Beginning of the process...Help!

[Raptor 0]

Hi everyone,

I read the guide for the CR-1 visa and I think that's the one I should choose. My boyfriend and I came to the US on vacation (I'm American) for 3 months, but now we have decided we want to get married here and want to stay here instead of going back to his home country. We are getting married in a few days and plan to file the paperwork for his visa ASAP. My understanding is I can file an I-130, I-485 and his work permit request all at once. There are some things I am unsure about, though.

Is it correct for me to put together the package for the I-130 and I-485 and send it all at once to the address indicated by the I-485 instructions?

What happens between the time the Chicago lockbox receives my package and when it is sent to NVC? Does it go to some other department that requires extra stuff I don't yet realize?

I am also confused about what happens right after they receive the package. I know they send an NOA, but is that it? Do I then just have to wait until I get a Choice of Agent form and a bill for that? Then I get the I-864 package from them? If all this is right, then how come I can't just include the Choice of Agent form, payment for it and the I-864 package with my original application to save time?

If I'm supposed to get a "fee bill" for so many things, why can't I just send my payment with my whole package up front?

I'm really sorry I have so many questions. I guess I'm just starting out and it's all very confusing. I appreciate any advice! Thanks.

[Chica Yeyé 41]

Welcome to VJ. you guys have 2 options, and me thinks you have them a bit mixed up

1. File the I-130 for a CR-1 visa after you get married. He goes back home when it is time for his visa interview.

2. File for Adjustment of Status within the US, also after marriage. Also applying for Advanced Parole and Employment authorization. He is not to leave the country while his AOS processes.

I recommend you that will make your options a bit clearer.

[Raptor 0]

Welcome to VJ. you guys have 2 options, and me thinks you have them a bit mixed up

1. File the I-130 for a CR-1 visa after you get married. He goes back home when it is time for his visa interview.

2. File for Adjustment of Status within the US, also after marriage. Also applying for Advanced Parole and Employment authorization. He is not to leave the country while his AOS processes.

I recommend you that will make your options a bit clearer.

Thanks, Chica I read the guide about the CR-1 visa, but I don't quite understand what I am getting mixed up. Did I read the wrong thing?

[Chica Yeyé 41]

If you go for the CR-1 visa; you have to go back home for your interview, being very careful not to overstay in the US.

Since you are in the US already; you will get married, and don't want to go back; you can file just to Adjust your Status. No visa required since you will remain here while the AOS is processed.

[Raptor 0]

If you go for the CR-1 visa; you have to go back home for your interview, being very careful not to overstay in the US.

Since you are in the US already; you will get married, and don't want to go back; you can file just to Adjust your Status. No visa required since you will remain here while the AOS is processed.

Oooohhhh! Now I get it. I was mixing up the CR-1 and AOS, but I only have to choose one. Does that mean I don't have to worry about the DS-230 forms and the fee bills?

[Chica Yeyé 41]

Oooohhhh! Now I get it. I was mixing up the CR-1 and AOS, but I only have to choose one. Does that mean I don't have to worry about the DS-230 forms and the fee bills?

I don't know since I did not do it that way.

What you have to worry about is to prove to USCIS you did not have immigrant intent when you came into the US

[Dakine 26]

Please check the Guides

http://www.visajourney.com/forums/index.ph...page=i130guide2

Chica is the one that's mixed up.

[Chica Yeyé 41]

Please check the Guides

http://www.visajourney.com/forums/index.ph...page=i130guide2

Chica is the one that's mixed up.

Wrong kid -- you either adjust status OR file for a CR-1 visa. Nice try.

[Dakine 26]

Wrong kid -- you either adjust status OR file for a CR-1 visa. Nice try.

Sorry sis but you are giving WRONG information that could cause the OP serious grief!

You submit both the I-130 and the I-485.

It is useful to add an overall cover sheet with the description of the package and pertinent information such as the applicants name and address. Make sure the cover sheet indicates the package is an Immediate Relative (Spouse) Family Based Adjustment of Status Application with a concurrent I-130 filing. List the major contents of the package (i.e. I-485 and evidence, I-130 and evidence, I-765, I-131,etc).

[Chica Yeyé 41]

Sorry sis but you are giving WRONG information that could cause the OP serious grief!

You submit both the I-130 and the I-485.

It is useful to add an overall cover sheet with the description of the package and pertinent information such as the applicants name and address. Make sure the cover sheet indicates the package is an Immediate Relative (Spouse) Family Based Adjustment of Status Application with a concurrent I-130 filing. List the major contents of the package (i.e. I-485 and evidence, I-130 and evidence, I-765, I-131,etc).

I told him I did not know since I did not AOS from within, but filed for a CR-1 via DFC. I never mentioned the forms to fill at all.

And he still has to prove no immigrant intent.

[Dakine 26]

I told him I did not know since I did not AOS from within, but filed for a CR-1 via DFC. I never mentioned the forms to fill at all.

And he still has to prove no immigrant intent.

If you don't know PLEASE don't post!

[Chica Yeyé 41]

If you don't know PLEASE don't post!

read the entire thread and then say something.... or not.

oh, and guess what? He still has to prove no immigrant intent.

[Dakine 26]

read the entire thread and then say something.... or not.

oh, and guess what? He still has to prove no immigrant intent.

It's people like you who post incorrect information that can give VJ a bad name.

You can destroy someones lifes. This isn't a game.

[FortLaudy 10]

I don't see where Chica is wrong. The OP indicated she Thinks CR-1 might be her option and Chica gave her information pertaining to that - yes he needs to go back to his country for the CR-1 route!!! ... however the OP did not give us enough information for us to help her better: what visa status the foreign fiancee is on now, country of origin etc.

To the OP:

You "came to visit the US", does that mean your fiancee is here on a B1/B2 visit visa? When does this visa expire and how long has he been here on that visa? Chica is 100% correct, if he entered the country on a visit visa he has to prove non immigrant intent. Meaning he did not come here with the intention of marrying and staying for good but his intention was to visit and then leave the country and not evade immigration laws. He can adjust status (AOS) from B1/B2 or many other non-immigrant visas if he proves non-immigrant intent - it will help if you don't get married within 90 days of him arriving here but well after.

[Chica Yeyé 41]

It's people like you who post incorrect information that can give VJ a bad name.

You can destroy someones lifes. This isn't a game.

Where the hell do you get off saying stuff like that? just who do you think you are, exactly?

I know this is not a game way better than you do --- and I responded to the OP's initial question quite accurately = he cannot pursue BOTH an AOS and a CR-1 at the same time.

Now do yourself a favor and back off me - reported.

and guess what? The OP will have to prove no immigrant intent if he chooses to pursue t he Adjustment of Status options vs. the CR-1 option.