Question about needing a Birth certicate for my wife for this process.

[pushbrk 12,822]

I am asking this question for clarification. When you applied for your K-1, your tourist visa was cancelled. Does anyone know if my wife's B1/B2 visa will be cancelled when we file for the CR-1?

Thank You

This is where using the correct terminology is critical. Filiing a petition is not applying for a visa. Filing a petition does not cancel any valid visa. Once the petition is approved, and you apply for a K1, or CR1 visa, those visas are for immigration, so they replace any previous valid visa in the passport. Fiance and Spouse visas are actually "applied for" during visa interviews. It is customary for the Consular IV unit to KEEP the passport while they process the "application" and "issue" of the new visa. Usually, this results in the person having no valid visa (or passport in their possession) for a matter of days, until the new visa is affixed and the passport is returned.

All that is separate from any attempt to ENTER THE USA, during the petition and application process. Each entry is a decision of its own. If the CBP officer thinks the person has immigrant intent, they can deny entry and/or revoke any currently valid visa or entry privileges.

[JParce 8]

They will not cancel her visa if you apply for a CR-1 visa they will cancel her visa once she gets her CR-1 visa approved, because the CR-1 is valid for only one entry and then you will need to change her status so she won't need her tourist visa anymore.

[NikLR 13,227]

They will not cancel her visa if you apply for a CR-1 visa they will cancel her visa once she gets her CR-1 visa approved, because the CR-1 is valid for only one entry and then you will need to change her status so she won't need her tourist visa anymore.

This is incorrect. The CR1, once endorsed at the POE, becomes a temporary green card valid for 1 year. There is no need to change or adjust status as the spouse is immediately granted a green card and is a legal permanent resident.

[pushbrk 12,822]

They will not cancel her visa if you apply for a CR-1 visa they will cancel her visa once she gets her CR-1 visa approved, because the CR-1 is valid for only one entry and then you will need to change her status so she won't need her tourist visa anymore.

Not quite. A CR1 visa holder is granted CR1 (Conditional Permanent Resident spouse of US Citizen) upon entry. They don't "adjust status" and never need any visa anymore unless they give up or lose thier status.

K visa holders adjust status after marrying the US Citizen in the USA.

[JParce 8]

I am sorry I tough it was similar to the I-129F, sorry for the inccorect info!

[NikLR 13,227]

I am sorry I tough it was similar to the I-129F, sorry for the inccorect info!

Its okay, now you know. The ability to travel and work right away, along with saving almost $1000 because you do not have to adjust status, is why many people choose the CR1 visa route over the fiancé visa path.

[pushbrk 12,822]

I am sorry I tough it was similar to the I-129F, sorry for the inccorect info!

The I-129F is a petition, not a visa. It is used to petition for a fiancee, not to apply for any visa. Filing a petition is not applying for a visa.

[mfranc68 31]

I am a bit confused. If he is married for MORE then three years wouldn't he be applying for an IR-1? That is for people married for more then two years. I believe the IR-1s are higher priority on the petition scale and are processed faster. Also IR-1s are given a 10 year green card not the 2 year conditional green card.That saves having to ROC after two years and pay all those fees, not to mention all the waiting and biometric appointment. FYI for other VJers, if you file a CR-1 but at time of POE you are married MORE then two years (we all know how long this process takes) you can have your CR-1 converted to an IR-1 right on the spot at POE and receive the 10 year card. That's what happened to us.

[NikLR 13,227]

I am a bit confused. If he is married for MORE then three years wouldn't he be applying for an IR-1? That is for people married for more then two years. I believe the IR-1s are higher priority on the petition scale and are processed faster. Also IR-1s are given a 10 year green card not the 2 year conditional green card.That saves having to ROC after two years and pay all those fees, not to mention all the waiting and biometric appointment. FYI for other VJers, if you file a CR-1 but at time of POE you are married MORE then two years (we all know how long this process takes) you can have your CR-1 converted to an IR-1 right on the spot at POE and receive the 10 year card. That's what happened to us.

The IR1s are not placed any higher than the CR1s. They are both immediate relatives (spouses) of USC. You are not given preferential treatment because you're married longer; you simply do not have to remove conditions.

[mfranc68 31]

The IR1s are not placed any higher than the CR1s. They are both immediate relatives (spouses) of USC. You are not given preferential treatment because you're married longer; you simply do not have to remove conditions.

And you get the 10 year green card.............

[Tradewind 6]

Wow, I am learning here. 3 years on July 23, 2013 and we have not filed yet. Interesting What does "you simply don't have to remove conditions" mean?

[NikLR 13,227]

Best discussed in it's own topic or looking it up in the guides or wikis vs derailing the topic.

[Tradewind 6]

Yes thanks I found it and printed it out. Difference between IR1 AND CR1 and "Remove conditons"

Edited July 10, 2013 by Tradewind

[pushbrk 12,822]

Because you will have been married for two years prior to the immigrant entry to the USA, there are no conditions placed on the residency, so no conditions means no conditions to remove.

[Ms Hogan 295]

Why does my wife need a birth certicate for CR-1 when she already went through the B1-B2 process and was accepted. Doesn't some of the things we provided for that visa count for the new process we are starting and don't have to be repeated. I don't understand why this has to be repeated, We have been married for 3 years and we proved her age and that was accepted in that B2 process.

Doesn't having a current visa count for anything in the new process? It means extra costs and trouble to obtain a new one from Colombia as she is not living there.

The question that lingers here for me after reading all of the responses, is why doesn't your spouse have her birth certificate if she needed it for her first application? Was it not returned to her?