Several questions....

[deborabr 16]

Hello,

This forum is so helpful but I have a question that I could not figure out exactly how it works. Right now I am under F1 (student) visa and I will get married next month. I did not understand if I have to apply for CR1 visa since I am already in the country with a valid visa or if I can just send the package with all the forms I-130/1-485/I-131/1-765/G-325A/G-1145/I-864 and related documents, photos, checks etc and wait for approval to get the greencard !? I could not understand the difference between applying for CR-1 and submitting the I-130 right away...is that same process?

Also can I send all at once to the office in Chicago or should I follow the instructions on USCIS website to send I-130 first to the office in Phoenix and wait for its approval and only after that submit I-485??

They schedule the interview to the closest office near to our address??

Which vaccines are required ???

[JohnR! 5,495]

Hello,

This forum is so helpful but I have a question that I could not figure out exactly how it works. Right now I am under F1 (student) visa and I will get married next month. I did not understand if I have to apply for CR1 visa since I am already in the country with a valid visa or if I can just send the package with all the forms I-130/1-485/I-131/1-765/G-325A/G-1145/I-864 and related documents, photos, checks etc and wait for approval to get the greencard !? I could not understand the difference between applying for CR-1 and submitting the I-130 right away...is that same process?

Also can I send all at once to the office in Chicago or should I follow the instructions on USCIS website to send I-130 first to the office in Phoenix and wait for its approval and only after that submit I-485??

They schedule the interview to the closest office near to our address??

Which vaccines are required ???

Debora, it is a little less simple than that, but still simple, to to some extent...

It is your husband who has to apply for your IR-1. The first step is for him to fill out form I-130 and send it in. The address will depend on where you guys live.

Here is where you can download the form: http://www.uscis.gov.../form/i-130.pdf

Here is how the form should be completed, mailed and the fees involved: http://www.uscis.gov.../i-130instr.pdf & http://www.uscis.gov...00045f3d6a1RCRD

Here is the form I-485 which you need to fill out, which is your application to change your status from non-resident to conditional-resident, for the first two years of your marriage. http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=3faf2c1a6855d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD

And finally here is an overview of the process through which you guys will have to go: http://travel.state....types_1306.html

Congrats & good luck!

Edited July 18, 2012 by Gegel

[deborabr 16]

Hi Ggel,

Thanks for your response but I already I know all the documents I have to submit, but I want to understand the difference betwwen applying for CR1 and just sending all these documentation.

For what I understood the IR1 or CR1 is Spouse Visa for a non US Citizen (living overseas) married to a US Citizen. I am NOT living overseas as I mentioned I am here under a valid student visa after we get married I just want to have everything done with the immigration without having to hire an immigration attorney.

I would like to know after getting married we can just send the package with all these forms, payment, and supporting documents all at once to the USCIS office in Chicago or we have to do I-130 first get approval and then I-485 and also what vaccines they reuqest.

Thank you,

Debora

Debora, it is a little less simple than that, but still simple, to to some extent...

It is your husband who has to apply for your IR-1. The first step is for him to fill out form I-130 and send it in. The address will depend on where you guys live.

Here is where you can download the form: http://www.uscis.gov.../form/i-130.pdf

Here is how the form should be completed, mailed and the fees involved: http://www.uscis.gov.../i-130instr.pdf & http://www.uscis.gov...00045f3d6a1RCRD

Here is the form I-485 which you need to fill out, which is your application to change your status from non-resident to conditional-resident, for the first two years of your marriage. http://www.uscis.gov...00045f3d6a1RCRD

And finally here is an overview of the process through which you guys will have to go: http://travel.state....types_1306.html

Congrats & good luck!

[JohnR! 5,495]

Hi Ggel,

Thanks for your response but I already I know all the documents I have to submit, but I want to understand the difference betwwen applying for CR1 and just sending all these documentation.

For what I understood the IR1 or CR1 is Spouse Visa for a non US Citizen (living overseas) married to a US Citizen. I am NOT living overseas as I mentioned I am here under a valid student visa after we get married I just want to have everything done with the immigration without having to hire an immigration attorney.

I would like to know after getting married we can just send the package with all these forms, payment, and supporting documents all at once to the USCIS office in Chicago or we have to do I-130 first get approval and then I-485 and also what vaccines they reuqest.

Thank you,

Debora

Got you. Sorry.

The IR/CR applies for spouses both abroad and stateside, so it is the route down which you need to go.

First of all: If you are the DYI type of person, chances are you will not need a lawyer. There is a ton of information in these fori and you can do it on your own.

You can't send it in all at once. The I-130 needs to be approved first and then you send in the rest of the documentation. However in practice you can file your I-485 at the same time your husband files the I-130. That will start the process and you should wait for a letter from the USCIS requesting the rest of the documentation.

Here is the link for the shots you will need: http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=3384cc5222ff5210VgnVCM100000082ca60aRCRD&vgnextchannel=6abe6d26d17df110VgnVCM1000004718190aRCRD

It is a slow process but you should come out fine on the other side.

[deborabr 16]

Thank you so much again!!!!

I have a few more questions ....can we choose where we want to do the interview? I ask that because I will still be living in WI until the end of the year while my husband will be in CA, so in that case we have to choose a location for the interview?

Also can I pass through doctors in Brazil to fill the form I-693 or I need to do it here in US? I thought the medical examination was done later in the process but I saw some people sending this form right away with all the others forms. How does it works?

Got you. Sorry.

The IR/CR applies for spouses both abroad and stateside, so it is the route down which you need to go.

First of all: If you are the DYI type of person, chances are you will not need a lawyer. There is a ton of information in these fori and you can do it on your own.

You can't send it in all at once. The I-130 needs to be approved first and then you send in the rest of the documentation. However in practice you can file your I-485 at the same time your husband files the I-130. That will start the process and you should wait for a letter from the USCIS requesting the rest of the documentation.

Here is the link for the shots you will need: http://www.uscis.gov...0004718190aRCRD

It is a slow process but you should come out fine on the other side.

[aayitrun 66]

follow this:

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

on the form for the office where u will interview use this:

https://egov.uscis.gov/crisgwi/go?action=offices.type&OfficeLocator.office_type=LO

find a civil surgeon here

https://egov.uscis.gov/crisgwi/go?action=offices.type&OfficeLocator.office_type=CIV

and figure out from them what vaccinations u need and also get ur i693 which is a required step.

[JohnR! 5,495]

1342641335[/url]' post='5536079']

Thank you so much again!!!!

I have a few more questions ....can we choose where we want to do the interview? I ask that because I will still be living in WI until the end of the year while my husband will be in CA, so in that case we have to choose a location for the interview?

Also can I pass through doctors in Brazil to fill the form I-693 or I need to do it here in US? I thought the medical examination was done later in the process but I saw some people sending this form right away with all the others forms. How does it works?

I see someone else replied in regards to the questions about the interview.

Yes you can see a doctor in Brasil. The consulate in Rio can give you a list of approved doctors in the city where you live. Just make sure that you see one of those physicians. If you decide to do it here in the US it is also possible. It all depends on what you do in terms of staying or leaving.

On a separate note, if you leave the US and return to Brazil, chances are that you will not be able to get back until your process is finalized with the consulate in Rio, so beware that you may have to stay out of the US for the duration of the process. The caveat here is that if you return to the US with the intent to stay before the process if final, you will be sent back by the officers at the POE, because entering the US on a non-immigrant visa, I.e. student or tourist, with the intent to stay, is considered fraud, so weigh your options before you leave the country, so that you don't get in trouble.

The only reason I would, recommend that you do not send all the paperwork at once is that these processes bounce from one place to the other within the USCIS centers and there is a chance papers can get lost. My personal preference is to send the papers and certificates as they are requested so they are sent into the correct department at the right time.

[Old_Dog_Barking 36]

It seems like there are a lot of misunderstanding here. The OP seems to be the non-USC (on a valid F1) visa, planning to marry a USC living in California. If that's correct, there's no need for a IR/CR visa. Just file for an adjustement of status through the Chicago lockbox. Follow this guide http://www.visajourn...tent/i130guide2

[JohnR! 5,495]

1342644912[/url]' post='5536193']

It seems like there are a lot of misunderstanding here. The OP seems to be the non-USC (on a valid F1) visa, planning to marry a USC living in California. If that's correct, there's no need for a IR/CR visa. Just file for an adjustement of status through the Chicago lockbox. Follow this guide http://www.visajourn...tent/i130guide2

Thanks. That is also helpful for my edification. I am still not sure you can send all the documents in one shot though.

[deborabr 16]

Thank you so much !!! =)

follow this:

http://www.visajourn...tent/i130guide2

on the form for the office where u will interview use this:

https://egov.uscis.g....office_type=LO

find a civil surgeon here

https://egov.uscis.g...office_type=CIV

and figure out from them what vaccinations u need and also get ur i693 which is a required step.

[Little_My 463]

Deborabr - as mentioned by Old_Dog, there has been some incorrect information given to you so far. You understood the process correctly - IR/CR visas are for foreign spouses of US citizens who are abroad and wish to immigrate to the United States to live with their spouses here. CR1/IR1 is a visa - visas are needed to enter the country. You do not need a spousal visa - you'll adjust your status to permanent resident, or file for AOS, which is the process of submitting the I-130, I-485 and all other relevant and required documents and forms simultaneously by mailing them to the Chicago lockbox facility. You can go through the entire process in the US, and your interview will be held here as well. Do NOT submit the I-130 alone - it will only delay the process for you, or in worst case scenario put you on the wrong path entirely. Send everything out together, in one package.

Thanks. That is also helpful for my edification. I am still not sure you can send all the documents in one shot though.

Trust me, you can. I did. As do thousands of others all the time. AOS is concurrent filing of the I-130 and I-485 within the US, when the foreign spouse is already here, usually under some non-immigrant status such as work, tourist or student visa. Filing the I-130 alone in that situation only slows the process down.

[deborabr 16]

Yes that's exactly the case. I actually will get married only next month. I am in US right now but I will be going to Brazil for a couple of weeks and that's why I want to check what I can do there because it is cheaper than here and then we will get married when I get back here and do all the immigration process. Right now I am still under F1 visa finishing my studies in December. Anyone knows if I would have any problems to enter in US again if I just the marriage license before I leave to Brazil?

I was looking one of the post here and seems they sent all the documents at once and are just waiting to get the approval of each of them. I am guessing I could probably do the same?

http://www.visajourney.com/forums/topic/378137-f-1-aos-marriage-based-concurrent-filing-cover-letter-content-list/

It seems like there are a lot of misunderstanding here. The OP seems to be the non-USC (on a valid F1) visa, planning to marry a USC living in California. If that's correct, there's no need for a IR/CR visa. Just file for an adjustement of status through the Chicago lockbox. Follow this guide http://www.visajourn...tent/i130guide2

[deborabr 16]

Thank you so much!!! Thats what I thought also I've seen a lot of people sending all in one package! Thanks for the message...was very helpful!! =)

Deborabr - as mentioned by Old_Dog, there has been some incorrect information given to you so far. You understood the process correctly - IR/CR visas are for foreign spouses of US citizens who are abroad and wish to immigrate to the United States to live with their spouses here. CR1/IR1 is a visa - visas are needed to enter the country. You do not need a spousal visa - you'll adjust your status to permanent resident, or file for AOS, which is the process of submitting the I-130, I-485 and all other relevant and required documents and forms simultaneously by mailing them to the Chicago lockbox facility. You can go through the entire process in the US, and your interview will be held here as well. Do NOT submit the I-130 alone - it will only delay the process for you, or in worst case scenario put you on the wrong path entirely. Send everything out together, in one package.

Trust me, you can. I did. As do thousands of others all the time. AOS is concurrent filing of the I-130 and I-485 within the US, when the foreign spouse is already here, usually under some non-immigrant status such as work, tourist or student visa. Filing the I-130 alone in that situation only slows the process down.

[Little_My 463]

This will pose a problem. You cannot marry, then leave the US for a short trip, then re-enter with the F1 visa, and then file for AOS. That would be visa fraud. Being in the US under a non-immigrant status, getting married and filing for a greencard is okay, as long as that was not your original intention when you used the non-immigrant visa to enter the country. You can't leave now before filing for AOS, and then come back to file for the greencard, because intent has clearly been established. Also, if you do take the AOS route, the medical has to be completed by a certified civil surgeon here in the US, it cannot be done abroad.

You basically have to make a choice between two options:

1. Marry ASAP, file for AOS. You will also file for an Advance Parole travel document, which will allow you to travel while the AOS is pending, but it takes around 90 days to come after you've filed the papers - so basically, you will not be able to travel for about three months after filing.

2. Marry and file for CR-1. You can start the process in the US, but you will have to leave to complete it in Brazil. That would mean being in Brazil for several months before the visa is issued, at which point you can then return, and you would become a permanent resident upon entry.

[deborabr 16]

I haven't started anything yet I am just looking for information to know exactly how the process works. Right now I am still not married and under F1 visa going to Brazil on vacation.

My plans are just to get the marriage license (not get married) go to Brazil and when I come back we get married get the marriage certificate and start working on the immigration paperwork. Do you think there's any problem with that???

This will pose a problem. You cannot marry, then leave the US for a short trip, then re-enter with the F1 visa, and then file for AOS. That would be visa fraud. Being in the US under a non-immigrant status, getting married and filing for a greencard is okay, as long as that was not your original intention when you used the non-immigrant visa to enter the country. You can't leave now before filing for AOS, and then come back to file for the greencard, because intent has clearly been established. Also, if you do take the AOS route, the medical has to be completed by a certified civil surgeon here in the US, it cannot be done abroad.

You basically have to make a choice between two options:

1. Marry ASAP, file for AOS. You will also file for an Advance Parole travel document, which will allow you to travel while the AOS is pending, but it takes around 90 days to come after you've filed the papers - so basically, you will not be able to travel for about three months after filing.

2. Marry and file for CR-1. You can start the process in the US, but you will have to leave to complete it in Brazil. That would mean being in Brazil for several months before the visa is issued, at which point you can then return, and you would become a permanent resident upon entry.