Can spouse stay in US while CR-1 is processed

[Diane and Chris 651]

10 hours 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).

So why don't more people stay in the US after marriage and AOS here?

[geowrian 22,336]

42 minutes ago, Diane and Chris said:

So why don't more people stay in the US after marriage and AOS here?

Many in the OP's situation do. Others are unwilling or unable to spend the ~4 months not working or traveling home. And they cannot travel home and return to AOS (see below).

 

Just as a note, it is fraud to enter the US with the intent to marry & AOS. So the option to AOS is only available to those who are already inside the US.

Edited August 29, 2017 by geowrian

[Boiler 43,788]

10 hours ago, Diane and Chris said:

So why don't more people stay in the US after marriage and AOS here?

Most do.

[Delta7 9]

16 hours ago, missileman said:

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

Thank you. I spoke with her briefly and she is not sure she can go without seeing her parents for 4 more months, since they are waiting for her to return. So I'm not sure if we are going to proceed with the original K1 route, or CR1. We just don't know the ramifications or effects of the US having to cut their diplomatic staff by 65-70%. Hopefully the interview stage doesn't skyrocket in processing time too too much?..

[piff 46]

She is probably here on Work and Travel J-1, so no waiver will be needed.

[Delta7 9]

Just now, piff said:

She is probably here on Work and Travel J-1, so no waiver will be needed.

Correct, she does not have a two year home residency requirement on her current J1 visa.

[piff 46]

1 minute ago, Delta7 said:

Correct, she does not have a two year home residency requirement on her current J1 visa.

just get married, and then apply for AOS

[Delta7 9]

Just now, piff said:

just get married, and then apply for AOS

That's what I would prefer, but she is skeptical about telling her parents she won't be home for another 4-5 months 

[Boiler 43,788]

3 minutes ago, Delta7 said:

That's what I would prefer, but she is skeptical about telling her parents she won't be home for another 4-5 months 

Then you are in for the long haul.

[piff 46]

50 minutes ago, Delta7 said:

That's what I would prefer, but she is skeptical about telling her parents she won't be home for another 4-5 months 

it is about 3 months before advance parole is issued and she can travel

[DrEllaNJ 288]

Would she rather be separated from her parents for another 4-5 months, or separated from you for about a year, or who knows how long given the cuts in staff in Russia?

[Delta7 9]

1 hour ago, DrEllaNJ said:

Would she rather be separated from her parents for another 4-5 months, or separated from you for about a year, or who knows how long given the cuts in staff in Russia?

Does the advanced parole document let her travel back to Russia after 4 months to see her parents? Is there any limitations of this document?

[geowrian 22,336]

Just now, Delta7 said:

Does the advanced parole document let her travel back to Russia after 4 months to see her parents? Is there any limitations of this document?

Yes. Once AP is approved (~4 months from filing), she can visit home. She can't stay abroad for an extended period...she needs to maintain her claim to US residency, but a month or two is normally fine.

[Delta7 9]

20 minutes ago, geowrian said:

Yes. Once AP is approved (~4 months from filing), she can visit home. She can't stay abroad for an extended period...she needs to maintain her claim to US residency, but a month or two is normally fine.

Thank you. Would she need to go to the embassy In Moscow at all? Or upon approval of the AP,  does she receive some type of certificate allowing her to re-enter?

[geowrian 22,336]

3 minutes ago, Delta7 said:

Thank you. Would she need to go to the embassy In Moscow at all? Or upon approval of the AP,  does she receive some type of certificate allowing her to re-enter?

No need to go to the embassy in Moscow. If she applies for AP + EAD, she will likely get a combo card. Just show that + her passport to re-enter (and having a copy of the marriage certificate if she changes her name can be helpful). If she doesn't get a combo card, she just shows the AP document instead of the combo card.

Edited August 29, 2017 by geowrian