IR1 visa but what if a break up ?

[Captain Oates 911]

Ok a slightly unusual question here... most posts concern conditional residents, but what if :

(let's say it's an academic question...)

An alien arrives on a IR1 visa and has been married 2 years and therefore does not need to remove conditions and gets a 10 year green card on arrival. His USC spouse is his sponsor.

Both need to tell USCIS of any change of address - he as an alien, she as a sponsor

If the marriage goes rocky - say within 3 months of arriving- and she files a change of address form showing a new sponsor's address, will the USCIS realise they are living apart are re-open the file with a few to deporting the alien because the immigration was so recent ?

Is there a time limit ?

[YuAndDan 153]

NO They consider the fact that they have been married more than 2 years as a bona fide relationship, that is why the un-conditional LPR status is given to the alien. The LPR would have to break a law in the USA before they would consider deportation.

[Captain Oates 911]

NO They consider the fact that they have been married more than 2 years as a bona fide relationship, that is why the un-conditional LPR status is given to the alien. The LPR would have to break a law in the USA before they would consider deportation.

yes the 'moral turpentine' stuff !

Weird really because a lot of folks marry someone abroad and they have been married 2 years but hardly met - I bet most of the more 'commercial' immigration frauds are done like this so they don't have to do removal of conditions where they would be found out...

It would seem an anomaly that someone could just land and split the same day quite legally because they have had the wedding certificate for 2 years...

[Nancy2015 2]

NO They consider the fact that they have been married more than 2 years as a bona fide relationship, that is why the un-conditional LPR status is given to the alien. The LPR would have to break a law in the USA before they would consider deportation.

yes the 'moral turpentine' stuff !

Weird really because a lot of folks marry someone abroad and they have been married 2 years but hardly met - I bet most of the more 'commercial' immigration frauds are done like this so they don't have to do removal of conditions where they would be found out...

It would seem an anomaly that someone could just land and split the same day quite legally because they have had the wedding certificate for 2 years...

But they would still have to prove bona fide relationship for an IR1 to be granted. If they hardly met, how would they do that??

[Captain Oates 911]

NO They consider the fact that they have been married more than 2 years as a bona fide relationship, that is why the un-conditional LPR status is given to the alien. The LPR would have to break a law in the USA before they would consider deportation.

yes the 'moral turpentine' stuff !

Weird really because a lot of folks marry someone abroad and they have been married 2 years but hardly met - I bet most of the more 'commercial' immigration frauds are done like this so they don't have to do removal of conditions where they would be found out...

It would seem an anomaly that someone could just land and split the same day quite legally because they have had the wedding certificate for 2 years...

But they would still have to prove bona fide relationship for an IR1 to be granted. If they hardly met, how would they do that??

When I was researching adjustment of status I read that the interview was really tough and they asked you about the colour of the walls in the bedroom and what programs each liked and all that stuff to prove you had a life together...

I am not sure how deeply they go into it for an IR1 visa - if someone goes back to the ethnic homeland of their family, and marry, and then the USC comes back to the US and goes over for visits a couple of times , then by the time the 'alien spouse' (love that phrase), actually arrives, they will get an unconditional green card - even though they have only 'met' their spouse say 3 times.

The marriage is genuine in that they married and have a certificate and they have 'kept in touch', but nothing like someone adjusting status whilst in the US who is required to actually be together and mingle their lives to a greater degree....

I know that in some countries, people get 'engaged' when they are 7 years old and married in a very pre-planned manner where there is no urgency and it's all carefully arranged years in advance - I suppose in those traditions people tend to stay together more anyway.

I am wandering a bit but basically I am saying that getting an unconditional green card seems easier than adjusting status while in the US as far as the 'closeness' of the relationship is concerned...

We didnt have much trouble on that score as we had lived in Wisconsin and now the UK on a full time basis, but many VJ folk seem to have a genuine marriage on paper, but they really haven't seen much of each other before or since the wedding ...

I suppose it fits the legal requirement but seems a bit easy to establish compared to AOS.... with AOS or removal of conditions, actually living together and doing it for real is required.... seems harder

[Dakine 26]

IRs are definitely the easy way to go by far.

Alls you have to do is submit the proper evidence to the NVC. Pass the medical and pass the embassy interview.

After that it's a sleigh ride.

No need Biometrics . Messing with civil surgeons. Doing AOS or removing conditions. Or screwing with SSA.

Definitely would be the way to go for scammers.

CR is a piece of cake compared to K visas also as alls you have to do is remove conditions down the line.

If USCIS continues to speed up the CR process I expect to see a LOT less K3s escpecially with the fee increases.

James's Shortcuts or something similiar made easy should add to more CRs also.

[Captain Oates 911]

IRs are definitely the easy way to go by far.

Alls you have to do is submit the proper evidence to the NVC. Pass the medical and pass the embassy interview.

After that it's a sleigh ride.

No need Biometrics . Messing with civil surgeons. Doing AOS or removing conditions. Or screwing with SSA.

Definitely would be the way to go for scammers.

CR is a piece of cake compared to K visas also as alls you have to do is remove conditions down the line.

If USCIS continues to speed up the CR process I expect to see a LOT less K3s escpecially with the fee increases.

James's Shortcuts or something similiar made easy should add to more CRs also.

Best was my USC wife getting a UK 'green card' - it took about 20 minutes in chicago at the UK consulate - no fingerprints, no medical, no police certificate - stamp stamp there you go !

When I donated blood in the UK they asked me if I had ever been to the USA or Africa - but US Citizens walk into the UK without a medical... I digress..

Yes the IR1 does seem long winded but not as hard as K1 /employment card/AOS/removal of conditions in total.

[rika60607 215]

Hi Saywhat.

People who got married and never lived in the same country for any long period of time, usually file their paperwork for GC right away. So, if they end up with unconditional GC, that usually means that the whole immigration process was unduly long. It is USCIS's own fault then, that they procrastinated to the point when unconditional GC had to be issued

But you are right, say you were happily married outside of US, came to US with your spouse after 2 years of marriage, decided to divorce... hehe, they can't kick you out now!

This whole process is screwed up anyway

Rika