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Visit US Green card holding spouse on B1?

By pongal in IR-1 / CR-1 Spouse Visa Process & Procedures

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pongal Newbie

pongal   0

Posted
Filed: AOS (pnd) Country: India
 Timeline
Posted
Married recently here in India. In the church. Church has not filed for the registration at local authorities. So we're not legally married here so to say.


Wife has a Green card and is eligible to apply for her citizenship in the mid of September in the US. Our plan is that she initiates the process of citizenship and since I have a B1/B2 visa, I go visit her and stay with her for some time. In that time, she becomes citizen and initiates the CR-1/K-1 for me.


Is this advisable? Will it be considered "hiding facts" if I enter the country on the B1 visa and stay with her? Can my chances of getting the CR-1/K-1 be hit because of this?

Boiler Grand Master

Boiler   48,252

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

Is he your wife or is she not?

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Penguin_ie Grand Master

Penguin_ie   6,002

Posted
Filed: Citizen (apr) Country: Ireland
 Timeline
Posted

Your post is somewhat unclear.

You need to be legally married for the spousal visa (CR-1), but say you are not. You may be in that tricky in-between stage where you are too married for the K1, but not married enough for the spousal visa options, so I'd suggest getting the church to file the legal paperwork asap. The quickest would be if she files for a spousal visa now, and upgrades it once she becomes a US citizen.

You can absolutely visit her on your tourist visa before or during the CR-1 visa process. However, you may not use your tourist visa with the intention of immigrating/ staying in the USA; that would be visa fraud (using a visit visa to live there) and illegal.

Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

mod penguin.jpg

KierenHby Experienced

KierenHby   900

Posted
Filed: IR-1/CR-1 Visa Timeline
Posted

One thing you cannot do is enter on a B visa with the intent of AOSing once your wife becomes a USC. A good number of visitors from India use this (illegal) approach to avoid IV visa interviews at the embassy in India.

As you two are married, you can of course visit, and return to await consular processing for your CR-1 in delhi or mumbai.

USCIS

January 16, 2015 I-130 Mailed, Chi lockbox January 20, 2015 Priority Date, January 21, 2015 NOA1 notice date, Assigned VSC, January 23, 2015 Check Cashed, electronically March 5, 2015 NOA2

NVC

March 27, 2015 NVC received April 6, 2015 Case#, IIN# assigned April 8, 2015 Paid AOS + IV fee Invoices May 5, 2015 AOS + IV package submitted May 11, 2015 Scan Date

June 11, 2015 DS-260 submitted June 25, 2015 False checklist (for ds260).. hello? June 30, 2015 Answered checklist Aug 5, 2015 Escalated to Supervisor review Aug 13, 2015 Case Complete

Consular

Sept 10, 2015 Interview Scheduled Sept 11, 2015 P4 Letter received Sept 21, 2015 file In transit from NVC Sept 23, 2015 file at Embassy

Sept 28, 2015 Medical Oct 14, 2015 Biometrics Oct 15, 2015 Interview (Approved) Oct 19, 2015 IV visa Issued Oct 23, 2015 Passport Pickup

POE

Nov 2, 2015 Entered the US Nov 16, 2015 Applied for SSN, walk-in Nov 20, 2015 Social Security Card recd Jan 15, 2016 GC received

Cheezees Mentor

Cheezees   1,514

Posted
Filed: Citizen (apr) Country: Trinidad and Tobago
 Timeline
Posted

" Our plan is that she initiates the process of citizenship and since I have a B1/B2 visa, I go visit her and stay with her for some time. In that time, she becomes citizen and initiates the CR-1/K-1 for me."

Your strategically timed plan is illegal.

 

 

AOS

03/24/11 - Got married in the Boogie-Down Bronx, NYC!
04/21/11 - Mailed I-130,I-765, I-485, I-864 and I-693 - Day 00

04/23/11 - Application delivered - Day 02
04/28/11 - NOA (most forms) - Day 07
05/03/11 - Checks cashed - Day 12
05/31/11 - Biometrics completed in the Bronx, NYC - Day 40
06/24/11 - Received someone else's employment authorization card!!! What the...? - Day 64
07/01/11 - Mailed the poor lady's card back after calling USCIS - Day 71
07/07/11 - Received poor lady's interview notice! What??? - Day 77
07/15/11 - Received my own EAD card - Day 85
08/12/11 - Interview. Approved on the spot! - Day 113
08/18/11 - Received card in the mail - Day 119

ROC
05/28/13 - Mailed I-751 - Day 00

05/30/13 - Application delivered - Day 02

05/31/13 - NOA I-797 - Day 03
06/04/13 - Check cashed - Day 07

06/06/13 - NOA delivered to my home/Biometrics letter generated - Day 09

06/10/13 - Received Biometrics letter in the mail - Day 13

06/27/13 - Biometrics completed in Milwaukee, WI - Day 30

09/10/13 - Application approved! - Day 105

09/14/13 - 10 year Green Card received! - Day 109

Citizenship

05/10/16 - Mailed N-400 - Day 00

05/12/16 - Application delivered - Day 02

05/13/16 - Credit card payment accepted - Day 03

05/17/16 - Received text & email update - Day 07

05/20/16 - Received 1st NOA (dated 05/13/16) & created ELIS acct - Day 10

05/21/16 - Received 2nd NOA (dated 05/16/16) confirming my DOB and address - Day 11

05/22/06 - Biometrics scheduled (online update) and appt letter was mailed on 05/20/16 - Day 12

05/24/06 - Biometrics letter became viewable online (appt scheduled for 06/07/16) - Day 14

05/27/16 - Received Biometrics letter in mail - Day 17

05/31/16 - Was denied walk-in fingerprints with just 1 person left in line. Milwaukee office, boo! - Day 21

06/07/16 - Biometrics completed in Milwaukee, WI - Day 28

12/21/16 - Passed Citizenship test/Interview was successful! - Day 197

01/26/17 - I am a US citizen!!! - Day 233

 
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