CR-1 or K-1? Need advice given situation.

[r060106 109]

Well with a K-1 you need to do it twice though. You get the visa, marry, file AOS, wait 2 years and file ROC. For CR1 you get the greencard and visa together, wait two years and file for ROC. And yes, as you said if you are married for longer then two years they would put you as an IR1 which means you get the visa and 10 year green card and not have to file anything unless you want citizenship(which can be added as another step to the other processes as well).

Alright, that's what I thought. Just double checking. Yes, she'll want citizenship. Would you agree with the other members about the evidence we'll need of a bona fide marriage? Do you have any other advice on that issue by chance? Just trying to get all the input I can. Not trying to beat a dead horse or anything, as I realize others have responded to that question. Thanks.

[amykathleen2005 441]

For a marriage visa joint accounts, trips to see each other, any types of beneficiary of one another would help. For the K-1 pictures, trips together, letters to each other, phone records would be appropriate.

For AOS and ROC you would need joint accounts, joint bills, birth certificates of children, joint taxes, trips together, pictures together, beneficiaries on life insurance or retirement, joint credit cards, leases/deeds and affidavits.

Edited September 17, 2012 by amykathleen2005

[r060106 109]

Thank you very much. I really appreciate it.

[r060106 109]

One more thing: I'm assuming she wouldn't be allowed to enter the United States on a Visitors Visa if she's in the CR-1/IR-1 process, correct? Or not? Thanks.

[Shenzhen 34]

Go the CR-1 route it's better and less costly and she can work immediately after she gets her SSN number and green card less than a month she can legally work. It's a no brainer for you guys.

[r060106 109]

Go the CR-1 route it's better and less costly and she can work immediately after she gets her SSN number and green card less than a month she can legally work. It's a no brainer for you guys.

Yeah, that's what I'm leaning towards doing right.The only problem I foresaw was the proof of a bona fide marriage, but others have addressed how to deal with that and it doesn't sound as hard as I initially thought. Thanks a lot for the input.

[Sandra G. 5,043]

Once she won't live in the USA before 2014/2015 then wait a few months before she comes to USA and apply for IR1 visa, if she is married at least for two years then she will get the 10 years green card. IR1 Visa is granted if you and your spouse have been married for 2 years or more.

Edited September 17, 2012 by sandranj

[calibob 73]

Good plan, just time the filing process for her to get her passport visa about the time she is ready to join up as the visa itself is only good for 6 months post issuance. IE if the process takes 1 year, then start 13 months early to insure that the visa will be good. If she's the one then go ahead and get married. Then start the visa immigration process when the timing is right. I hope I'm relaying this correctly, someone check me if you could.

Thanks!!

Bob

[amykathleen2005 441]

See can visit during processing, but she must answer honestly to the immigration officers regarding everything, especially that she is going to visit her husband, if asked. They may not allow her to enter, but they also let many people enter to visit, so it is up to you to prove she is not planning on immigrating until she has the CR1

[TheresaAnn 9]

Once she won't live in the USA before 2014/2015 then wait a few months before she comes to USA and apply for IR1 visa, if she is married at least for two years then she will get the 10 years green card. IR1 Visa is granted if you and your spouse have been married for 2 years or more.

I wish I knew this, my husband and I would have waited the 2 years before applying for visa.

[Xanax 349]

From what you have said, I would recommend a CR-1/ IR-1!

Edited September 18, 2012 by Xanax

[amykathleen2005 441]

I wish I knew this, my husband and I would have waited the 2 years before applying for visa.

Well I believe it is from the date you get the visa. So if yours takes awhile you might end up with a 10 year card depending on how long you've been married now.

[r060106 109]

Well I believe it is from the date you get the visa. So if yours takes awhile you might end up with a 10 year card depending on how long you've been married now.

Do we need to wait until we've been married 2 years to even apply for IR-1, or can we begin the process before the 2 years is up? Thank you very everyone for the replies.

Edited September 18, 2012 by Rysiu227

[amykathleen2005 441]

Not absolutely positive so hopefully someone will correct me if I am wrong. But I am pretty sure that the day you are issued the visa. Meaning after the interview and you are totally approved .That is when they determine if you have been married two years or not to give you a 2 year or a 10 year. CR1 and IR1 are the same paperwork, it is just the length you have been married. They will determine which category you fit into when they give the visa.

[r060106 109]

Not absolutely positive so hopefully someone will correct me if I am wrong. But I am pretty sure that the day you are issued the visa. Meaning after the interview and you are totally approved .That is when they determine if you have been married two years or not to give you a 2 year or a 10 year. CR1 and IR1 are the same paperwork, it is just the length you have been married. They will determine which category you fit into when they give the visa.

Oh ok. That makes total sense. I thought the paperwork was different. So I'm thinking if it takes the year to obtain the visa like I've read on the forum that we'll apply for it a year after marriage. It seems like it would be harder for them to deny a CR-1/IR-1 rather than a K-1, seeing that we would actually be married. Or would that be an incorrect observation? Thanks a lot. You've helped a ton.