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solomon_hun

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Posts posted by solomon_hun

    Final Stretch (Hopefully) Questions!

    in IR-1 / CR-1 Spouse Visa Case Filing and Progress Reports

    Posted

    Good morning folks,


    We are on the final stretch of the interminable CR1 process, and have some questions that I couldn't find the answer to.


    Background:

    The petitioner's home country is Taiwan. We have sent both the IV and AOS forms, which were confirmed as received October 1.


    We're optimistically hoping that the two forms will be reviewed a little ahead of the 60 day minimum, which would be December 1. But we want to spend the holidays together, so we're trying to sneak in a quick visit. It would be unfortunate if she were to come here and then have to immediately go back for the interview only to come back again.


    Given how each little step takes so many days, we were wondering:


    After the IV and AOS forms are approved, what is the typical timeline before the consulate interview will be scheduled? I've looked at the timelines for Taiwan for our visa type, and there are only 4 cases that show an interview date, so the sample size is small, and they're based on the NOA2 receipt time.


    Typically how long does it take to receive a notice that the interview has been scheduled, and how long after the notice is the interview typically scheduled?


    To my understanding, the NVC sends the packet to the appropriate consulate. Do they send it when they send the notice of approval, or is there several business days of delay prior to sending it? How long is the typical transit time for these packets to the consulate? To my understanding, it seems that the NVC schedules the appointment, and not the consulate, which seems kind of backwards.


    Also, do both parties need to be present at the interview? It seems that only the beneficiary needs to be there, but does it improve the chances for the petitioner to be there as well?


    Guidance would be most appreciated.


    Thank you, and have a nice day.






    Should we get Married in Taiwan or United States?

    in What Visa Do I Need - Family Based Immigration

    Posted

    Good afternoon,

    Thank you for the responses.

    @Ryan

    We were unaware of the general obsolescence of the K3. It seems getting married out of the country, then entering is more feasible, assuming we can get the CR-1. This line in the CR-1 FAQ confused us:

    "The couple may have previously been married either outside or within the US (the location does not matter as long as the marriage was officially recognized in the location in which it occurred)."

    Wouldn't we need a fiance visa to get married "within the US" legally? So can we apply for the CR-1 after the K-1?

    @florida4life

    Thank you. We have already been to that page and have read it many times over. We were confused as to the precise timing, since we were hoping to start the rather lengthy filing process as early as possible. We also fail to see the advantages of the K-3 over the CR-1, unless one is a prerequisite for the other.

    @Harpa

    We're trying to figure out where, Taiwan or the United states, would be the best place to get married. We hope to live in the States, but given the bulk of our family is in Taiwan, we would like to have the ceremony in Taiwan if possible.

    ---

    One course of action is to apply for the fiance visa, then get a court marriage in the States, and then have a ceremony in Taiwan, and then hold a reception back in the States. Exhausting! We're admittedly a bit unclear as to the exact regulations regarding such a plan, or if it would even be permissible.

    Thanks again!

    Should we get Married in Taiwan or United States?

    in What Visa Do I Need - Family Based Immigration

    Posted

    Good evening,

    Hopefully this is the right forum.

    My girlfriend/future fiance hopefully and I have been discussing marriage. Our situation is delineated below:

    My status:

    I am a US citizen who resides and works in the United States.

    Her status:

    She is a citizen of the Republic of China, Taiwan, and resides and works in Taiwan. We met while she was in the States on a F1 visa which has since expired. We have been together a bit over a year now. Producing proof of relationship is certainly not a problem.

    Our ideal plan is as such:

    We hope to get married in Taiwan, then move to the US at some point. Being able to legally work/reside in the same country together is top priority, be it Taiwan or the States (e.g. we're trying to avoid having only one party being forced to leave the country once married). Minimizing form process time as well as time before she can work in the States are also priorities. The intent is to eventually grant her U.S./permanent resident status in the states without relinquishing her Taiwan citizenship.

    Question(s) we have:

    1. Which visa do we file for, fiance or spouse?

    Given how long these things usually take, we hope to begin the filing process BEFORE the marriage ceremony, so that would imply fiance visa. However, she will be my spouse by the time we move to the states, so do we apply for the K3 spouse visa first while engaged in anticipation of the wedding, or begin filing the forms after we're married?

    Advice would be much appreciated.

    Thank you for your time!

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