IR-1, CR-1 or K3 what do I want?

[Crazy Cat 39,206]

8 minutes ago, Allaboutwaiting said:

I do know that, but as many have stated throughout this forum, intent is defined at entry. We know a few of those tourist visa holders adjusting through the years might have had intent but were admitted. It is "legal" in those cases as the chance is given and they successfully adjust.

 

My question is more about USCIS actually having a rule regarding spouses living apart, they visit and then adjust. Like they allow tourist visa holders to adjust IF they marry when visiting but not already married couples? 

This is one attorney's  opinion-written article:

 

https://www.soundimmigration.com/can-i-enter-on-a-visitors-visa-b-2-and-then-adjust-status-to-permanent-resident/

 

"Even if the person gets into the U.S. they still cannot adjust status to permanent resident.

Let’s say our Chinese wife gets into the United States on her B-2 visitor’s visa. Remember that all along she was planning to apply for residency, so after entry her husband files and I-130 Petition for Alien Relative and she files an I-485 Application to Adjust Status to Permanent Resident. She’s already in the country, and their marriage is legitimate, so is she home free? No.

An I-485 application for permanent residency is considered an application for admission to the U.S. This is a counter-intuitive concept that many struggle with. Even though the applicant is already in the country, U.S. Citizenship and Immigration Services (USCIS) treats the person as though they are outside the U.S. and seeking entry. Why does that matter? Because the person is screened for all grounds of inadmissibility.

What are the grounds of inadmissibility? The immigration statute has a long list of rules about whether a person is admissible to the U.S. A person is considered inadmissible if she has certain diseases, has committed certain crimes, is a security threat, etc. But a person is also inadmissible if she has committed immigration fraud. Under INA 212(a)(6)(C)(i):

"

Edited March 29, 2019 by missileman

[Allaboutwaiting 2,499]

9 minutes ago, missileman said:

This is an attorney-written article:

 

https://www.soundimmigration.com/can-i-enter-on-a-visitors-visa-b-2-and-then-adjust-status-to-permanent-resident/

 

"An I-485 application for permanent residency is considered an application for admission to the U.S. This is a counter-intuitive concept that many struggle with. Even though the applicant is already in the country, U.S. Citizenship and Immigration Services (USCIS) treats the person as though they are outside the U.S. and seeking entry. Why does that matter? Because the person is screened for all grounds of inadmissibility."

Thanks 😊 Reading the whole article it seems that it is almost impossible to prove there was no intent in the case of spouses, adjustment would be doomed to denial and, at least those attorneys, avoid them at all cost.

[Sunfl0wer 12]

I’m a bit confused today. I received another notice of Action today for the I129F form saying it is in process. Wasn’t this the K part that everyone said isn’t happening anymore?

[Sunfl0wer 12]

On 3/28/2019 at 2:56 PM, missileman said:

K3s are obsolete.  You and your husband will have to start the IR-1 process.  The entire process will take 12-15 months from filing to visa in hand......

https://www.visajourney.com/content/i130guide1

Does it mean anything if I got the NOA for the I129F today? Is it possible they might do the K1?

[Boiler 43,425]

K1 you need to be single.

[Sunfl0wer 12]

1 minute ago, Boiler said:

K1 you need to be single.

Sorry confused with all these. K3 is the spouse one? You fill in the same 129F form so wasn’t sure why they sent it if they aren’t doing them?

[Crazy Cat 39,206]

5 minutes ago, Sunfl0wer said:

Does it mean anything if I got the NOA for the I129F today? Is it possible they might do the K1?

It only means they received an I-129f from you.......If you sent it expecting a K-3, it will still , in all likelihood, be closed in lieu of only the I-130. 

[geowrian 22,335]

8 minutes ago, Sunfl0wer said:

Sorry confused with all these. K3 is the spouse one? You fill in the same 129F form so wasn’t sure why they sent it if they aren’t doing them?

By law, the K-3 is still on the books so they must process it.

By policy, they will combine it with the I-130 and adjudicate them together. Also by policy, if the I-130 is adjudicated before or at the same time as an I-129F for the same beneficiary, they will close the I-129F.

NVC has a similar policy, so even if it gets through USCIS, NVC closes it there.

 

In short, you sent it so they will process it. But it's not really going anywhere.

Edited April 15, 2019 by geowrian

[Sunfl0wer 12]

Darn, thought I hit some luck. My husband sent it at the same time as the I130 not knowing it was obsolete.  Long before I found this website with so much information! Thanks guys!

[Crazy Cat 39,206]

Just now, Sunfl0wer said:

Darn, thought I hit some luck. My husband sent it at the same time as the I130 not knowing it was obsolete.  Long before I found this website with so much information! Thanks guys!

Personally, I think the CR-1/IR-1 is better anyway.......since No adjustment of status will be required. 

[Sunfl0wer 12]

The CR1 you wait until after the I130 get approved in 10 months right?

[Crazy Cat 39,206]

4 minutes ago, Sunfl0wer said:

The CR1 you wait until after the I130 get approved in 10 months right?

Yes, then NVC will process the case (2 months) before being sent to the consulate.

[Sunfl0wer 12]

9 minutes ago, missileman said:

Personally, I think the CR-1/IR-1 is better anyway.......since No adjustment of status will be required. 

Thank you for all your wisdom, talk to you next year at my next step

[Crazy Cat 39,206]

1 minute ago, Sunfl0wer said:

Thank you for all your wisdom, talk to you next year at my next step

My pleasure......Good luck........and remember that the immigration process is neither fast nor fun....but it is temporary......

[AbbyD 10]

2 hours ago, Sunfl0wer said:

The CR1 you wait until after the I130 get approved in 10 months right?

1. Just FYI, this depends very much on the service center you are assigned, your case, current policy, and luck.  My case, for example, is at Nebraska Service Center and I-130s are not being adjudicated for at least 10-12 months, as per VJ. Many, many people who filed 10-11 months ago have not received an NOA-2 yet. However, some at Potomac Service Center already have I-130s approved from Jan 2019. Unfortunately, a lot of this process seems to be luck, and everything seems to be slower than before. Hopefully, your case is much faster, but so that you are prepared, don't expect it to come in 7-10 months as seen from previous years. All you can do is make sure to do prepare the documents appropriately so that you do not receive RFEs and your only enemy is luck and waiting.

Edited April 16, 2019 by AbbyD