CR1 versus Green Card by Marriage -- Difference?

[MaryAshley 0]

A link to my previous (and first!) post.

I have made arrangements to consult with an immigration attorney next week, to the tune of $50. Our correspondence has been positive thus far; his experience seems fairly diverse and extensive.

A few questions before I go:

What's the correlation between the applying for a CR1 and a green card via marriage? I see several of the initial forms are the same.

Also, I've seen lots of posts regarding proper questions to ask agents / attorneys, etc. etc. Any additional advice would be well received. Anything specific I should take with me? Anything else to beware of?

Thanks.

[desertblue88 0]

CR1 would be marrying without getting a Fiancee Visa abroad, and then concurrently or shortly after the fact, filing for Adjustment of Status.

But the situation does depend on if your financee is currently in the United States or still abroad.

We never used an attorney for our case, the decision is up to the filer, but with some time aside to review everything, it isn't too complicated.

[Old Dominion 26]

You probably don't need to pay the $2,000-plus that the attorney will charge for his services. You seem intelligent and articulate. There are no short-cuts that a lawyer or politician can use.

The process just takes some careful reading of the instructions on your part. Also, patience! If he is coming to the US to marry you, and fails to return to UK to begin the visa process, then he may never get a green card. The fastest way is to apply for a K-1 (fiance) visa and he will be in the US in 6-8 months, ready to marry and file for his work permit and green card. He'll have the work permit (EAD) within 90 days of filing.

Yes, there is duplication in some of the paperwork, but that's government for you.

[Cuchita 1]

Right I agree with Articblue, read the horror stories people post here about the so called "immigration lawyers", especially the cheap ones!, your case is not hard. Just read a lot and you will be able to do everything yourself.

Do this if your fiance is in the UK, I don't recommend that he comes to the USA and stay here to marry, that delays his reception of a Employment authorization and permanent green card. I have a co-worker, whose wife had two interviews already and everytime she goes they give her an extension but not a permanent residence.

Good luck!

Edited January 21, 2009 by Cuchita

[daboyz 36]

CR1 would be marrying without getting a Fiancee Visa abroad, and then concurrently or shortly after the fact, filing for Adjustment of Status.

But the situation does depend on if your financee is currently in the United States or still abroad.

We never used an attorney for our case, the decision is up to the filer, but with some time aside to review everything, it isn't too complicated.

CR-1 does not file for Adjustment of Status. CR-1 files for Lifting of Conditions.

[MaryAshley 0]

I made sure and discussed with the attorney over the phone that I just need a consultation as to which path we need to pursue. As I know everyone here understands, I'm thoroughly overwhelmed by what I have read so far; acronyms and conflicts of information depending on what we're following and, etc etc. Though I feel as though we can file the paperwork together, I'm still unsure which process to pursue. We plan on marrying in August, but it seems as though the CR-1 would make mandatory 90 or more days of his return to the U.K. after our brief wedding. Clearly that's something we have wanted to avoid, but filing for the fiancee visa is pegged in so many places as being totally redundant and useless, ESPECIALLY considering that Richard will already be here under a J-1 temporary work visa.

I can't thank you strangers enough for the replies we've had so far; it just feels good to know there are survivors to all this.

[pushbrk 13,067]

A link to my previous (and first!) post.

I have made arrangements to consult with an immigration attorney next week, to the tune of $50. Our correspondence has been positive thus far; his experience seems fairly diverse and extensive.

A few questions before I go:

What's the correlation between the applying for a CR1 and a green card via marriage? I see several of the initial forms are the same.

Also, I've seen lots of posts regarding proper questions to ask agents / attorneys, etc. etc. Any additional advice would be well received. Anything specific I should take with me? Anything else to beware of?

Thanks.

CR1 is a visa that when used to enter the US, result in immediate conditional permanent resident status. A green card is the document that indicates that status.

Under certain circumstances, an intending immigrant who is already in the USA, can adjust their status to that of permanent resident without obtaining the CR1 visa.

Again, the green card is the documentation of the status. There's more than one way to obtain the status.

Based on what the OP has indicated as their intention to marry after during the the foreign fiance's next visit to the US, their INTENTION dictates they take the visa route, not the status adjustment route. This kind of visa fraud risks a lifetime ban from US entry. They need also to inspect the potential beneficiary's J1 visa to see if it indicates any required stay in the home country. Some do and some don't.

Edited January 21, 2009 by pushbrk

[MaryAshley 0]

A link to my previous (and first!) post.

I have made arrangements to consult with an immigration attorney next week, to the tune of $50. Our correspondence has been positive thus far; his experience seems fairly diverse and extensive.

A few questions before I go:

What's the correlation between the applying for a CR1 and a green card via marriage? I see several of the initial forms are the same.

Also, I've seen lots of posts regarding proper questions to ask agents / attorneys, etc. etc. Any additional advice would be well received. Anything specific I should take with me? Anything else to beware of?

Thanks.

CR1 is a visa that when used to enter the US, result in immediate conditional permanent resident status. A green card is the document that indicates that status.

Under certain circumstances, an intending immigrant who is already in the USA, can adjust their status to that of permanent resident without obtaining the CR1 visa.

Again, the green card is the documentation of the status. There's more than one way to obtain the status.

Based on what the OP has indicated as their intention to marry after during the the foreign fiance's next visit to the US, their INTENTION dictates they take the visa route, not the status adjustment route. This kind of visa fraud risks a lifetime ban from US entry. They need also to inspect the potential beneficiary's J1 visa to see if it indicates any required stay in the home country. Some do and some don't.

His J1 does not imply any home country stay. So because we have made the intention to marry, we will have to file for K3 instead? Which will result in him having to leave for a period following the marriage, correct?

[pushbrk 13,067]

A link to my previous (and first!) post.

I have made arrangements to consult with an immigration attorney next week, to the tune of $50. Our correspondence has been positive thus far; his experience seems fairly diverse and extensive.

A few questions before I go:

What's the correlation between the applying for a CR1 and a green card via marriage? I see several of the initial forms are the same.

Also, I've seen lots of posts regarding proper questions to ask agents / attorneys, etc. etc. Any additional advice would be well received. Anything specific I should take with me? Anything else to beware of?

Thanks.

CR1 is a visa that when used to enter the US, result in immediate conditional permanent resident status. A green card is the document that indicates that status.

Under certain circumstances, an intending immigrant who is already in the USA, can adjust their status to that of permanent resident without obtaining the CR1 visa.

Again, the green card is the documentation of the status. There's more than one way to obtain the status.

Based on what the OP has indicated as their intention to marry after during the the foreign fiance's next visit to the US, their INTENTION dictates they take the visa route, not the status adjustment route. This kind of visa fraud risks a lifetime ban from US entry. They need also to inspect the potential beneficiary's J1 visa to see if it indicates any required stay in the home country. Some do and some don't.

His J1 does not imply any home country stay. So because we have made the intention to marry, we will have to file for K3 instead? Which will result in him having to leave for a period following the marriage, correct?

No and yes. I would recommend the CR1, not the K3. Yes, he must leave at least long enough to get the medical and visa interview. He must not overstay his J1. The J1 would not "imply" a home country stay. It would directly and clearly state it.

There's lots of discussion here about why CR1 instead of K3 or maybe Dan will be along an paste in his explanation. In short, K3 is more costly, doesn't allow work until months after entry and saves little if any time anymore.

[MaryAshley 0]

No and yes. I would recommend the CR1, not the K3. Yes, he must leave at least long enough to get the medical and visa interview. He must not overstay his J1. The J1 would not "imply" a home country stay. It would directly and clearly state it.

There's lots of discussion here about why CR1 instead of K3 or maybe Dan will be along an paste in his explanation. In short, K3 is more costly, doesn't allow work until months after entry and saves little if any time anymore.

That's my fault for mistyping; his J1 does NOT require a home country stay whatsoever. We know this as fact; I don't believe many if any Camp America-assisted visas ever include a required home stay because of the nature of the program. His J1 expires at the beginning of October. We plan on marrying in the middle of August.

Can I ask for some speculation as to why there is so much more information on the K3 rather than the CR1? I do feel as though the CR1's advantages outweigh on paper, but just in a general search of the internet, there is so much more available on the K3. Thanks again.

[pushbrk 13,067]

No and yes. I would recommend the CR1, not the K3. Yes, he must leave at least long enough to get the medical and visa interview. He must not overstay his J1. The J1 would not "imply" a home country stay. It would directly and clearly state it.

There's lots of discussion here about why CR1 instead of K3 or maybe Dan will be along an paste in his explanation. In short, K3 is more costly, doesn't allow work until months after entry and saves little if any time anymore.

That's my fault for mistyping; his J1 does NOT require a home country stay whatsoever. We know this as fact; I don't believe many if any Camp America-assisted visas ever include a required home stay because of the nature of the program. His J1 expires at the beginning of October. We plan on marrying in the middle of August.

Can I ask for some speculation as to why there is so much more information on the K3 rather than the CR1? I do feel as though the CR1's advantages outweigh on paper, but just in a general search of the internet, there is so much more available on the K3. Thanks again.

Then, he'll need to leave the USA from October forward. He may be allowed to visit on the VWP program during the process but I'd suggest something like a return in mid-December for as long as is practical but no longer than the granted stay. Please check out the new ESTA requirements.

K3 used to be much faster than CR1, so most people took that route. The speed advantage has been reduced so much that it is from only a month or two to actually taking longer. My wife came on a K3 as did many of our veterans' spouses but things have changed significantly in the last couple years and now appear to be stable enough to abandon the K3 option for most circumstances. My wife's sister married a USC in December and I'm assisting them on the CR1 path. No I-129F will be filed, so no K3 option, even though there will be no hurry for her to work upon arrival.

You can read quite a bit in this CR1/IR1 forum about people who wish they had never filed the I-129F after the I-130.

Edited January 21, 2009 by pushbrk