waiting for a year without doing nothing in Colombia, so the main question is: should i get a J-1 visa and then somehow start a CR-1 process, or should start a CR-1 process then get a J-1, or should i start a K3 and study on a K3. thank you in advance.

F G.

Edited June 14, 2012 by FG...

[Sazhel 0]

Hi,

I recently learned that the B1 visa applies to those that come to the US for business and the B2 is for pleasure or medical

Hope it helps!

Hello and congrats to all married or in the process.

OK so here is a little about my case, i got married in June 2011,in the US and have married certificate,(married as a tourist) she is a Naturalized US citizen, then we moved to Europe to study and we are going back in the next few weeks to States, me as a tourist with B1 or B2, I have never over stay or anything in the several times as a tourist, so i am planing to do a master degree in the US and i was wondering what is the best way to approach the situation, taking into account that i need to start my studies ASAP, that means not waiting for a year without doing nothing in Colombia, so the main question is: should i get a J-1 visa and then somehow start a CR-1 process, or should start a CR-1 process then get a J-1, or should i start a K3 and study on a K3. thank you in advance.

F G.

[Hazel Ickes 0]

Other than applying for Marriage visa whatever you apply you intend to cheat USCIS and if caught the consequences will be severe.

[FG... 0]

??? why cheat i have no intend in staying in my B2 tourist visa?? read carefully before accusing me of intent to cheat.

[jaycali 415]

??? why cheat i have no intend in staying in my B2 tourist visa?? read carefully before accusing me of intent to cheat.

What he's referring to is trying to go to the US as a tourist or student, and then trying to adjust status based on your marriage. That's fully legal to do, but only if it wasn't intended when you entered the US in the first place.

You're going to have an extremely difficult time getting a student visa with an immigrant visa petition pending. It'll be nearly impossible. It's legal, but your problem is that the CO interviewing you for the visa won't believe that you plan to return to Colombia once done studying, simply for the fact that with a USC wife, you could easily and legally adjust status and stay forever. Staying forever is exactly what you have to prove you won't do in order to get a student visa. It's a catch 22. Unfortunately, I think this is going to be one where you have to postpone your studies by a year.

As for the K-3 visa, it is obsolete. It no longer exists anywhere except on paper. if you want to immigrate based on your spouse, CR-1/IR-1 is the visa you will get.

Edited June 14, 2012 by jaejayC

[JohnR! 5,495]

Hello and congrats to all married or in the process.

OK so here is a little about my case, i got married in June 2011,in the US and have married certificate,(married as a tourist) she is a Naturalized US citizen, then we moved to Europe to study and we are going back in the next few weeks to States, me as a tourist with B1 or B2, I have never over stay or anything in the several times as a tourist, so i am planing to do a master degree in the US and i was wondering what is the best way to approach the situation, taking into account that i need to start my studies ASAP, that means not waiting for a year without doing nothing in Colombia, so the main question is: should i get a J-1 visa and then somehow start a CR-1 process, or should start a CR-1 process then get a J-1, or should i start a K3 and study on a K3. thank you in advance.

F G.

Based on that statement, IMHO, you might wish to consider pursuing your studies and leaving the CR-1 alone for the time being. Once your circumstances change, i.e. you have obtained your masters, you may look into the available legal options to become a LPR.

[Penguin_ie 6,002]

If your wife files for the CR-01 visa now, with a Colombian address, it will get expedited and only take a few months. I feel this would be the best option as it will allow you to work while studying, and also get in-state tuition rates.

If you are studying full time, you will be looking for an F1 student visa, not a J1 intern visa.

[FG... 0]

If your wife files for the CR-01 visa now, with a Colombian address, it will get expedited and only take a few months. I feel this would be the best option as it will allow you to work while studying, and also get in-state tuition rates.

If you are studying full time, you will be looking for an F1 student visa, not a J1 intern visa.

thank you all for the answers, my deadline for university as an international student is October 1st, and as a resident November 1, do you guys think if i go with the CR-01 is it probable ill make it? i mean do i have a chance?

[Penguin_ie 6,002]

If you get it sent off now-ish, and make saure you are prepared for each step along the way- yes.

[Mononoke28 137]

thank you all for the answers, my deadline for university as an international student is October 1st, and as a resident November 1, do you guys think if i go with the CR-01 is it probable ill make it? i mean do i have a chance?

Do you still need to get any kind of visa, including a student visa, to come to the US? If so, the chances of you getting a non-immigrant visa while married to a US citizen are pretty much slim to none because they will assume you'll use it to immigrate. You can still try though but need to be prepared for a possible denial.

If your spouse has lived in Colombia during the past 6 months you can do DCF which will take about 2-3 months for you to get a CR1 visa. If not, then you will have to file through the USCIS and wait between 9-12 months.

Also, if you file for a CR1 visa, you will be denied for any other kind of non-immigrant visa.

Diana

Edited June 14, 2012 by Mononoke28

[FG... 0]

Do you still need to get any kind of visa, including a student visa, to come to the US? If so, the chances of you getting a non-immigrant visa while married to a US citizen are pretty much slim to none because they will assume you'll use it to immigrate. You can still try though but need to be prepared for a possible denial.

If your spouse has lived in Colombia during the past 6 months you can do DCF which will take about 2-3 months for you to get a CR1 visa. If not, then you will have to file through the USCIS and wait between 9-12 months.

Also, if you file for a CR1 visa, you will be denied for any other kind of non-immigrant visa.

Diana

well Embassy in Bogota doesn't allow DCF as stated in their web page and i have a valid tourist visa, so getting a denial for a student visa because of immigration doesn't seem logic, since i already can just go as a tourist.

[Ryan H 3,926]

If your spouse has lived in Colombia during the past 6 months you can do DCF which will take about 2-3 months for you to get a CR1 visa. If not, then you will have to file through the USCIS and wait between 9-12 months.

DCF is no longer available in Columbia. Other VJ members have reported having their cases quickly adjudicated in instances where the petitioner lives abroad and DCF is not available.

well Embassy in Bogota doesn't allow DCF as stated in their web page and i have a valid tourist visa, so getting a denial for a student visa because of immigration doesn't seem logic, since i already can just go as a tourist.

Already having a tourist visa means nothing. If you were applying for a student visa and fail to overcome the intending immigrant question during that interview, you would not only be denied a student visa, the CO would have the authority to cancel the tourist visa.

[Mononoke28 137]

well Embassy in Bogota doesn't allow DCF as stated in their web page and i have a valid tourist visa, so getting a denial for a student visa because of immigration doesn't seem logic, since i already can just go as a tourist.

That's a bummer because it used to be available until about a year ago. But anyway, even if you have a tourist visa you can't use it to study in the US, you will have to get a student visa to do so and as with most non-immigrant visas COs tend to deny them once they find out that they're married to a US citizen.

You only have two options, 1. go to the US embassy to see if you can get approved for a student visa. It doesn't hurt to make the trip to find out. Or 2. file for a CR1 visa which will take between 9-12 months but that won't help you meet the October/November deadline.

Diana

[Anh map 2,098]

well Embassy in Bogota doesn't allow DCF as stated in their web page and i have a valid tourist visa, so getting a denial for a student visa because of immigration doesn't seem logic, since i already can just go as a tourist.

Having the visa (tourist, student, other) and being admitted at customs are two different things. You now have clear immigrant intent being married to a citizen. So the bar has been raised for you at your next entry.

Not being truthful to the CBP officer can have dire consequences ( worst = lifetime ban). So choose your path carefully.

[FG... 0]

Having the visa (tourist, student, other) and being admitted at customs are two different things. You now have clear immigrant intent being married to a citizen. So the bar has been raised for you at your next entry.

Not being truthful to the CBP officer can have dire consequences ( worst = lifetime ban). So choose your path carefully.

well ive been to the US 4 times while being married so might that be in my favor?