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Nicoco

Is a CR-1 Visa good for this situation?

By Nicoco in What Visa Do I Need - Family Based Immigration

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Nicoco Community Regular

Nicoco   26

Posted
Filed: AOS (apr) Country: Thailand
 Timeline
Posted

My close friend is engaged to a man from Slovakia who has been getting tourist status to stay in the US and see her. They want to get married but still be able to have him stay here during the process. Is a CR-1 or a K-1 or something else better for this situation?

ฉันรักคุณ
K-1
Filed May 2011
116 days to NOA2
4 days for the NVC
74 days to the interview
Interview date: 12/14/11 APPROVED!
POE: 12/16/11
Total days from NOA1 to K-1 Visa in hand: 202
Wedding Date: 12/27/11

AOS
Sent AOS: 4/21/12
NOA1: 4/30/12
RFE: 5/14/12
Biometrics App.: 5/21/12
Sent RFE Response: 5/31/12
Interview: 7/24/12
Approval: 10/12/12

Currently.... they have issued Ice the incorrect GC and we have tried 4 times to fix it. First time they had us send it to the incorrect address. Second time they said we used an expired form, which was the form they gave us. Third time was "oh sorry we lost the last page, can you send it again?." Fourth time is the gov is shut down. Will this ever be corrected in time for Ice to get the permanent GC? Stay tuned to find out. T_T

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NewBrunswicker Explorer

NewBrunswicker   19

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

To minimize separation time, they could apply for K-1 while he is in the US. When his visitor visa is about to expire, he would go back to his home country and wait until the K-1 is obtained. Once in hand, he moved back to the US, and file the AOS. The same thing could be done for a CR-1 but it would require them to get married now, and the wait is longer and I doubt his visitor visa is longer than 6 months. That's my thought on your situation.

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Nicoco Community Regular

Nicoco   26

Posted
Filed: AOS (apr) Country: Thailand
 Timeline
  • Author
Posted

Could he go back and renew the tourist visa or is that hard to do when you have a K-1 or a CR-1 pending?

ฉันรักคุณ
K-1
Filed May 2011
116 days to NOA2
4 days for the NVC
74 days to the interview
Interview date: 12/14/11 APPROVED!
POE: 12/16/11
Total days from NOA1 to K-1 Visa in hand: 202
Wedding Date: 12/27/11

AOS
Sent AOS: 4/21/12
NOA1: 4/30/12
RFE: 5/14/12
Biometrics App.: 5/21/12
Sent RFE Response: 5/31/12
Interview: 7/24/12
Approval: 10/12/12

Currently.... they have issued Ice the incorrect GC and we have tried 4 times to fix it. First time they had us send it to the incorrect address. Second time they said we used an expired form, which was the form they gave us. Third time was "oh sorry we lost the last page, can you send it again?." Fourth time is the gov is shut down. Will this ever be corrected in time for Ice to get the permanent GC? Stay tuned to find out. T_T

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Ontarkie Grand Master

Ontarkie   13,904

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

If he is still in the US and had no intentions of moving here at the time he entered. They can get married now and file and adjust his status now.

I'm also going to move this to thread as your nothing has been started yet.

~~Moved to What Visa do I Need, from IR1/CR1 P&P~~

Spoiler

Met Playing Everquest in 2005
Engaged 9-15-2006
K-1 & 4 K-2'S
Filed 05-09-07
Interview 03-12-08
Visa received 04-21-08
Entry 05-06-08
Married 06-21-08
AOS X5
Filed 07-08-08
Cards Received01-22-09
Roc X5
Filed 10-17-10
Cards Received02-22-11
Citizenship
Filed 10-17-11
Interview 01-12-12
Oath 06-29-12

Citizenship for older 2 boys

Filed 03/08/2014

NOA/fee waiver 03/19/2014

Biometrics 04/15/14

Interview 05/29/14

In line for Oath 06/20/14

Oath 09/19/2014 We are all done! All USC no more USCIS

 

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JFH Grand Master

JFH   12,189

Posted
Filed: Citizen (apr) Country: United Kingdom
 Timeline
Posted

Going back and forth and maxing out the visitor visa (staying the maximum time, going home for a week, coming back for the maximum time) is not at all advisable. Visitor visas are for visiting, not living in the USA in installments. Pretty soon CBP will spot what he is doing and send him back home when he next enters.

He can marry, stay and adjust now if he entered with no immigration intent. This is not as easy as it sounds and requires some thought as to whether it is the right option. He would not be able to work or leave the country until after the marriage and the advance parole has been filed (takes around 90 days). If they get married tomorrow and file straight away that's still the best part of 3 months that he can't work or leave the country. Since he entered with no immigration intent and still has all his ties at home, it makes it difficult to wrap things up at home.

Timeline in brief:

Married: September 27, 2014

I-130 filed: February 5, 2016

NOA1: February 8, 2016 Nebraska

NOA2: July 21, 2016

Interview: December 6, 2016 London

POE: December 19, 2016 Las Vegas

N-400 filed: September 30, 2019

Interview: March 22, 2021 Seattle

Oath: March 22, 2021 COVID-style same-day oath

 

Now a US citizen!

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