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Waldi

Looking for advice CR-1 vs I-485

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Filed: Timeline

Here is my situation:

Me: US Citizen living in the US

My spouse: non-US, currently living overseas, has valid tourist visa

We got married here in US in April while she was visiting, she went back to her country over the summer and we had big wedding party there. I'm back in US now. In the meantime we've sent out I-130 in June.

Now, the way I see it we have two options:

1) Let I-130 run it's course and if all goes well she will get her visa by February (estimate). However, in the meantime she would fly here on tourist visa and when we get notification from the embassy she would go back and take care of the visa process until it's issued then she'll come back to US and get her green card upon entry.

2) Fly here on tourist visa and start I-485 process and stay here until she gets the green card.

Anyone has any advice on which option is most viable? I was thinking option 1 would be quicker way to green card, less paperwork, and most cost effective but it sounds too good to be true, what am I missing?

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Filed: Citizen (pnd) Country: Denmark
Timeline

Here is my situation:

Me: US Citizen living in the US

My spouse: non-US, currently living overseas, has valid tourist visa

We got married here in US in April while she was visiting, she went back to her country over the summer and we had big wedding party there. I'm back in US now. In the meantime we've sent out I-130 in June.

Now, the way I see it we have two options:

1) Let I-130 run it's course and if all goes well she will get her visa by February (estimate). However, in the meantime she would fly here on tourist visa and when we get notification from the embassy she would go back and take care of the visa process until it's issued then she'll come back to US and get her green card upon entry.

2) Fly here on tourist visa and start I-485 process and stay here until she gets the green card.

Anyone has any advice on which option is most viable? I was thinking option 1 would be quicker way to green card, less paperwork, and most cost effective but it sounds too good to be true, what am I missing?

That's fraud.


 

 

 

 

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Filed: Citizen (apr) Country: Canada
Timeline

Agree with the above two posts. As you already have filed the I-130 you already have immigrant intent so your first option is the only legal option as Harpa said.


 

 

N400 - Naturalization                                                                                                           U.S. Passport

Aug 05, 2018 (Day 1): Applied for Naturalization online                                                Oct 01, 2019 (Day 1): Sent US Passport Application

Aug 06, 2018 (Day 2): Check Cashed, NOA1 received online                                        Oct 08, 2019 (Day 8 ) : Passport trackable 

Aug 11, 2018 (Day 6): Recvd notification that Biometrics appointment scheduled  Oct 17, 2019 (Day 17) : Received Passport

Aug 13, 2018 (Day 8): Received biometrics appt letter online                                      Oct 21, 2019 (Day 21) : Received Naturalization Cert. back

Aug 28, 2018 (Day 23): Biometrics Appt

May 06, 2019 (Day 274): In Line For Interview

Jun 11, 2019 (Day 311): Interview Date

July 01, 2019 (Day 327) : Oath Ceremony I AM NOW A US CITIZEN!!!!

 

FROM K-1 PETITION SENT TO OATH CEREMONY WAS ABOUT 7 YEARS 4 MONTHS

 

TO SEE MY FULL TIMELINE GO HERE: http://www.visajourney.com/forums/user/125109-cdnon-usavt/

 

"that their hearts may be encouraged, having been knit together in love, and attaining to all the wealth that comes from the full assurance of understanding." -Colossians 2:2-

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Filed: Citizen (pnd) Country: Ukraine
Timeline

Option 2 is NOT an option.


N-400

12/30/2019  Filed N-400 online

12/30/2019  NOA1

01/09/2020  Walk in biometric set up by IO at Ft. Myers to be done at ASC Ft. Myers.  Biometric completed.  Original Biometric was scheduled for  01/23/2020.  Estimated       Case Completion time 10 months (November 2020).

 

 

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Filed: Timeline

Oh, I didn't think of it this way, I thought if came here on tourist visa we could still decide to file for I-485.

Ok, so let's say we go with option 1, do you think she could still come here on tourist visa for few months while I-130 is pending and then go back? Would there be any issue with that?

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Filed: AOS (pnd) Country: Romania
Timeline

Oh, I didn't think of it this way, I thought if came here on tourist visa we could still decide to file for I-485.

Ok, so let's say we go with option 1, do you think she could still come here on tourist visa for few months while I-130 is pending and then go back? Would there be any issue with that?

If would be harder with an immigrant visan pending... Officers may think she will have other intentions than visiting ( obviously they have a good reason ) ...


AOS - PENDING

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Filed: Citizen (pnd) Country: Denmark
Timeline

Oh, I didn't think of it this way, I thought if came here on tourist visa we could still decide to file for I-485.

Ok, so let's say we go with option 1, do you think she could still come here on tourist visa for few months while I-130 is pending and then go back? Would there be any issue with that?

Yes, it's okay to VISIT doing the process but she has to return before her visa expires. She has to do medical and interview in home country.

Please fill in your timeline so people can see what country and all that.


 

 

 

 

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Filed: Timeline

If would be harder with an immigrant visan pending... Officers may think she will have other intentions than visiting ( obviously they have a good reason ) ...

That's true. Do you think she could be denied entrance and turned back? Would that that have any repercussions?

We obviously just want to spend some time (+holidays) together instead of being separated.

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If would be harder with an immigrant visan pending... Officers may think she will have other intentions than visiting ( obviously they have a good reason ) ...

But not impossible.

OP, the reason it would be difficult is because so many people take the route that you were thinking (option 2) and enter as tourists with every intention of staying. It's illegal to do that and the CBP officers need to decide whether she is planning the same or not when she arrives and they tend to err on the side of caution and deny people they suspect might be attempting this. Unfortunately, some genuine visitors, including spouses desperate to see their mates, are rejected because of that.


 

 

 

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Filed: IR-1/CR-1 Visa Country: Ghana
Timeline

She could be turned away at POE..if she makes it through, you can't chuck the I-130 and do I-485. Interview and everything will have to be completed in her home country not in the US.


(L)(L)(L)(L)(L)(L)(L)

CR- 1

Interview :  11/15/2016

Result: AP  (form 221 (g))

Correspondence with Embassy: Tons of emails, Facebook posts, tweets, Congressman inquiry

Complaint letter with OIG : 12/29/2016

Case dispatched to diplomatic pouch : 01/11/2017

Case dispatched from diplomatic mail service to NVC : 01/23/2017

Case arrived at NVC: 01/26/2017

NVC sent case to USCIS : 02/09/2017 (system update)

Case receive by USCIS (text & email notification): 03/07/2017

 

Reaffirm Petition Timeline for folks in GHANA.. Please update your information..Thank you!

https://docs.google.com/spreadsheets/d/1k0NXnbJdyEIRR1_Dr4t3yXmsM0tBbq-tZsj0-o3cMV0/edit?usp=sharing

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That's true. Do you think she could be denied entrance and turned back? Would that that have any repercussions?

We obviously just want to spend some time (+holidays) together instead of being separated.

Unlikely she'd be denied entry on a B2, but you never know. She'll have to tell CBP she's visiting her husband and let the officer decide. No repercussions on the CR-1. She gets interviewed at the US embassy in her home country.

And, :time:


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

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