Crazy Cat

That, right there, should take the K-1 off your list as an option, imo.

Another vote for an employment visa (unless you and a US SO are thinking about marriage). Good luck.

Another alternative: 1. Marry now. 2. Apply for spousal visa. 3. Hold case at NVC until such time spouse would enter the US after 2 years of marriage upon visa approval (immediately grants a 10 year Green Card). 4. Live in the US, but make short trips outside the US until such time Green Card holder can apply for US citizenship (3 years after US entry). 5. Spouse applies for and receives US citizenship (normally takes just a few months). 6. Live wherever and whenever you want as a family of US citizens. Note: None of the above steps would prohibit spouse from applying for a B2 visa before having a Green Card.

I think he means waiting 12 months for the I-751. My wife's I-751 too 44 months....no RFEs.

I'd get that thing withdrawn asap. Imagine the mess it would have created if they had approved the 2nd one without an interview....

Every couple has their own priorities, and each couple must decide which visa is better for their situation. K-1/Adjustment of Status 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. 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.

***Similar topics merged. Please keep related questions in this thread***

Another vote to hire an attorney for this. You need to be fully prepared.

Simple question which you have yet to answer: By what visa did your husband and son enter the US? Did your husband enter on a tourist visa or a spousal visa?

***Moved to Adjustment of Status from K-1 forum*** If he is currently unemployed, then his current annual income is $0.

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I think you meant IR-1. CR-1 visa holders do have to remove conditions if becoming legal residents prior to 2 years of marriage.

CR-1 is obtained by those who gained a Green card via a spousal Visa (married less than 2 years when becoming a legal resident). CR-6 is obtained by adjusting status (less than 2 years of marriage when becoming a legal resident). There is no difference as far as removing conditions.

Good luck. You won't have I-94 info since you are a legal resident. Wife and I had to resort to calendars, itineraries, etc.

***Moved to Adjustment of Status forum***

Those things, along with the advice @Sukie gave would probably be sufficient, imo.

Welcome to Visa Journey. Your case is no longer DIY, imo. I would find a good immigration attorney who is experienced in hardship waivers.

Unless she marries someone already receiving Medicare based on work credits, she has to have 5 years as a Green Card holder for Medicare.

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This might also be helpful:

***Moved to Adjustment of Status from Work, Student, and Tourist Visas***

Agree. But, I have not seen a single case denied or delayed due to improper filing status.

If married, you should have filed either as Married Filing Separately or as Head of Household (if qualified). However, this is an IRS matter. It should not be a big deal for immigration. I wouldn't worry about it. From what status did your wife file the I-485? K1 or Work, Student, Tourist Visa? It is very strange that an adjustment of status interview would focus on a tax return. Did you have other evidence?

OK. Thanks. You then filed an I-130 and a new I-485, correct? If so, applicant will be granted authorized stay (you need an NOA1) until the new I-485 is adjudicated.

But you are not adjusting status from a Work, Student, or Tourist visa. Your spouse entered via a K-1. Your case has nothing to do with an IR-1/CR-1 visa.