Married, and finally ready to start CR1 :D

[keysjangle 145]

I'll be with my husband in Hawaii for 2 months this upcoming summer. Can he start the CR1 process while I'm in the U.S.? I know I can travel back and forth while it's being processed, but I wasn't sure if there's a rule against me being in the U.S. when he petitions. If not, he'll be able to start it asap once I get my passport/license name changed

Thanks

[RICARDO4EVA2 195]

I'll be with my husband in Hawaii for 2 months this upcoming summer. Can he start the CR1 process while I'm in the U.S.? I know I can travel back and forth while it's being processed, but I wasn't sure if there's a rule against me being in the U.S. when he petitions. If not, he'll be able to start it asap once I get my passport/license name changed

Thanks

Doesnt matter where he/you are located. he can file the petition for you when you both decide.

[lovetimhortons 1]

as far as i'm aware, no problems with it as long as you don't overstay (which i'm sure you won't).

[Matt n Shannon 3]

Make sure you don't over stay. It will result in an automatic decline of your Visa at the interview. Also to Clarify in case you aren't aware. You can travel and remain in the US up to 6 months out of any CALENDAR YEAR. Some people are under false pretense that when they return to home country the counter resets back to 6 months. They keep tabs on how long you've spend each visit. If it tallies past 6 months you will be docked for an over stay and expedited removal will take place. You can avoid alot of heart ache and pain later by just sacrificing a for a short time. Hope it all works out!

[Nataliya-Ron 7]

Good LUCK, and be sure to save al your proof of your travels and

meeting with pictures and flight tickets.

yes do the CR-1 Visa after your married and fike the I-130 and

get started, Yes be sure to return and dont over stay you can

be banned from 3 to 10 years if you over stay your Visa.

But you will have to do your Interview in your US Embassy

and return for yur Visa to your native country

Good Luck

[OBX 51]

Doesnt matter where he/you are located. he can file the petition for you when you both decide.

[RICARDO4EVA2 195]

as far as i'm aware, no problems with it as long as you don't overstay (which i'm sure you won't).

Isn't it that even if she should overstay and is married to a US. Citizen while here ANY overstay, unlawful presence etc would have beeb forgiven and so would be allowed to adjust status to a resisent?

[Canadiandggal 49]

Isn't it that even if she should overstay and is married to a US. Citizen while here ANY overstay, unlawful presence etc would have beeb forgiven and so would be allowed to adjust status to a resisent?

No because she is doing the cr-1 , that only applies to AOS people.

If she overstays she would be denied at the interview and would need to do a waiver to overcome the ban.

Never risk yoru future for one day when you have the rest of your life to look forward to

[RICARDO4EVA2 195]

No because she is doing the cr-1 , that only applies to AOS people.

If she overstays she would be denied at the interview and would need to do a waiver to overcome the ban.

Never risk yoru future for one day when you have the rest of your life to look forward to

Correct but the OP can file AOS packet along with the I-130 and all be well right? I'm not talking to file the stand alone i130 if the spouse in in the usa .. The aos packet must be filed to adjust... The i130 does noting but proves that a relationship present.

[Amy and Nick 37]

But as she is already married, surely she cannot enter the US and AOS as there will be clear intent to immigrate...

OP, its fine to file while youre in the US, i did!

However on the I-130 make sure you put down HOW you entered, as well as making sure on the question that asks about AOS, you write N/A and that you will be interviewing at the Montreal consulate!

Good luck and congrats on getting the process started!

[keysjangle 145]

Thank you all very much

I know about not overstaying haha, and I've got 2 B2 stamps in my passport so I learned about the 6 month rule a couple years ago.

I've been saving up all the documents and pictures I can. Recently added to the collection: Receipts from hotel after wedding, more boarding passes, wedding pictures, and of course wedding documents. My collection folder is getting fat quickly

Anyway, I just wanted to make sure I had the option to be with him when he petitions (double check all my info, help him with questions, be ready to jump on VJ etc lol)

[Canadiandggal 49]

Correct but the OP can file AOS packet along with the I-130 and all be well right? I'm not talking to file the stand alone i130 if the spouse in in the usa .. The aos packet must be filed to adjust... The i130 does noting but proves that a relationship present.

Your sentence has just confused me...

No she does not have to file the AOS packet as she will need to file a cr-1 visa which consists on The I130 NO AOS. She will not AOS period. I have never heard of someone being able to file a i130 and a aos along. Maybe you are thinking of a i129F and then the aos.

Thank you all very much

I know about not overstaying haha, and I've got 2 B2 stamps in my passport so I learned about the 6 month rule a couple years ago.

I've been saving up all the documents and pictures I can. Recently added to the collection: Receipts from hotel after wedding, more boarding passes, wedding pictures, and of course wedding documents. My collection folder is getting fat quickly

Anyway, I just wanted to make sure I had the option to be with him when he petitions (double check all my info, help him with questions, be ready to jump on VJ etc lol)

I should add. We sent the petition while I was here in the states and I spent the next 3 months with him.

[RICARDO4EVA2 195]

well sorry if you are confused. Was just asking as I know of individuals who were in the usa and who were married and filed the adjustment of status packet since they were inside the usa. I know that the adj. Of status isnt possible IF one is not in the usa. Dont know how to get u to better umderstand where i'm commming from no need to address it.

[lovetimhortons 1]

to the OP: i was just wondering why the wait until the summer to file? i guess it has to do with your ultimate timeline of being together in the US. there just always seem to be delays with these things!

the name change on passport, etc can prolly be dealt with within a month. i didn't go through IR-1/CR-1, but does anyone know what the deadline of "activating" the IR-1/CR-1 once it's been received is?

Edited January 13, 2011 by lovetimhortons

[keysjangle 145]

to the OP: i was just wondering why the wait until the summer to file? i guess it has to do with your ultimate timeline of being together in the US. there just always seem to be delays with these things!

the name change on passport, etc can prolly be dealt with within a month. i didn't go through IR-1/CR-1, but does anyone know what the deadline of "activating" the IR-1/CR-1 once it's been received is?

Oh, I didn't want to wait till the summer; he'll be in Toronto next month so we can start going over paperwork then so that he's prepared when filing back in Florida on his own. I was just thinking about the summer as another option. I would like to be with him when he's doing the paperwork though, I'm kind of a control freak with this kind of stuff I told him he could use my VJ account to ask questions if he has any. I actually would prefer to start filing sooner so that when I travel to Hawaii for the summer, I can show them I'm still in school.... I don't have many "proper" ties back to the city besides that. I don't pay rent, bills, etc I have to find some ways to make more ties besides school (which will be over within a year, and my part-time job) hhhhhhmmmmm

OH the other reason, the more important reason DURR is that he'll be moving to Hawaii in the summer. I don't know how much of a pain in the #### it is to start from one home filing address and then change to another. It just seems like something I'd want to avoid :\ Opinions on that?

Edited January 13, 2011 by Gervl