Married In US

[Chris & Tok 0]

If someone comes to America On A 10 Year multiple entry b2 and marries, but does not AOS. Can that person start the CR1 Petition while they are still in America?

[Amy and Nick 37]

If the intending immigrant is already in the US and came without immigration intent, then they would file for Adjustment of Status.

[Done--Really 331]

But if the immigration intent is questionable and has a high risk of being viewed as immigration fraud, then CR-1 is the better path, but your spouse will have to return home at the end of the process for the interview at the consulate if you go down the CR-1 path. You can certainly file for CR-1 while your spouse is still here if you decide that is the best path for you.

[pushbrk 12,882]

If someone comes to America On A 10 Year multiple entry b2 and marries, but does not AOS. Can that person start the CR1 Petition while they are still in America?

Yes you, the USC, not the foreigner can file the petition while they are still here but make if very clear that they will apply for a visa in their home country. I've seen USCIS treat these petitions as if the beneficiary will adjust status, and simply hold onto them after approval instead of sending them to NVC. If she's near her departure date when you're ready to file, I would even wait to file until she leaves and make sure the I-130 box is checked NO for beneficiary in the USA now. If she'll be here a while and you don't want to delay filing that long, then put an extra red not on the top indicating this is a CR1 visa filing. Do the same on the G325a where it asks the purpose of the form.

If the intending immigrant is already in the US and came without immigration intent, then they would file for Adjustment of Status.

The COULD, not WOULD. Some people actually NEED to leave and come back later for numerous reasons. If they don't need to leave, sure, they can file to adjust status.

Edited March 13, 2011 by pushbrk