Crazy Cat

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.

I think you might have problems if within 14 days of expiration.

Thanks for the link. It's my understanding that an I-824 would be required for an approved I-130. It appears that, prior to final approval, the OP could contact the Service Center.: "Prior to final adjudication of the petition, the petitioner may provide updates on the petition, including whether the beneficiary intends to adjust status or consular process, the preferred embassy or consulate for visa processing, and the beneficiary’s address. To provide updated information on a pending petition, petitioners should contact the office indicated on the Form I-130 receipt notice" Seems to me it would be better to do it sooner rather than later....since an I-824 takes quite a while....and is expensive.

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I'm sorry to tell you that USCIS won't send it to NVC. The approved I-130 will remain at USCIS until you submit an I-824 to move it to NVC. That could take about a year. EDIT: If the I-130 is approved.

Isn't she out of status in 3 weeks? She might be on their RADAR, imo. What option did you put on the I-130......Consular processing or adjustment of status?

Yep. The regular books look pretty thin.

My VPN doesn't affect this one....

One option is a B2 visa. That might be a problem. Immigrant intent is already established, and traveling to the US solely for the purpose of giving birth in the US is frowned upon by US immigration. In addition, she can't enter the US via a B2 with the intent to adjust status.

I think it depends on your location. In the Dallas area (and Texas) USPS (Post Office) and some county offices are passport application locations. Generally, you just go to their site and schedule an appointment. Make sure to check all the required documents and fees.

I would go ahead and schedule a Passport appointment for the day after your oath ceremony.

Never, ever trust AI to provide accurate immigration info. https://www.uscis.gov/sites/default/files/document/forms/g-1055.pdf I-131: $630 (Appendix B, page 42) I-765: $260 (Appendix C, page 50)

A few days will make no difference regarding processing time. I would wait as @Dashinka suggested. Good luck on your journey.

I would wait a day or 2 after the window opens.

Hopefully, the OP had a better night's sleep last night....

I think OP said she has an approval notice of some kind (status check).

To add to my previous comment, here is another reference from USCIS explaining that immediate relatives are exempt from this bar to adjustment of status.: https://www.uscis.gov/policy-manual/volume-7-part-b-chapter-2 F. Bars to Adjustment of Status An applicant may not be eligible to apply for adjustment of status if one or more bars to adjustment applies.[99] The bars to adjustment of status may apply to applicants who either entered the United States in a particular status or manner, or committed a particular act or violation of immigration law.[100] The table below refers to aliens ineligible to apply for adjustment of status, unless otherwise exempt.[101] Aliens Barred from Adjustment of Status Alien INA Section Entries and Periods of Stay to Consider Exempt from Bar Alien Crewman[102] 245(c)(1) Only most recent permission to land, or admission prior to filing for adjustment VAWA-based applicants In Unlawful Immigration Status on the Date the Adjustment Application is Filed OR Who Failed to Continuously Maintain Lawful Status Since Entry into United States[103] OR Who Continues in, or Accepts, Unauthorized Employment Prior to Filing for Adjustment 245(c)(2)[104] All entries and time periods spent in the United States (departure and return does not remove the ineligibility)[105] VAWA-based applicants Immediate relatives[106] Certain special immigrants[107] 245(k) eligible[108]

If she goes out of status, she will never be able to adjust status through through an LPR. USCIS policy says all her time inside the US must be in legal status (they consider all entries). I would suggest she leave very soon and go the consular processing route. Keep in mind that she cannot re-enter the US later as a visitor with the intent to stay and adjust status. Good luck.

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They don't always. Isn't it a great feeling that you are out from under the thumb of USCIS? Now, get that passport, and enjoy life, Citizen!!

That is exactly what I did in August of 2022. It worked for us.

Congratulations!!!! Thanks for the update. This emphasizes that fact anyone with a pending I-751 should absolutely prepare for a combo interview.....Thank you!!