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Richardrichfield Rookie

Richardrichfield   0

Posted
Filed: IR-1/CR-1 Visa Country: United Arab Emirates
 Timeline
Posted

Hello everyone! is there someone here that can help me that has  the same  situation like ours?

We're married for 10 years now with my filipino wife. She was already been in the US under CR-1 visa year 2008, but we left the US after a year only, she didn't even finish the 2 years validity period of her green card. Now she is here in the US under B-2 Visa, because she has SSN, she is currently working for 2 months now, but her B-2 visa soon to be expired. My questions are..

1.Can apply for her adjustment status and re-do the filing for CR-1 visa?

2. If i can file adjustment Status for her , can she stay here without worrying her B-2 visa expiration while waiting for Cr-1 visa get approve?

3.Once i will file for her CR-1 visa, her working here in the US with B-2 visa  can affect my filling?

4. Do i need to be in the Us to file for her, since my job is overseas?

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Transborderwife
Transborderwife

Perhaps not, but it's also not a current reason for denial as the spouse of a USC

TL2016
TL2016

You don't seem to understand what many of the previous posters have already said multiple times.    You are not applying for a CR-1/IR-1 visa.    You will be applying for "Adjustme

Tracy-->NY
Tracy-->NY

A B2 visa is for visiting and you aren't allowed to work. Even if you have a SSN as she left after a year in the US she would have abandoned her green card and you will need to reapply, submitting a n

Tracy-->NY Collaborator

Tracy-->NY   40

Posted
Filed: FB-1 Visa Country: Barbados
 Timeline
Posted

A B2 visa is for visiting and you aren't allowed to work. Even if you have a SSN as she left after a year in the US she would have abandoned her green card and you will need to reapply, submitting a new I130.

 

My Journey

Priority Date: July 24, 2007 (EAC)

AOS fee paid: February 2013

Request embassy change: May 2013

Son born: September 2013 (added to petition March 2014)

Interview: March 17, 2015 (Joint sponsor needed)

Joint sponsor documents submitted: April 27, 2015

Visas approved and issued: April 30, 2015. Had to return to embassy to do oath for son :)

Visa in hand: May 5, 2015 (two working days after issued)

IV fees paid: August 10, 2015

POE: JFK - September 10, 2015 (one day before visa expiry date - No hassle)

Returned to Barbados: September 28, 2015

Green cards: October 5, 2015 :dancing:

Entered US permanently: March 22, 2016

Applied for SSNs: March 28, 2016 (didn't tick box on DS-260)

SSN received: April 4, 2016;

Learner's permit: April 7, 2016 (in NY you also have to do 5-hour class);

Driver's License: July 13, 2016 (on first try) :dancing:

Husband's Journey (F2A)

Married: September 2015

I-130 sent: October 8, 2015 (via USPS)

Priority date: October 9, 2015 (WAC)

Petition approved: March 8, 2016 (5 months to the date of receipt) :)

NVC Welcome Letter: May 13, 2016
AOS documents sent: August 8, 2016
Case complete: September 14, 2016 (the waiting continues:clock:).

Interview:  October 5, 2017 (Approved - Issued following day :))

Visa in hand:  October 12, 2017

POE:  October 13, 2017

Green card:

SSN:

 

Ben&Zian Experienced

Ben&Zian   4,398

Posted
Filed: AOS (apr) Country: Philippines
 Timeline
Posted
4 minutes ago, Richardrichfield said:

Hello everyone! is there someone here that can help me that has  the same  situation like ours?

We're married for 10 years now with my filipino wife. She was already been in the US under CR-1 visa year 2008, but we left the US after a year only, she didn't even finish the 2 years validity period of her green card. Now she is here in the US under B-2 Visa, because she has SSN, she is currently working for 2 months now, but her B-2 visa soon to be expired. My questions are..

1.Can apply for her adjustment status and re-do the filing for CR-1 visa?

2. If i can file adjustment Status for her , can she stay here without worrying her B-2 visa expiration while waiting for Cr-1 visa get approve?

3.Once i will file for her CR-1 visa, her working here in the US with B-2 visa  can affect my filling?

4. Do i need to be in the Us to file for her, since my job is overseas?

 

 

Where are you currently? do you yourself even live in the US at this point? If yes then just file for AOS.

 

If you do not even live physically in the US, then no not really as you need domicile in the US  for this.

 

Her working illegally on a B2 is not good, that can get her denied during the AOS process and even barred from getting any other type of visa or status.

 

08/15/2014 : Met Online

06/30/2016 : I-129F Packet Sent

11/08/2016 : Interview - APPROVED!

11/23/2016 : POE - Dallas, Texas

From sending of I-129F petiton to POE - 146 days.

 

02/03/2017 - Married 

02/24/2017 - AOS packet sent

06/01/2017 - EAD/AP Combo Card Received in mail

12/06/2017 - I-485 Approved

12/14/2017 - Green Card Received in mail - No Interview

 

   

brickleberry GIF they see me rolling college football GIF by ESPN  

Transborderwife Veteran

Transborderwife   4,666

Posted
Filed: Other Country: Canada
 Timeline
Posted
2 minutes ago, Ben&Zian said:

 

 

Where are you currently? do you yourself even live in the US at this point? If yes then just file for AOS.

 

If you do not even live physically in the US, then no not really as you need domicile in the US  for this.

 

Her working illegally on a B2 is not good, that can get her denied during the AOS process and even barred from getting any other type of visa or status.

 

Working on a b2 cannot cause a denial/bar etc unless it's undeclared 

Unlockable Mentor

Unlockable   7,315

Posted
Filed: Citizen (pnd) Country: Dominican Republic
 Timeline
Posted

Her SSN is NOT a work authorization. Her Green Card under the CR1 was her work authorization. But since it is expired and/or abandoned it is no longer valid.

 

You can adjust her status but she is currently working illegally. She should stop working until this is resolved. When you submit the AOS package she will also be applying for a new work authorization.

 

Follow the guides in the link I provided for more detail.

http://www.visajourney.com/content/i130guide2

“When starting an immigration journey, the best advice is to understand that sacrifices have to be made... whether it is time, money, or separation; or a combination of all.” - Unlockable

geowrian Grand Master

geowrian   22,337

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

She is working illegally in the US. SSN is not a work authorization.

  1. You can file for a CR-1 visa or just do AOS. Since she is in the US already, AOS is fine and lets her stay in the US while it is being processed.
  2. If you file for AOS, she can stay while it is being processed. No CR-1 visa is used for AOS...visas are for entering the country. She's already in the country. Once she files for AOS, she (still!) cannot work or travel abroad until she gets EAD and/or AP (respectively).
  3. Filing for a CR-1 visa does not excuse illegal work. Illegal work is not a justification for denial for AOS.
  4. Yes.
Edited by geowrian

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

 

Richardrichfield Rookie

Richardrichfield   0

Posted
Filed: IR-1/CR-1 Visa Country: United Arab Emirates
 Timeline
  • Author
Posted
9 minutes ago, NuestraUnion said:

Her SSN is NOT a work authorization. Her Green Card under the CR1 was her work authorization. But since it is expired and/or abandoned it is no longer valid.

 

You can adjust her status but she is currently working illegally. She should stop working until this is resolved. When you submit the AOS package she will also be applying for a new work authorization.

 

Follow the guides in the link I provided for more detail.

http://www.visajourney.com/content/i130guide2

I am currently working overseas. Do i need to be in the US to apply for AOS?

Can I apply I-130 at overseas US embasy or do I need to go back just to file her AOS?

Transborderwife Veteran

Transborderwife   4,666

Posted
Filed: Other Country: Canada
 Timeline
Posted (edited)
Just now, Richardrichfield said:

I am currently working overseas. Do i need to be in the US to apply for AOS?

Can I apply I-130 at overseas US embasy or do I need to go back just to file her AOS?

You need to be in the USA.  She's not allowed to work 

Edited by Transborderwife
Richardrichfield Rookie

Richardrichfield   0

Posted
Filed: IR-1/CR-1 Visa Country: United Arab Emirates
 Timeline
  • Author
Posted
1 minute ago, Transborderwife said:

You need to be in the USA.  She's not allowed to work 

OK, thank you ,if she will stop now it is not too late right? But after i will file for her AOS , can she still stay there while waiting for CR-1 visa approval?

Unlockable Mentor

Unlockable   7,315

Posted
Filed: Citizen (pnd) Country: Dominican Republic
 Timeline
Posted (edited)
5 minutes ago, Richardrichfield said:

I am currently working overseas. Do i need to be in the US to apply for AOS?

Can I apply I-130 at overseas US embasy or do I need to go back just to file her AOS?

Oh boy. Things got a little more complicated.

 

You have to be in the US to adjust her status. As in reside in the US. Not simply visit.

 

At this point I think it is best that she returns to you until the two of you are ready to make the move here. She will not have a way to become legal without you here if she overstays her visitor visa.

 

Do you still have US domicile?

Edited by NuestraUnion

“When starting an immigration journey, the best advice is to understand that sacrifices have to be made... whether it is time, money, or separation; or a combination of all.” - Unlockable

Transborderwife Veteran

Transborderwife   4,666

Posted
Filed: Other Country: Canada
 Timeline
Posted
1 minute ago, Richardrichfield said:

OK, thank you ,if she will stop now it is not too late right? But after i will file for her AOS , can she still stay there while waiting for CR-1 visa approval?

You wouldn't be doing a cr1.  You'd be doing an I-130+I-485.  Take a look at the adjustment of status guides on here

Richardrichfield Rookie

Richardrichfield   0

Posted
Filed: IR-1/CR-1 Visa Country: United Arab Emirates
 Timeline
  • Author
Posted
2 minutes ago, NuestraUnion said:

Oh boy. Things got a little more complicated.

 

You have to be in the US to adjust her status. As in reside in the US. Not simply visit.

 

At this point I think it is best that she returns to you until the two of you are ready to make the move here. She will not have a way to become legal without you here if she overstays her visitor visa.

But I reside in the US, I just work overseas. the I-130 I can apply overseas but the AOS I need to come back to the US.

Richardrichfield Rookie

Richardrichfield   0

Posted
Filed: IR-1/CR-1 Visa Country: United Arab Emirates
 Timeline
  • Author
Posted
7 minutes ago, NuestraUnion said:

Oh boy. Things got a little more complicated.

 

You have to be in the US to adjust her status. As in reside in the US. Not simply visit.

 

At this point I think it is best that she returns to you until the two of you are ready to make the move here. She will not have a way to become legal without you here if she overstays her visitor visa.

 

Do you still have US domicile?

Yes I do Sir!

 
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