K1/CR1 visa

[Suss&Camm 2,213]

Just now, phoenix2017 said:

Ic. Thanks for clarification.

 

Did you hire a lawyer for your visa or you do it on your own? I was wondering that for my case..

I/we did it on our own. You'll find people here will advise you that unless you have extraordinary circumstances, you're better of saving the thousands of dollars in legal fees, since most ppl here did it themselves. It's not hard, just takes research. If you hire a lawyer it's basically hiring someone to fill out your forms, since you'll still need to gather all the documents (and that's what takes time) and further many lawyers make costly mistakes. Personally I could take a mistake if I had done it myself, but I'd be thoroughly PO'ed if someone I paid did it.

[Suss&Camm 2,213]

2 minutes ago, geowrian said:

AOS isn't a visa. It's handled by USCIS. Visas are handled by the embassies, which are under DOS.

 

The new rule regarding preconceived intent is a DOS rule, and is not adopted by USCIS at this time (and doing so would be difficult due to past court cases). Technically, due to this change, going for a CR-1 visa after marrying within 90 days would be more difficult now. Some background info for others not familiar with the change:

http://www.nafsa.org/Professional_Resources/Browse_by_Interest/International_Students_and_Scholars/DOS_Expands_Presumption_of_Misrepresentation_Rule_to_90_Days/

Good info - and if it isn't then adopted by USCIS I see no point in it whatsoever. lol

[geowrian 22,335]

Just now, Suss&Camm said:

Good info - and if it isn't then adopted by USCIS I see no point in it whatsoever. lol

True. Maybe USCIS will adopt it,  maybe they won't...I learned not to make predictions on what immigration will do with policies. Then the legal battles will probably resume .

[Suss&Camm 2,213]

2 minutes ago, geowrian said:

True. Maybe USCIS will adopt it,  maybe they won't...I learned not to make predictions on what immigration will do with policies. Then the legal battles will probably resume .

Agreed, would worry about it if I was in that position though.. predicting is one thing, but trying to plan for your life is something we all need to do.. so that part would at least be in the back of my mind..

[phoenix2017 1]

1 minute ago, Suss&Camm said:

Agreed, would worry about it if I was in that position though.. predicting is one thing, but trying to plan for your life is something we all need to do.. so that part would at least be in the back of my mind..

Yeah, it's going to be tricky... sounds quite complicated, with applying for AOS @USCIS and getting CR1 @DOS... am I correct? Are they two separate processes or all rolled into one? I really need to start reading the details and understanding the exact procedure now. But anyway not within 90 days got it. 

[Suss&Camm 2,213]

16 minutes ago, phoenix2017 said:

Yeah, it's going to be tricky... sounds quite complicated, with applying for AOS @USCIS and getting CR1 @DOS... am I correct? Are they two separate processes or all rolled into one? I really need to start reading the details and understanding the exact procedure now. But anyway not within 90 days got it. 

Again - if you are marrying here, you DO NOT apply for  visa AT ALL. You would file a AOS packet with an i-130 petition. It would all be handled by USCIS.

 

The visa is if you want to enter first on a visa that is actually provided for what you are wanting to do, which is immigrate. Having the correct visa upon entering the US, would eliminate any potential worries about using a visa for something it wasn't intended to be used for. (which is what the policy addresses). 

 

Your visa was issued for tourism purposes, but there is a legal option for people that have a change of heart once INSIDE the country and decide to marry and AOS or just AOS if already married.

 

Regardless of route, a petition (i-130 for CR1/IR1/AOS or i129f for K1) is always sent to USCIS - it is the USC petitioning you. It then moves on for the second bit, which is either a visa application at the foreign embassy or an AOS application inside the US. (the i130 and AOS inside the country can be sent at the same time, but the petition being approved is always the first step.)

 

Yes read the VJ guides, they are very informative.

Edited September 26, 2017 by Suss&Camm

[phoenix2017 1]

10 minutes ago, Suss&Camm said:

Again - if you are marrying here, you DO NOT apply for  visa AT ALL. You would file a AOS packet with an i-130 petition. It would all be handled by USCIS.

 

The visa is if you want to enter first on a visa that is actually provided for what you are wanting to do, which is immigrate. Having the correct visa upon entering the US, would eliminate any potential worries about using a visa for something it wasn't intended to be used for. (which is what the policy addresses). 

 

Your visa was issued for tourism purposes, but there is a legal option for people that have a change of heart once INSIDE the country and decide to marry and AOS or just AOS if already married.

 

Regardless of route, a petition (i-130 for CR1/IR1/AOS or i129f for K1) is always sent to USCIS - it is the USC petitioning you. It then moves on for the second bit, which is either a visa application at the foreign embassy or an AOS application inside the US. (the i130 and AOS inside the country can be sent at the same time, but the petition being approved is always the first step.)

 

Yes read the VJ guides, they are very informative.

Ok that's much clearer for me now, many thanks for the detailed explanation. Yes, I am reading the guides, thanks again.

[Ontarkie 13,918]

~~Duplicate threads merged. Please keep all related questions to this one thread. ~~

~~Moved to AOS from Work, Student and Tourist Visas, from What Visa do I need - As the OP is looking on how to process inside the country.~~

[GabiMatch 161]

Hi, I'm now under AOS after getting married here around 5 months after my arrival on a tourist visa B2...I'm assuming that just like me, you didn't have the intention of getting married or adjusting your status when you arrived (it would be considered visa fraud), in this case, if you really want to marry this person and live here, you have to wait at least 90 days after your arrival to do so (otherwise, they will assume that you had the intention of getting married before you even get here). After that you just have to send your AOS package and hope for the best. The is the fastest way to get your status changed and the good part is that you'll not vent have to be far from your love at all!

Good luck!

PS: You can't work before you get your EAD and it should take more or less 3 months after your package is delivered and the case is accepted.

[I&A2017 10]

In the link you can see the process for Fiance visa and also in the link talk about what can happen if you marry with a different kind visa that the CR1 or K1https://www.uscis.gov/sites/default/files/USCIS/Resources/A2en.pdf

 

 

that is only like general information 

 

i hope all be fine 

 

Edited September 26, 2017 by Fiancehappy

[martin bk 19]

4 hours ago, phoenix2017 said:

Thanks for your reply. But I am already in the States right now... does that mean I have to go back to my home country to wait for a year (CR1) before I can come back? 

Yes, you can marry and AOS - adjust status. 

And stay in the US. 

Edited September 26, 2017 by martin bk
Added info

[David & Diana R 1,005]

4 hours ago, Suss&Camm said:

K1 is taking about 6-7 months at present. In the past it has taken anywhere from 3-7 months. A CR1 takes approximately a year to be approved. K3 is practically obsolete. Yes they both require you to return to your home country for medical and interview, before entering using the approved visa.

 

I was a K1 - you can look at my timeline. K1 has a faster processing but is more expensive and you can't work right away when you arrive in the US. You first have to marry and file for AOS together with EAD/AP (work authorization and advanced parole for travel).

 

CR1 takes longer but you can work upon entry and it is cheaper.

This is incorrect.  You can stay since you are already here.  Marry and stay!

[Suss&Camm 2,213]

3 minutes ago, David & Zoila said:

This is incorrect.  You can stay since you are already here.  Marry and stay!

Threads have been merged. My response was to another similar thread posted by the OP where the question was if IR1/K3/K1 require them to return to their home country. That post has been removed.

[Daisy.Chain 317]

Of course, you always have the option to take a little more time, go home and wrap up lose ends, then come back on a CR-1 visa and be eligible to work and travel immediately upon stepping foot in the country.

[inloveVEN 46]

22 hours ago, phoenix2017 said:

Thanks for your reply. But I am already in the States right now... does that mean I have to go back to my home country to wait for a year (CR1) before I can come back? 

You are right, K1 main idea is to help couples with a fiance living abroad.  K1 is non immigrant visa valid for one trip. Because you are married and both in USA, there is a visa available for you so you can apply to file concurrent petition CR1 = ( i130, AOS, AP and EAD) additionally in this way it  is cheaper. You AP and EAD takes about 4 month ( then you can work) and the whole process could take 10 month

wish you luck

Edited September 27, 2017 by inloveVEN