CR-1 and CR-2 Question

[tru123go 0]

Afternoon everyone,

 

My fiancee and I are about to get married in March 11th. Here is a quick story about us:

 

In December 25th, 2015, we met online and traveled, stayed together, and fell in love. She is here on F-1 and is graduating at the end of May (but has one summer class for June before she gets her degree). By the end of 2016, I had bought rings to propose to her. Unfortunately, she left back to China so I had to wait until she came back, January 22nd, 2016. She came back with her daughter and Mother, both on B2 visas. I have stayed with them the week they came back. On January 26th, I proposed to her in front of her Mother and daughter (I made them both cry! oops). Through some surprising life circumstances, we decided to get married in March 11th (Spring Break).

 

Now, the legal questions. I think since I proposed and will be married her to close to her entering the US, I think applying for AOS would be a bad idea (pain and headache with proving no intent) thought we have a lawyer consultation on March 14th to discuss the matter. I am fully expecting his answer to be "Bad idea!". If this is what the lawyer says, then we are pursuing a CR-1 and CR-2.

 

Is there anything wrong with us applying for CR-1 and CR-2 while they stay here on B2 and F1 until their time is up and they go back? That would greatly reduce the amount of time we are separated from each other, for us to be here together until I at least know I have received NOA2 and whatnot. Also, the historic time frame for the US Embassy in China and, if we get the Texas Service Center since I am from Oklahoma, looks to be VERY short, like 273 days (9.1 months, just round to 10 months for safe side). This means if we apply in March after our marriage, the entire process would complete by mid January 2018. Since she graduates in June, she can stay for another 60 days before she has to leave, that would be around August, meaning it's just around 6 months apart.

 

Is there anything wrong with this process? Also, does applying for a CR-1 and CR-2 make the process take longer? Will her daughter and my fiancee have the interview together at the same time over in China?

[Ryan H 3,902]

The burden is not on you to prove no intent, the burden would be on the government to prove Material Misrepresentation.  If her staying and adjusting after marriage would work better for you, then that avenue is open.  You don't need to pay a lawyer to tell you that; however, if that lawyer is halfway decent, they will echo what I just told you.

 

In case you didn't already know, her daughter can't have turned 18 before you get married or you will not be able to petition her.

[JFH 12,195]

Don't assume that because you are from Oklahoma that your file will be sent to the USCIS service center in Texas (if you are planning on taking the spousal visa route). USCIS sends the files to whichever service center they see fit and the location of the petitioner plays no part in this. People from Maine have had their files sent to California and people from Hawaii have had theirs sent to Potomac. No rhyme or reason to it at all. 

 

I would estimate a year from start to finish for a CR-1 visa process and be pleased if you make it through everything quicker. 

[tru123go 0]

Ya, that is correct. I did make that assumption.