Finding our feet: IR-1/CR-1 help

[molasses 0]

Hello all,

My husband recently found this and it has been a great source of information to us.

We are hoping that some of you might have some advice specific to our situation.

In brief-if possible-:

I am a US citizen, my husband British.

After three years of being and living together in Australia we decided to marry and move to the US.

It took us 12 months to get our K1 approved(!!!) and we were married in August 09, in the US.

After finical hardships for us my husband returned to the UK for work, two days after the 90 day period. We were told, by a USCIS agent that he was “protected” and could remain in the US as long as desired, despite not having adjusted status.

We are now trying to find our feet and apply to for the IR-1/CR-1 visa because he will need to be able to work upon entering the US-which the K3 does not allow-if we understand correctly.

So, if we file for under the I-130 application how will they determine/ do we identify we are apply for the IR-1/CR-1 and NOT the K3?

I will be filing out of California- has anyone recently gone through this process here and what were the turn around times you?

Do we need a copy of out I-129f approval to complete this application- because they took it off my husband when he entered the US and we have not received it back-although we requested so?

Any advice or general suggestion you may have will be of great help to us.

Many thanks in advance,

Monica

[payxibka 10,047]

The I-130 petition is for IR/CR-1 visa

The I-129F is for K-3.. (also used for K-1)

If you never submit a new I-129F then K-3 will never be a possibility...

[YuAndDan 153]

K-3 requires you to file an I-129F after receiving the receipt letter from USCIS for your filing of an I-130 for CR-1, simply don't file an I-129F.

Only thing you may need from I-129F approval notice for K-1 is your husband's A#, use this on his G-325A when filing I-130 for CR-1 visa. If you don't have the K-1 NOA-2 letter this is not a problem. One note: the POE should have NOT taken this from you, it would have been needed to adjust status from the K-1 visa.

You are correct, CR-1 gets I-551 stamp upon entry to the USA this allows WORK, K-3 does NOT.

[New Beginnings 32]

That's true, if you never file for the K3 you won't have a chance of it getting confused. Simply don't send in the I-129F.

Read the guides definitely so you understand what the process is.

Good luck!