Need Help please

[eds3172 0]

I am filing my I-130 for my wife who is from Mexico. We were married on the international bridge so we have a Texas Marriage License. Should I file her I-130 with my last name or her maiden name. She does not have any identification with my last name on it so I am not sure what to do. Any help would be appreciated.

[YuAndDan 153]

Married name, the marriage cert should show this, and then in the meantime she can get passport amended to married name using a copy of marriage cert.

This way you will get green-card in married name, if you stick to CR-1 visa route. If you go K-3, you can use maiden name, and then later when adjusting status file AOS using married name.

CR-1 has the big advantage of work auth upon entry, K-3 does not, CR-1 can take a job, get SSN, and apply for a driver's license, K-3 cannot, K-3 needs EAD or green-card, EAD takes 90 days or more to get.

Compare CR-1 to K-3 timelines, you will find for most CR-1 takes about the same time as K-3 now a days.

[MsZ 6]

She is allowed to use her married name so there shouldn't be a problem with using it. When I filed our 130 the only thing I had w/my married name was the marriage certificate.

[eds3172 0]

I am filing my I-130 for my wife who is from Mexico. We were married on the international bridge so we have a Texas Marriage License. Should I file her I-130 with my last name or her maiden name. She does not have any identification with my last name on it so I am not sure what to do. Any help would be appreciated.

What is a CR-1 Visa

[YuAndDan 153]

I am filing my I-130 for my wife who is from Mexico. We were married on the international bridge so we have a Texas Marriage License. Should I file her I-130 with my last name or her maiden name. She does not have any identification with my last name on it so I am not sure what to do. Any help would be appreciated.

What is a CR-1 Visa

CR-1 is the visa you are applying for first by filing form I-130, only IF you file form I-129F later will a K-3 visa be started.

CR-1 is a true IMMIGRANT visa, it results in green-card upon entry, it is work authorized, and can get SSN and apply for driver's license shortly after entry to the USA. K-3 CANNOT.

To do CR-1 all you do is file form I-130, and don't file I-129F.

[eds3172 0]

I am filing my I-130 for my wife who is from Mexico. We were married on the international bridge so we have a Texas Marriage License. Should I file her I-130 with my last name or her maiden name. She does not have any identification with my last name on it so I am not sure what to do. Any help would be appreciated.

What is a CR-1 Visa

CR-1 is the visa you are applying for first by filing form I-130, only IF you file form I-129F later will a K-3 visa be started.

CR-1 is a true IMMIGRANT visa, it results in green-card upon entry, it is work authorized, and can get SSN and apply for driver's license shortly after entry to the USA. K-3 CANNOT.

To do CR-1 all you do is file form I-130, and don't file I-129F.

So your saying that a K3 and a CR1 are taking about the same amount of time? Also my wife has a 5 year old daughter. Do I need to file a seperate I130 for her too?

Edited June 2, 2008 by eds3172

[YuAndDan 153]

So your saying that a K3 and a CR1 are taking about the same amount of time? Also my wife has a 5 year old daughter. Do I need to file a seperate I130 for her too?

For the most part CR-1 takes only a little longer than K-3 due to added processing at NVC for the green-card.

K-3 was developed at a time when CR-1 was taking MUCH longer to get than K-1 visas, this is not the case anymore.

http://www.visajourney.com/timeline/k1list...co&dfile=No (CR-1)

http://www.visajourney.com/timeline/k1list...co&dfile=No (K-3)

Look at "Total Days from Initial Petition Sent to Interview" on both timeline pages.

[eds3172 0]

What about my 5 year old step daughter. Do I need an I130 for her too? I have been told no if applying for K3. Is that correct?

[YuAndDan 153]

What about my 5 year old step daughter. Do I need an I130 for her too? I have been told no if applying for K3. Is that correct?

Yes you do if you plan on CR-1 visa, however for K-3, K-4 visa, you can defer filing the I-130 for step child until you file I-485 for adjustment of status.

Again for K-4 you will need to file I-130 when adjusting status if you don't file it initially with mother's I-130.

Edited June 2, 2008 by YuAndDan

[eds3172 0]

But the child can go ahead and enter with her mother?

[YuAndDan 153]

But the child can go ahead and enter with her mother?

Both mother and child need a visa, to enter the USA, either CR-1/CR-2, or K-3/K-4

If you do CR-1 then two I-130s need to be filed one for mother and one for child.

If K-3, then child will get a K-4 as a derivative visa. You can file the I-130 either at the same time as mother or can file it when the child adjusts status.

[eds3172 0]

Thanks for your help.