Going back to my country to apply for CR-1

[Cuantico 0]

Hello!

I'm new on this forum, so I welcome any suggestions about rules and anything else.

Some background:

- I came to the United states to be spend some time with my girlfriend and get married on a B1/B2 visa.

- I've arrived the US July 23rd and we got married in August 4th.

- I'm from the Dominican Republic, she is from Venezuela bot naturalized in US (by the way, she lost her certificate of naturalization)

- We know each other from Internet since 2009. We met for the first time this February in the States, she went over the DR last July for 1 week an a half and I came here July 23rd.

I'm suppose to go back to my country this September 2nd, my wife is kind of pushing me to stay and apply here for adjustment of status, But I don't want to do so that way. What I want is to go to my country and wait there for the CR-1 and then come back to the states by the right way.

Saying that, my questions are:

1. How long can take the CR-1 to be in my hands?

2. What do you suggest?

3. Its OK to marry in a B1/B2 visa? some people are saying that we did an error.

I will appreciate any suggestions that can point me in the right way.

Thank you in advance.

Edit #1: The fact that she lost her naturalization certificate is new to us, we discover that just yesterday. But even if she found that I will prefer to go to my country.

Edited August 23, 2012 by Cuantico

[jkelly07 120]

you can get married on a b/2 tourist but you must return to your country, you can't adjust status,get married you go home she files the lost naturalization form N-565 application for replacement of naturalization the fee is 345.00you can down load that and the instractions.before you file the 1-130 for the cr-1 visa you will need to send a copy of that form or a copy of your us passport to show your a us citizen on the 1-130 form the fee is 420.00.if all goes well no rfe's estimate time is about 9 months, its 5 months for approval.then nvc two or three months, when case complete, your file is sent to the dominican repubic consulate for the interview.

[Cuantico 0]

you can get married on a b/2 tourist but you must return to your country, you can't adjust status,get married you go home she files the lost naturalization form N-565 application for replacement of naturalization the fee is 345.00you can down load that and the instractions.before you file the 1-130 for the cr-1 visa you will need to send a copy of that form or a copy of your us passport to show your a us citizen on the 1-130 form the fee is 420.00.if all goes well no rfe's estimate time is about 9 months, its 5 months for approval.then nvc two or three months, when case complete, your file is sent to the dominican repubic consulate for the interview.

Thank you so much JKelly

Based on you response I have two more questions.

1. Those 9 months implies the time that the N-565 will take? or what you said is that in replacement of the Certificate, we can use the passport?

2. What goes after the interview? what are the steps after that? time?

[zmpart 5]

i dont know how long the n565 takes but the 9 months is estimate time for CR1 to be processed to completion. good luck.

[pushbrk 12,569]

Thank you so much JKelly

Based on you response I have two more questions.

1. Those 9 months implies the time that the N-565 will take? or what you said is that in replacement of the Certificate, we can use the passport?

2. What goes after the interview? what are the steps after that? time?

Unfortunately, JKelly's response is incorrect as to what you can do AND as to any need to file an N-565. As long as your wife has a US passport, she does not need to replace her Naturalization Certificate. She can use a photocopy of every page of her passport as evidence of citizenship. If she doesn't know her Naturalization Certificate number, she can simply enter "unknown".

As to the time for a CR1 visa from filing to visa issue, think 9 to 10 months.

Based on the circumstances you described you are absolutely able to adjust status from within the USA if you wish to do so and that would be true even if you DID have that intention upon entering the USA. That will take three or four months from filing, during which time you need to remain in the USA. If you file, then leave without at least Advance Parole, you will not get back in.

Whether to pursue an immigrant visa or adjust status is entirely up to you. Both are valid options.

[Cuantico 0]

Thank you pushbrk.

[Cuantico 0]

Can I visit my country before applying in the states?

I mean, I want to spend like 3 weeks in the DR and the come back to the states and immediately apply ?

[Ivy. 113]

No. That would be visa fraud.

You are not allowed to enter the US on a tourist visa with the intention to stay. On this trip, that did not happen. If you leave the US and then come back to AOS, you will have entered with intention to stay. You might get away with it, but it would be illegal.