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Amarylis

Can I start the CR-1 application from within the USA on a tourist visa without adjustment of status?

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

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Amarylis Rookie

Amarylis   0

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

Hey!

 

Just got married, just starting the CR-1. Now the border control officer told me I could not do the CR-1 while on a tourist visa. 

I've read through this forum and the USCIS website, and can't find confirmation. Can't we just send in the i-130 package while I'm here, without applying for adjustment of status? I'm planning to go back to Europe before my tourist visa runs out :)

 

So I would probably have to go back to Europe to do the medical exam and stuff, but it will take a few months for the i-130 to get through anyhow, right? 

 

Thanks!

aayitrun Collaborator

aayitrun   66

Posted
Filed: Timeline
Posted

why not apply for aos with a 131 for free and then travel using the advance parole?

2006 - Entered US on F-1
2009 - COS to H-1
2011 - Married USC

Conditional GC Process:
04/2012 - Concurrent I-130 petition / I-485 AOS / I-765 EAD / I-131 AP sent
35 days to biometrics, 73 days to EAD/AP combo card, 85 days to interview, 96 days to Conditional Green Card

04/2014 - Eligible for ROC

06/2014 - I-751 package filing joint with spouse sent

5 days to extension,37 days to biometrics, 172 days to CSC transfer, 247 days to Green Card

04/2015 - Eligible for Citizenship

09/2015 - N-400 package filing on basis of USC spouse sent

29 days to biometrics, 105 days to interview, 147 days to oath and US citizenship

~ 9 years and 6 months from first entry to US citizenship

geowrian Grand Master

geowrian   22,338

Posted
Filed: Lift. Cond. (pnd) Country: Philippines
 Timeline
Posted

I'm assuming you/your spouse is a USC.

 

Yes, the I-130 can be filed while in the US. You just need to return home for the medical/interview/visa/etc. CR-1 is currently ~10-12+ months.

 

And yes, AOS is an option as well. AP (I-131) takes about 3 months to obtain, which would let you leave the US for short trips and then re-enter the US.

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

Yeonin Collaborator

Yeonin   127

Posted
Filed: IR-1/CR-1 Visa Country: Netherlands
 Timeline
Posted
44 minutes ago, Amarylis said:

Hey!

 

Just got married, just starting the CR-1. Now the border control officer told me I could not do the CR-1 while on a tourist visa. 

I've read through this forum and the USCIS website, and can't find confirmation. Can't we just send in the i-130 package while I'm here, without applying for adjustment of status? I'm planning to go back to Europe before my tourist visa runs out :)

 

So I would probably have to go back to Europe to do the medical exam and stuff, but it will take a few months for the i-130 to get through anyhow, right? 

 

Thanks!

Congratulations! 

 

So did you travel using the ESTA waiver or filed for a tourist visa. Because if you used the ESTA to enter the US you can't stay longer than 3 months and iT might...well it's going to.... hinder you applying for adjustment of status. The information is on the website of the uscis, that's your most credible source. Im from Holland,always travelled with an ESTA, we eloped last August and came back home, back to work and we filed last january. 

Amarylis Rookie

Amarylis   0

Posted
Filed: IR-1/CR-1 Visa Country: Belgium
 Timeline
  • Author
Posted
1 hour ago, aayitrun said:

why not apply for aos with a 131 for free and then travel using the advance parole?

Because I hadn't heard about the 131! :) Thanks for the tip. 

 

geowrian, Yeonin, I'll look into the 131, but I won't adjust status while still using my tourist visa. Thank you :)

Ryan H Grand Master

Ryan H   3,834

Posted
Filed: Lift. Cond. (apr) Country: China
 Timeline
Posted

If you are not going to apply to adjust status, then don't bother filing for Advanced Parole.

Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

December 18, 2023:  Filed I-90 to renew Green Card

December 21, 2023:  Production of new Green Card ordered - will be seeing USCIS again every 10 years for renewal

 

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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