CR1 Visa Question

[Rudraksh 0]

Hi, 

 

I am currently having a PR and waiting for the Naturalization but due to the cursed 2020 its all delayed. So, the question is, if I do get married on Green Card can I apply for CR1 visa as soon as I get the Citizenship? So this is getting married before getting the citizenship and hold the paperwork till I get the citizenship and then applying. 

 

Please let me know your thoughts. 

 

Thanks in advance,

Rudy

 

 

[Dashinka 23,355]

9 minutes ago, Rudrakshs said:

Hi, 

 

I am currently having a PR and waiting for the Naturalization but due to the cursed 2020 its all delayed. So, the question is, if I do get married on Green Card can I apply for CR1 visa as soon as I get the Citizenship? So this is getting married before getting the citizenship and hold the paperwork till I get the citizenship and then applying. 

 

Please let me know your thoughts. 

 

Thanks in advance,

Rudy

 

 

There was another thread discussing someone who filed for an F2A for their spouse as an LPR, and then were subsequently naturalized right before their spouse was supposed to be interviewed for their visa.  Since you have already started your N400, and aren't yet married, it might be a good idea to wait for your naturalization to complete before filing for the CR1.  As to when to get married, that is totally up to you and your future spouse.

 

Good Luck!

 

 

Edited October 26, 2020 by Dashinka

[payxibka 10,044]

3 minutes ago, Dashinka said:

There was another thread discussing someone who filed for an F2A for their spouse as an LPR, and then were subsequently naturalized right before their spouse was supposed to be interviewed for their visa.  Since you have already started your N400, and aren't yet married, it might be a good idea to wait for your naturalization to complete before filing for the CR1.  As to when to get married, that is totally up to you and your future spouse.

 

Good Luck!

 

 

Problem with the other post was not related to the beneficiary but derivatives.  The OP of this thread won't experience those issues (assuming no children).

 

OP.  You can petition anytime you are eligible and ready.  

[Rudraksh 0]

@payxibka

 

Hi,

 

No children. 

Just so I am understanding it correctly, should I get married with my GC and once I am Naturalized then file for CR1? 

 

Thanks in advance.

 

Rudy

[KevNat 1]

16 minutes ago, Rudrakshs said:

@payxibka

 

Hi,

 

No children. 

Just so I am understanding it correctly, should I get married with my GC and once I am Naturalized then file for CR1? 

 

Thanks in advance.

 

Rudy

My suggestion is to wait to do everything until you are naturalized. It will make your life simpler and less stress. That's my opinion. 

[Rudraksh 0]

I understand that getting married after the Naturalization is recommended.

 

But with my current situation, if I get the citizenship even then I will have to wait for almost 3 months before I can file a I-130 as that 3 months will entail - Getting the passport, getting the visa(1-2 months processing), getting married. So, if I get married, for example - right now, then get the naturalized in Dec, would that be a problem? Since the marriage certificate date will be before the naturalization and not after I was naturalized.

[Just Paul 4,591]

It does not matter when you get married. You can get married now.

 

You do not need a passport to file the I-130.  Your naturalization certificate is all you need. If you are married you can file the I-130 they day after you have your certificate.

 

[Rudraksh 0]

Exactly, my point - No need for a passport while filing I-130. 

Getting married right now will just take that '3 months wait out of the line' and as I get my certificate I can file it right away. 

 

Thanks everyone for your input! 

[HRQX 4,145]

14 hours ago, Rudrakshs said:

if I do get married on Green Card

After getting married, you can file I-130 before completing naturalization. After getting naturalization certificate, you'll upgrade the case to CR-1 by notifying who (USCIS or NVC) has the case at that time.

14 hours ago, Dashinka said:

it might be a good idea to wait for your naturalization to complete before filing for the CR1.

I disagree. The case you quoted included children. OP doesn't have immigrating children.

Edited October 27, 2020 by HRQX

[Rudraksh 0]

8 hours ago, HRQX said:

After getting married, you can file I-130 before completing naturalization. After getting naturalization certificate, you'll upgrade the case to CR-1 by notifying who (USCIS or NVC) has the case at that time.

I disagree. The case you quoted included children. OP doesn't have immigrating children.

Wouldn't that just place the file from one stack to another at the bottom of the waiting list all over again?

Although, it still look like a better option than getting married with GC & filing when naturalized. That will place the case at the bottom of the waiting list.

 

Thanks, 

[HRQX 4,145]

5 hours ago, Rudrakshs said:

Wouldn't that just place the file from one stack to another at the bottom of the waiting list all over again?

No. It's just updating the petitioner's status.