F4 vs CR1

[EandH0904 1,184]

A friend who recently filed CR1 found out when filing that her new husband's brother had filed an F4 petition.  She got this case number and after they filed CR1 realized his priority date was 2 months from being current. 

 

If the F4 petition becomes current, will he be able to come to the US on that? Or will the CR1 essentially cancel the F4 out? 

 

Petitioner and the husband's brother do not live in same states. She did know about this before marrying/filing CR1 but wasnt 100% sure of the priority date before. Her lawyer did not mention anything about it to her either way. 

[NikLR 13,220]

~~moved to process and procedures from progress reports ~~

[Boiler 43,396]

You can have multiple petitions, go with what comes up first.

[aaron2020 11,651]

Go with the F4 case.  Get a regular green card through his brother..  No need to deal with a conditional green card and ROC with a CR-1 spousal visa.  

 

Contact the NVC to start processing under the F4.

Edited November 30, 2018 by aaron2020

[janet3 1,170]

Does one cancel out the other? If he is denied the F4 does it have any impact on the cr1? Or visa versa? If you have two potential visas waiting to be processed....,is there one that is superior to the other?

 

 

Edited November 30, 2018 by janet3

[aleful 1,905]

Spoiler

 

 

 

no, a person can have more than one petition on their behalf at the same time

 

 

[pushbrk 12,092]

13 minutes ago, janet3 said:

Does one cancel out the other? If he is denied the F4 does it have any impact on the cr1? Or visa versa? If you have two potential visas waiting to be processed....,is there one that is superior to the other?

 

 

One does not cancel out the other.  Go with the one that comes up first.  The F4, if granted would result in a 10 year green card, where the CR1 would be a 2 year card, requiring removal of conditions.

[janet3 1,170]

2 minutes ago, pushbrk said:

One does not cancel out the other.  Go with the one that comes up first.  The F4, if granted would result in a 10 year green card, where the CR1 would be a 2 year card, requiring removal of conditions.

Thank you. 

If one visa is denied does the other have a chance of being approved....

For this scenario.....if the F4 is denied will it effect the cr1?

[Boiler 43,396]

That would depend on why it was denied.

[janet3 1,170]

2 minutes ago, Boiler said:

That would depend on why it was denied.

Just trying to wrap my head around all of this......

and I appreciate your advice and thoughts.....

so as @pushbrk said it’s whatever visa comes complete first.....so say the cr1 hits the table first (and all of this is taking place in Morocco) and the cr1 is denied....the F4 is still viable? Will they hold the determination of the cr1 against the F4?

[Boiler 43,396]

Assuming the reason for the denial is not also applicable to the other it should have no effect.

[pushbrk 12,092]

5 hours ago, Boiler said:

Assuming the reason for the denial is not also applicable to the other it should have no effect.

Or in other words, whichever comes first, if it is denied, whether it will impact the other depends on the reason.  Sounds like the F4 will come first, not second.

[Jeanne Adil 1,651]

Being Morocco it will look like visa shopping and they don't like to find out the spouse did not know about this

Spouses are suppose to know everything/  that is the way Morocco views it in interview

we going thru casa embassy know that not disclosing info to USC is considered using the American and considered a lie 

they take this very serious

they don't worry about K1 or a CR1 and someone applying DV lottery 

 

wonder how he will answer  the question of why marry and USC do spouse visa?

 

Casa may not catch the 2 applications but for her i would wonder

is he going to live with brother or her?`

[HU87 9]

5 hours ago, adil-rafa said:

wonder how he will answer  the question of why marry and USC do spouse visa?

How would that negatively affect the F4?

5 hours ago, adil-rafa said:

is he going to live with brother or her?`

With the F4 he can live with her. Not an issue.

5 hours ago, adil-rafa said:

Being Morocco it will look like visa shopping and they don't like to find out the spouse did not know about this

Since the F4 takes a long time (the slowest), it's reasonable that the couple didn't consider it in the decision making process before starting the CR-1.

Edited November 30, 2018 by HU87

[Jeanne Adil 1,651]

41 minutes ago, HU87 said:

How would that negatively affect the F4?

With the F4 he can live with her. Not an issue.

Since the F4 takes a long time (the slowest), it's reasonable that the couple didn't consider it in the decision making process before starting the CR-1.

point being she didn't know about the F4

Casa is known to be a difficult embassy 

and they like to ask questions about the relationships (for spouse)

he was not truthful to the USC when he married and she applied

if they see both applications,   they can (and do) assume the moroccan is visa shopping

 

 he can live with her but he has to travel to address listed for the F4 if that is approved first

and if this was my husband i would wonder if he intended to live with me

even those approved for CR1 come here, get green card and are instantly gone

i am mentioning this man may have an alternative plan