Can spouse stay in US while CR-1 is processed

[Delta7 9]

I've been seeing my now Russian fiancé (19F) for 3 months now. She came here on a J1 visa (student exchange) that expires on 9/15. We were going to apply for the K1 visa after she left, but with the current political unrest between our countries (https://ru.usembassy.gov/fact-sheet/), there is so much unknown with the timeline of the process.

I am just curious, if we got a civil marriage here in the US in the next week or so, would she be able to stay in the US while the CR-1 and I-130 gets processed? This way we can bypass the whole part of the process that depends on Russia (Now that they are doing ALL visa processing at a lone embassy in Moscow)

[KULtoATL 1,551]

CR-1 will be processed in her home country. You won't be able to bypass that if you guys go the CR-1 route. What you're looking for is AOS within the US but she'll likely need a waiver for the 2-year residency requirement for J visa holders.

[Coco8 1,039]

Why not AOS in the US?

 

Check whether she needs a J1 waiver and start that as soon as possible (as long as there is no Dept of State funding involved).

[Delta7 9]

Just now, Coco8 said:

Why not AOS in the US?

 

Check whether she needs a J1 waiver and start that as soon as possible (as long as there is no Dept of State funding involved).

Yeah, it would be adjustment of status that would get filed if we got married here. However, with her current visa expiring on 9/15, is this enough time for her to not have to leave? The whole Russia/US relations are really making things difficult

[geowrian 22,336]

7 minutes ago, Delta7 said:

Yeah, it would be adjustment of status that would get filed if we got married here. However, with her current visa expiring on 9/15, is this enough time for her to not have to leave? The whole Russia/US relations are really making things difficult

Once you file for AOS, you are granted authorized stay while AOS is pending. Also file for AP + EAD so she can travel abroad and work...ETA: ~4 months for those (and close to a year for AOS itself).

[Delta7 9]

16 minutes ago, geowrian said:

Once you file for AOS, you are granted authorized stay while AOS is pending. Also file for AP + EAD so she can travel abroad and work...ETA: ~4 months for those (and close to a year for AOS itself).

I just learned about this J-1 "two year home residency requirement". I'm not sure if she has it or not, how would she go about finding out? And how hard is it to get it waived?

Edited August 28, 2017 by Delta7

[Delta7 9]

17 minutes ago, Delta7 said:

I just learned about this J-1 "two year home residency requirement". I'm not sure if she has it or not, how would she go about finding out? And how hard is it to get it waived?

Confirmed her visa does not have this two year home residency requirement

[geowrian 22,336]

6 minutes ago, Delta7 said:

Confirmed her visa does not have this two year home residency requirement

Cool. Then you can marry and AOS fine.

[Delta7 9]

Just now, geowrian said:

Cool. Then you can marry and AOS fine.

Although the two of us know we are not committing immigration fraud, do you think we will get any flak from the govt? We have plenty of proof (pictures of each other in Boston on trips, we have plans to go to Niagra Falls the weekend of 9/10). I guess I'm just curious how hard we will be investigated?

[geowrian 22,336]

3 minutes ago, Delta7 said:

Although the two of us know we are not committing immigration fraud, do you think we will get any flak from the govt? We have plenty of proof (pictures of each other in Boston on trips, we have plans to go to Niagra Falls the weekend of 9/10). I guess I'm just curious how hard we will be investigated?

They will look at the totality of the evidence presented. If it's not fraud, then you should be fine. You will submit evidence of a bona fide marriage (+ relationship leading up to marriage) with the initial I-130 + I-485, then they will interview the beneficiary (likely in the better part of a year) and make a decision. Provide more evidence at that time as well...you should be able to have a shared leased/mortgage/other housing arrangement by then, bank or credit account(s) together, being beneficiaries on each other's insurances and such, etc. There is no set list of items that make the marriage bona fide...just send whatever you do have and collect more while you wait for the interview. I just mentioned those as some examples of financial commingling and living together (things they like to see, but are not requirements).

[Coco8 1,039]

1 hour ago, Delta7 said:

Yeah, it would be adjustment of status that would get filed if we got married here. However, with her current visa expiring on 9/15, is this enough time for her to not have to leave? The whole Russia/US relations are really making things difficult

Yes, it is enough time. Any "overstay" is forgiven basically because USCIS does not care about it, that is a State Department purview. So as long as she stays and AOS, there is no problem of staying past her expiration date.

 

Plus, J1 has a 30 day grace period after expiration, so she can stay until 10/15 without any problems. 

 

I'd recommend submitting the packet for AOS before the expiration date. As long as you guys do that, you are doing everything by the book. Time that goes by won't be held against her as long as you are doing AOS. Let's say you decide not to go through with it and you filed AOS, any time she stayed over her J1 + 30 day grace period is fine (because of AOS). 

 

 

[Delta7 9]

2 minutes ago, Coco8 said:

Yes, it is enough time. Any "overstay" is forgiven basically because USCIS does not care about it, that is a State Department purview. So as long as she stays and AOS, there is no problem of staying past her expiration date.

 

Plus, J1 has a 30 day grace period after expiration, so she can stay until 10/15 without any problems. 

 

I'd recommend submitting the packet for AOS before the expiration date. As long as you guys do that, you are doing everything by the book. Time that goes by won't be held against her as long as you are doing AOS. Let's say you decide not to go through with it and you filed AOS, any time she stayed over her J1 + 30 day grace period is fine (because of AOS). 

 

 

Thank you so much. So essentially, if we decide we want to go down this route..We get a basic civil court marriage, she files for AOS, as well as I-130, I-485, I-765, I-131 (Advanced Parole Travel Document) and the I-864. These documents allow her to stay here, work, and travel outside (to see her family etc) once they get approved (765+131)?

[Coco8 1,039]

4 minutes ago, Delta7 said:

Thank you so much. So essentially, if we decide we want to go down this route..We get a basic civil court marriage, she files for AOS, as well as I-130, I-485, I-765, I-131 (Advanced Parole Travel Document) and the I-864. These documents allow her to stay here, work, and travel outside (to see her family etc) once they get approved (765+131)?

Yes. Right.

 

You should look up threads and lists of what people present for evidence of bona fide marriage. After filing, you should still keep collecting that in case they ask for more or you need it for later. 

 

 

 

[Crazy Cat 39,736]

4 hours ago, Delta7 said:

Thank you so much. So essentially, if we decide we want to go down this route..We get a basic civil court marriage, she files for AOS, as well as I-130, I-485, I-765, I-131 (Advanced Parole Travel Document) and the I-864. These documents allow her to stay here, work, and travel outside (to see her family etc) once they get approved (765+131)?

Good plan!!   Congratulations and good luck on your journey...

[Ryan H 3,796]

Moved from IR-1/CR-1 Process & Procedures to Adjustment of Status from Work, Student, & Tourist Visas forum.