CR-1 Spousal Visa

[faevan422 0]

I'm confused, google says a person with a pending application for a green card may remain in the states while until the application is decided upon. I'm going to be petitioning a CR-1 Visa and I'm wondering if condition residency is considered an application for a green card (meaning I would be able to remain in states) and if so, would I be allowed to work 

[SalishSea 16,770]

4 minutes ago, faevan422 said:

I'm confused, google says a person with a pending application for a green card may remain in the states while until the application is decided upon. I'm going to be petitioning a CR-1 Visa and I'm wondering if condition residency is considered an application for a green card (meaning I would be able to remain in states) and if so, would I be allowed to work 

Do you mean that your US citizen spouse is petitioning you, and that you're currently in your home country?

[pushbrk 12,106]

8 hours ago, faevan422 said:

I'm confused, google says a person with a pending application for a green card may remain in the states while until the application is decided upon. I'm going to be petitioning a CR-1 Visa and I'm wondering if condition residency is considered an application for a green card (meaning I would be able to remain in states) and if so, would I be allowed to work 

A visa is not a green card.  Your CR1 visa will be issued at a US Consulate in your home country.

 

You get a green card after you use the visa.  

[faevan422 0]

On 6/2/2021 at 7:54 PM, Jorgedig said:

Do you mean that your US citizen spouse is petitioning you, and that you're currently in your home country?

yes

[faevan422 0]

On 6/3/2021 at 4:19 AM, pushbrk said:

A visa is not a green card.  Your CR1 visa will be issued at a US Consulate in your home country.

 

You get a green card after you use the visa.  

yeah, I get the green card mailed to the address I would reside in that I put on the I-130, but is the visa not an application for a green card? My question is pretty much, lets say my spouse petitions an I-130 for me, after the USCIS verifies they received the documents and the process begins, am I allowed to remain in the states until the application is decided upon? I understand I don't receive the green card as soon as it is approved and I receive it shortly after I enter the states, but then it is already too late, I have my green card now and I can stay in the states so it it doesn't matter anymore. Google says and I quote "Any immigrant with a pending green card application (for U.S. permanent or conditional residence) is allowed to remain in the United States until the application is decided upon by U.S. Citizenship and Immigration Services (USCIS)." The visa I am applying for is the CR-1 which gives the beneficiary conditional residency therefore meaning it is an application for a green card and I can reside in America while the application is being processed and reviewed 

Edited June 4, 2021 by faevan422

[JKLSemicolon 327]

59 minutes ago, faevan422 said:

yeah, I get the green card mailed to the address I would reside in that I put on the I-130, but is the visa not an application for a green card? My question is pretty much, lets say my spouse petitions an I-130 for me, after the USCIS verifies they received the documents and the process begins, am I allowed to remain in the states until the application is decided upon? I understand I don't receive the green card as soon as it is approved and I receive it shortly after I enter the states, but then it is already too late, I have my green card now and I can stay in the states so it it doesn't matter anymore. Google says and I quote "Any immigrant with a pending green card application (for U.S. permanent or conditional residence) is allowed to remain in the United States until the application is decided upon by U.S. Citizenship and Immigration Services (USCIS)." The visa I am applying for is the CR-1 which gives the beneficiary conditional residency therefore meaning it is an application for a green card and I can reside in America while the application is being processed and reviewed 

 

I'm not sure where that quote comes from since you only mentioned Google, but when it says "allowed to remain in the United States until the application is decided upon", the implication is that the applicant was already in the U.S. and submitted Form I-485, Application to Register Permanent Residence or Adjust Status.

 

Since you are out of the U.S., you did not file Form I-485 and thus do not have a pending green card application as described above.

 

See this page for more information:

 

https://www.uscis.gov/green-card/while-your-green-card-application-is-pending-with-uscis

 

 

 

[arken 4,197]

1 hour ago, faevan422 said:

yeah, I get the green card mailed to the address I would reside in that I put on the I-130, but is the visa not an application for a green card? My question is pretty much, lets say my spouse petitions an I-130 for me, after the USCIS verifies they received the documents and the process begins, am I allowed to remain in the states until the application is decided upon? I understand I don't receive the green card as soon as it is approved and I receive it shortly after I enter the states, but then it is already too late, I have my green card now and I can stay in the states so it it doesn't matter anymore. Google says and I quote "Any immigrant with a pending green card application (for U.S. permanent or conditional residence) is allowed to remain in the United States until the application is decided upon by U.S. Citizenship and Immigration Services (USCIS)." The visa I am applying for is the CR-1 which gives the beneficiary conditional residency therefore meaning it is an application for a green card and I can reside in America while the application is being processed and reviewed 

I-130 is not an application for a green card. Once i130 is processed and approved, it goes to NVC and after successful NVC processing, it goes to the US embassy serving your residence. You'll appear for an immigrant visa. If it's approved and you enter US with that visa, your GC will be mailed to the address provided during NVC processing. The moment you enter US with the immigrant visa, you are considered a permanent resident or conditional permanent resident regardless of when the GC is delivered. In other words, you are no longer applying for permanent residency from that point, so don't worry about quotation you are using from google. That's not applicable to your visa case.

Edited June 4, 2021 by arken

[faevan422 0]

10 minutes ago, arken said:

I-130 is not an application for a green card. Once i130 is processed and approved, it goes to NVC and after successful NVC processing, it goes to the US embassy serving your residence. You'll appear for an immigrant visa. If it's approved and you enter US with that visa, your GC will be mailed to the address provided during NVC processing. The moment you enter US with the immigrant visa, you are considered a permanent resident or conditional permanent resident regardless of when the GC is delivered. In other words, you are no longer applying for permanent residency from that point, so don't worry about quotation you are using from google. That's not applicable to your visa case.

ok, well thanks for all ur replies I appreciate it, one last thing, the processing time varies from service centres for example in california it takes an estimated 21.5-28 months but in texas the service centre predicts 8.5 to 10.5 months and even in nebraska it estimates 2-7 months, Is there any way to make my case to be reviewed at one of the service centres that predicts the shortest wait time, does it depend on where my petitioner lives, what if my petitioner mails it to another service center, one that estimates a short processing time.

Source: 

 

[arken 4,197]

9 minutes ago, faevan422 said:

ok, well thanks for all ur replies I appreciate it, one last thing, the processing time varies from service centres for example in california it takes an estimated 21.5-28 months but in texas the service centre predicts 8.5 to 10.5 months and even in nebraska it estimates 2-7 months, Is there any way to make my case to be reviewed at one of the service centres that predicts the shortest wait time, does it depend on where my petitioner lives, what if my petitioner mails it to another service center, one that estimates a short processing time.

If your petitioner does so, the entire package will simply be sent back. Your petitioner either files it online or mails to the address listed on https://www.uscis.gov/i-130

 

Rather than watching those sort of videos, i suggest you go through i130 official page mentioned above very carefully, read its instructions and read guidelines in this VJ forum as well to familiarize with the process.

 

If you simply go thru uscis i130 link, you'll answer to yourselves.

 

 

 

 

[JKLSemicolon 327]

14 minutes ago, faevan422 said:

ok, well thanks for all ur replies I appreciate it, one last thing, the processing time varies from service centres for example in california it takes an estimated 21.5-28 months but in texas the service centre predicts 8.5 to 10.5 months and even in nebraska it estimates 2-7 months, Is there any way to make my case to be reviewed at one of the service centres that predicts the shortest wait time, does it depend on where my petitioner lives, what if my petitioner mails it to another service center, one that estimates a short processing time

 

If there were some trick to get your petition reviewed at the fastest center, everyone would be doing it.

 

The best thing that you (and especially the petitioner) can do is to follow all of the instructions carefully and include quality evidence.

[SalishSea 16,770]

You and your petitioner need to educate yourselves on this process.   It is not quick, and you need to have a much better understanding of it if you want to be successful.

[pushbrk 12,106]

5 hours ago, faevan422 said:

yeah, I get the green card mailed to the address I would reside in that I put on the I-130, but is the visa not an application for a green card? My question is pretty much, lets say my spouse petitions an I-130 for me, after the USCIS verifies they received the documents and the process begins, am I allowed to remain in the states until the application is decided upon? I understand I don't receive the green card as soon as it is approved and I receive it shortly after I enter the states, but then it is already too late, I have my green card now and I can stay in the states so it it doesn't matter anymore. Google says and I quote "Any immigrant with a pending green card application (for U.S. permanent or conditional residence) is allowed to remain in the United States until the application is decided upon by U.S. Citizenship and Immigration Services (USCIS)." The visa I am applying for is the CR-1 which gives the beneficiary conditional residency therefore meaning it is an application for a green card and I can reside in America while the application is being processed and reviewed 

What you are reading applies to people adjusting status from within the USA, not people seeking immigrant visas.  A visa is not a green card.  A petition for alien relative (I-130) is not an application for a visa OR a green card.  An immigrant visa is not an application for a green card.  Please take no for an answer.  If you are seeking an immigrant visa for a spouse of a US citizen, you have no privilege to stay in the USA longer than any visitor status by which you enter, allows.

[Riversong 420]

It would be great if that were the case for CR1/IR1 visas. I know so many people who would not be in their home countries (Including myself) while they wait for their interviews at the US Consulate. Unfortunately it does not apply to us. Many of us have been waiting so long that we have gone from CR1 to IR1 before even getting an interview letter. I wish you luck in your visa journey

Edited June 5, 2021 by Riversong