Crazy Cat

Consulate.

Every couple has their own priorities, and each couple must decide which visa is better for their situation. K-1 More expensive than CR-1 Requires Adjustment of Status after marriage (expensive and requires a lot of paperwork) Spouse can not leave the US until she/he receives approved Advance Parole (approx 3-6 months) Spouse can not work until she/he receives EAD (approx 3-6 months) Some people have had problems with driver licenses, Social Security cards, leases, bank account during this period Spouse will not receive Green Card for many months after Adjustment of Status is filed. A K-1 might be a better choice when 18-21 year old children are immigrating also In some situations, marriage can affect certain Home country benefits, making a K-1 a better choice A denied K-1 is sent back to USCIS to expire K-1 entrant cannot file for citizenship until after having Green Card for 3 years. Once an I-129F has been approved, delaying the case is difficult to impossible if the need arises. Current Presidential executive order (travel bans) don't allow K-1 visa holders from some countries to enter the US. CR-1/IR-1 Less expensive than K-1 No Adjustment of Status(I-485, I-131, I-765) required. Spouse can immediately travel outside the US Spouse is authorized to work immediately upon arrival. Spouse receives Social Security Card and Green Card within 2 or 3 weeks after entering the US Opening a bank account, getting a driver's license, etc. are very easily accomplished with GC, SS card, and passport. Spouse has legal permanent Resident status IMMEDIATELY upon entry to US. The clock for citizenship filing starts immediately upon entry to the US. A CR-1/IR-1 case can be delayed indefinitely at NVC if the need arises. Current Presidential executive order (travel bans) exempt immediate relatives of US citizens. The only way to speed things up is to avoid delays becoming an "A student" of the process and forms. There are other factors you might want to consider, too.

No, he would have 2 concurrent I-130s.....2 different visa categories. 2 different priority dates.

No matter what the CBP officer puts on the visa endorsement, USCIS should look at date of marriage and date of entry into the US. If USCIS makes a mistake and issues 2 year card, you submit an I-90 with "USCIS Error" as the reason. There is no charge for that. Make sure that CBP endorses the visa. That is important.

Why is this? I thought a K-2 needs to be under 21 when entering the US......

I am seeing (on main screen, [[Block new_topics_2019 is throwing an error]] on Windows laptop using Chrome

Yes. Good points....

They could adjust status and get Green Cards now. They could not leave or work for several months.

Where are they right now?

"Endorsement" means stamped by CBP at the border.

USCIS has no way of knowing you have entered the US unless CBP endorses and processes your visa. A green card will not be processed until a new immigrant has entered the US. https://www.uscis.gov/i-9-central/temporary-i-551-stamps-and-mrivs " Temporary I-551 Stamps and MRIVs A machine-readable immigrant visa (MRIV) usually has the following text on it: “UPON ENDORSEMENT SERVES AS TEMPORARY I-551 EVIDENCING PERMANENT RESIDENCE FOR 1 YEAR.” When a new immigrant first enters the U.S., U.S. Customs and Border Protection (CBP) will stamp the passport with an admission stamp that indicates the immigrant has permanent resident status and has the date the new immigrant entered the U.S. The employee’s foreign passport with the MRIV is evidence the employee has permanent residence status for 1 year from the date of admission. Even if the MRIV is issued without the statement “FOR 1 YEAR,” employers should treat the MRIV as an acceptable List A document valid for 1 year from the date of admission.

That is 100% inaccurate. Don't trust AI to be right.

Exactly when were you planning to move to the US? Why are you still living in Canada?

An immigrant visa must be endorsed by CBP at the border for you to become an LPR.

It was never endorsed......and it expired. I would contact the consulate and explain. I don't think CBP would backdate an endorsement.

and that could be problematic since consulates don't normally re-issue a visa unless the visa holder could not travel due to factors beyond their control. This is a mess (as we say back home).

Then you have a big problem. There is no green card coming because you never "activated" it by entering via the visa....and now your visa has expired. Did you know that the visa had to be endorsed before the expiration date? Step 1: Contact the consulate and explain that your visa was never seen by CBP.

***As it has been 5 years since the last comment in this thread, it is now closed for further comments. Please ask any questions as a new topic thread****

Yes, they do. Qualified income does NOT have to be taxable. It has to be documentable.

As long as you are I said that there is no timeline as the case can remain at NVC indefinitely as long as you are working on the case. You might consider seeking professional help from someone familiar with the forms. It should not normally take years. Good luck on the rest of the journey.

Once you have complete everything to NVC's satisfaction, NVC will schedule your interview.......Then, the case will be transferred to the appropriate consult. Your case can remain at NVC indefinitely as long as you are contacting them.

Something is amiss here in my thinking. Did you enter the US via the CR-1/IR-1 visa before it expired? CBP should have endorsed the visa, making you a legal US resident. If so, you could be living in the US as a legal resident.

That is true only after you enter the US with a valid spousal visa and after you have paid the immigrant fee. Why are you in Canada? Are living in Canada or the US?

K-1 fiancee Visa You submit an I-129F She remains outside the US until K-1 visa is issued (She could visit if she has a tourist visa) during the process. When the K-1 visa is issued, She enters the US, marries, and stays Average Total time (according to other VJ members) from application until visa in hand is 294 Days CR-1 Spousal Visa You and she will marry (Utah online marriage or outside the US) You and she meet either during or after the marriage ceremony You submit an I-130 She remains outside the US (except for visits if she has a tourist visa) during the process When CR-1 visa is issued, she enters the US as a Green Card Holder Average Total time (according to other VJ members) from application (I-130) to visa in hand is 642 Days See the advantages and disadvantages I posted earlier.

@@@Similar topics merged. Please discussion under this thread**** Every couple has their own priorities, and each couple must decide which visa is better for their situation. K-1 More expensive than CR-1 Requires Adjustment of Status after marriage (expensive and requires a lot of paperwork) Spouse can not leave the US until she/he receives approved Advance Parole (approx 3-6 months) Spouse can not work until she/he receives EAD (approx 3-6 months) Some people have had problems with driver licenses, Social Security cards, leases, bank account during this period Spouse will not receive Green Card for many months after Adjustment of Status is filed. A K-1 might be a better choice when 18-21 year old children are immigrating also In some situations, marriage can affect certain Home country benefits, making a K-1 a better choice A denied K-1 is sent back to USCIS to expire K-1 entrant cannot file for citizenship until after having Green Card for 3 years. Once an I-129F has been approved, delaying the case is difficult to impossible if the need arises. Current Presidential executive order (travel bans) don't allow K-1 visa holders from some countries to enter the US. CR-1/IR-1 Less expensive than K-1 No Adjustment of Status(I-485, I-131, I-765) required. Spouse can immediately travel outside the US Spouse is authorized to work immediately upon arrival. Spouse receives Social Security Card and Green Card within 2 or 3 weeks after entering the US Opening a bank account, getting a driver's license, etc. are very easily accomplished with GC, SS card, and passport. Spouse has legal permanent Resident status IMMEDIATELY upon entry to US. The clock for citizenship filing starts immediately upon entry to the US. A CR-1/IR-1 case can be delayed indefinitely at NVC if the need arises. Current Presidential executive order (travel bans) exempt immediate relatives of US citizens.