USC Hubby abandoned us (again) - CR-1 Visa and CRBA Approved

[his_sunshine 0]

Hi,

I have been wanting to write on here for several weeks now but never knew how to start. My story is long and I am not sure if it's going to help you out to help ME out but I will give it anyway but in bullet points to make it easier (and less emotional, on me anyway). So here I go:

1. My USC hubby and I filed for a CR-1 Petition around July of 2007. We were married in 2006.

2. I got pregnant with our daughter in March 2008.

3. I gave birth to our daughter on Dec 9, 2008. A couple of days after that, my hubby told me he is leaving me and the baby, for another woman (also a USC). At this time, we were in the middle of preparing supporting documents to be submitted to the NVC.

4. In March 2009, I learned that he got the girl pregnant.

5. In June 2009, he came back to the Philippines to "try to make things" right between us. I gave him another chance. At this point, he wanted us to continue with the visa processing. So we did.

6. In October 2009, the petition was approved in NVC and a date was set for the interview (Dec 2, 2009). When I told him about it, he told me that he does not want to be in the marriage anymore.

7. I learned 2 weeks later that he is in a relationship with another woman (not the one he got pregnant in March).

8. In November 2009, I applied for our daughter's CRBA and US Passport, and got both in the mail in Jan 2010.

9. My CR-1 Visa was approved also in Jan 2010 expiring on May 2010.

10. Please note that in the entire time, both times, that he cheated on me, he has not helped me in any way, with our daughter.

So I decided to come to the US anyway, here are my questions:

1. I have read here over and over again that even if you filed for a CR-1 Petition, if you are married for more than 2 years upon entry, you will be given an 10 year unconditional PR. My (ex) hubby and I would have been married for 4 years in July 2010. I am planning to leave in April, a couple of months short of our 4 year anniversary. The question is: Do they automatically give the 10 year GC to you? Or do you have to say something to them at POE about being married for more than 2 years??

2. Will it be an issue if I come back to the Philippines within a month after I enter the US, without the GC? I have a commitment to my current job until the end of August and will not be able to migrate before May 2010, but since the visa has an expiration, I thought of leaving in April and coming back within a month to finish my contract at my job here, and then come back to the US before the 6 month allowed period. Will I have issues on this?

3. Will it be an issue if I don't bring our daughter with me?? Our daughter is 14 months old. She is a USC, not a visa beneficiary, but she was named in the petition as our daughter. Do they expect me to bring her with me?

4. Will I be interviewed at POE? If so, what kind of questions should I be expecting?

5. Will I be able to change the mailing address of the GC and SSN at the POE? I tried telling the CO at the interview about the change of address but he told me they are not the ones that should be informed of the change but USCIS. I will be staying at my (ex) hubby's cousin. Will her address be ok?

This is quite a long post but I am hopeful that my queries will be answered informatively. I am thanking everyone in advance.

(Not) his_sunshine (anymore)

[his_sunshine 0]

*BUMP*

[Otto 83]

1. I have read here over and over again that even if you filed for a CR-1 Petition, if you are married for more than 2 years upon entry, you will be given an 10 year unconditional PR. My (ex) hubby and I would have been married for 4 years in July 2010. I am planning to leave in April, a couple of months short of our 4 year anniversary. The question is: Do they automatically give the 10 year GC to you? Or do you have to say something to them at POE about being married for more than 2 years??

All you need to do is get through the POE - your PR/Green Card will be mailed to the address they have on file - the CBP officer at the POE isn't the decision maker, he/she simply processes you in.

2. Will it be an issue if I come back to the Philippines within a month after I enter the US, without the GC? I have a commitment to my current job until the end of August and will not be able to migrate before May 2010, but since the visa has an expiration, I thought of leaving in April and coming back within a month to finish my contract at my job here, and then come back to the US before the 6 month allowed period. Will I have issues on this?

No - a CR-1/IR-1 is a multiple entry visa.

3. Will it be an issue if I don't bring our daughter with me?? Our daughter is 14 months old. She is a USC, not a visa beneficiary, but she was named in the petition as our daughter. Do they expect me to bring her with me?

Has a passport yes?

4. Will I be interviewed at POE? If so, what kind of questions should I be expecting?

You'll be processed (asked a few questions, papers reviewed) but it isn't exactly an interview.

5. Will I be able to change the mailing address of the GC and SSN at the POE? I tried telling the CO at the interview about the change of address but he told me they are not the ones that should be informed of the change but USCIS. I will be staying at my (ex) hubby's cousin. Will her address be ok?

File the change of address with USCIS and I'd follow up with a call.

[Deputy Purple 1,294]

1. I have read here over and over again that even if you filed for a CR-1 Petition, if you are married for more than 2 years upon entry, you will be given an 10 year unconditional PR. My (ex) hubby and I would have been married for 4 years in July 2010. I am planning to leave in April, a couple of months short of our 4 year anniversary. The question is: Do they automatically give the 10 year GC to you? Or do you have to say something to them at POE about being married for more than 2 years??

You're correct, you should receive the 10 year GC, look on your printed Visa does it say Visa Class is IR-1 or CR-1?

2. Will it be an issue if I come back to the Philippines within a month after I enter the US, without the GC? I have a commitment to my current job until the end of August and will not be able to migrate before May 2010, but since the visa has an expiration, I thought of leaving in April and coming back within a month to finish my contract at my job here, and then come back to the US before the 6 month allowed period. Will I have issues on this?

No problem at all, at POE they will stamp I-155 (or is it I-551) on your Passport which is equal to a temporary GC it allows re-entry.

3. Will it be an issue if I don't bring our daughter with me?? Our daughter is 14 months old. She is a USC, not a visa beneficiary, but she was named in the petition as our daughter. Do they expect me to bring her with me?

No they are not expecting her.

4. Will I be interviewed at POE? If so, what kind of questions should I be expecting?

From what my wife said they only ask a few basic questions, being polite.

5. Will I be able to change the mailing address of the GC and SSN at the POE? I tried telling the CO at the interview about the change of address but he told me they are not the ones that should be informed of the change but USCIS. I will be staying at my (ex) hubby's cousin. Will her address be ok?

I don't know this one but you can contact USCIS within a few days of arrival to submit a change of address. Maybe get an infopass appointment to ensure your GC goes to the correct address.

[edward toro 3]

CR/IR VISAS ARE SINGLE ENTRY VISAS WITH 6 MONTHS EXPIRATION DATE. YOU USE IT ONCE AND THAT'S IT. AGAIN SINGLE ENTRY VISAS

[his_sunshine 0]

You're correct, you should receive the 10 year GC, look on your printed Visa does it say Visa Class is IR-1 or CR-1?

Visa Class is CR-1 in my passport. This was what we applied for since we filed 2007 when we were less than 2 years. Will I know at POE if I will be getting the 10-yr GC or the 2-yr GC or, not until I get the card in the mail?? This is important to me because, obviously, if I get the 2 years, I will not be able to remove conditions anymore because I will not be getting back together with my husband anymore.

Thank you for your help.

[Lona.C. 16]

CR/IR VISAS ARE SINGLE ENTRY VISAS WITH 6 MONTHS EXPIRATION DATE. YOU USE IT ONCE AND THAT'S IT. AGAIN SINGLE ENTRY VISAS

from what I see here it is multiple entry

http://www.visajourney.com/forums/index.ph...mp;page=compare

[TheBears 9]

The passport with the I-551 stamp is okay for travel even without the actual green card, no?

[his_sunshine 0]

The passport with the I-551 stamp is okay for travel even without the actual green card, no?

Yes, that's what is written on the visa itself, that endorsement of the visa serves as a temporary GC valid for a year until you get the actual GC.

*BUMP*

*BUMP*

[his_sunshine 0]

bump

[edward toro 3]

from what I see here it is multiple entry

http://www.visajourney.com/forums/index.ph...mp;page=compare

This is from the department of state. at the embassy in Bogota website

http://bogota.usembassy.gov/root/pdfs/cons...vapptfeb010.pdf

it is located right at the end on the second page of this document. this info from the www.usembassy.gov website.

"Immigrant visas are valid for six months and are good for one entry into the United States."

[Deputy Purple 1,294]

Visa Class is CR-1 in my passport. This was what we applied for since we filed 2007 when we were less than 2 years. Will I know at POE if I will be getting the 10-yr GC or the 2-yr GC or, not until I get the card in the mail?? This is important to me because, obviously, if I get the 2 years, I will not be able to remove conditions anymore because I will not be getting back together with my husband anymore.

Thank you for your help.

You should get a 10 year but even if you don't you can file for ROC in 2 years without him, just be sure to be divorced before the time comes. I think the biggest hurdle for you a Removal of Conditions will be proving marriage in good faith. Since you've never lived together as husband & wife or co-mingled assets it will look like a sham marriage.

If you traveled to the US knowing the marriage was over then it might not work well for you if you need to remove conditions after 2 years. I don't know how you'd be able to prove that you traveled to the US in hopes that your marriage could be mended.

If it was me, I'd find the form to file change of address with USCIS now since you have time before you travel. I'd also call the USEM in Manila and ask them about the IR/CR status of your Visa. Just explain that when you started the process you had not yet been married for 2 years but at the time of approval you had passed the 2 year mark.

I'm pretty sure I remember reading a few posts on VJ where the beneficiary received the 10 year GC even though their entry Visa was CR-1 because at the time of POE (which triggers GreenCard Issue) they had passed the 2 year mark.

"Immigrant visas are valid for six months and are good for one entry into the United States."

The Visa is Single Entry but with the I-551 Stamp it becomes a temporary GreenCard good for 1 year. This will allow her to leave & re-enter the US even without the physical GreenCard as it is proof she's a LPR.

[MrsOO 7]

you got the stamp in dec 2009, thats after 3.5yr or so of marriage (based on what you put here), so you got the IR-1. No need to file for removal of conditions. In 5 years, you apply for citizenship. Just come to the US, make sure you get a divorce. Sorry to hear about your misfortune, hope he realizes that he can be taken to court for child support.

[sachinky 465]

Stupid question maybe -- but why travel all the way to the U.S. with no promise of a job and with your marriage effectively over? I guess, I don't really see what's in it for you. It's one thing if there was some hope of reconciliation with your husband--who btw, sounds like a real piece of work--but from your post, it doesn't seem like that's happening anytime soon.

Edited February 18, 2010 by sachinky

[Cindy & Greg 0]

from what I see here it is multiple entry

http://www.visajourney.com/forums/index.ph...mp;page=compare

The CR 1 visa, itself, is a single entry use.

Once it's used a stamp is placed in your passort which allows you to enter freely until such time as you get your green card.