Getting divorced, it's my fault.

[desert_fox 32]

Since he entered as a K-3, the issue is to Adjust status with the I-485. Any talk of CR-1 and removal of conditions are not relavant at this point.

As part of the submitting the I-485 is that you, the US Citizen will have to submit a I 484 Aff. of Support. Are you prepared to do that??

Also, if he goes to an Adjust of Status interview alone, Im under the impression that it will be an automatic rejection, especially if you are still married. Im a little fuzzy on this. So that is exactly why you both need to go and talk to an immigration attorney if you are still on good terms. It may be necessary to get divorced now and that would enable him to Adjust Status based on good faith marriage, but Im not really sure.

An Immigration Attorney is what you need.

[Yodrak 7]

kc456,

Re. your first question Tracy may be confused, the issue immediately at hand is gaining PR status.

Re. your second question you appear to be confused, since applying for an immigrant visa is one way for a K3 to obtain PR status.

But thanks for waking me up to something.

Yodrak

My husband and I have been married a little over a year. I am the USC and he came over on a K3 visa. We were debating whether to have adjust status or do CR1 so we haven't started either one yet.

Am I confused? Or is the OP confused?

It appears that the husband has not filed for AOS yet. So why is the talk of lifting conditions? Why is the talk of CR1, as the husband is in the US already on K3?

Tracy,

Very interesting question, one that your husband (or you and he together) might want to explore with the immigration attorney who you're going to consult. For adjustment of status you will have to attend the interview with him, for the immigrant visa you will not. There could be some interesting and subtle differences in the questions that are asked, or in the way that similar questions might be asked, and there might be some differences in the way that the questions could be answered. Fine lines to be alert to and perhaps approach without crossing.

Whether the immigrant visa option is chosen or the adjustment option, the resulting status will depend on the length of the marriage at the time status is granted - conditional if less than 2 years, without conditions if more than 2 years. (Recognize that on the visa route status does not come with the visa, it comes with entry after getting the visa.)

Yodrak

I was hoping I could get more suggestions on whether he should adjust status or do CR1. My question is if we go the CR1 route, will he get a permanent green card or is it still conditional? I read something about lifting conditions. What is that? Can anyone explain? I would appreciate it.

Edited September 14, 2006 by Yodrak

[mrs.jenjen 0]

How is your husband working if he hasn't AOS'd yet? Surely thats totally against all the rules?

[Donna A 4]

mrs jenjen.

u dont need to aos to work. all u need is EAD.

[allynella 0]

How is your husband working if he hasn't AOS'd yet? Surely thats totally against all the rules?

It's different for K3's...

[Yodrak 7]

allynella,

Different from what? Different how?

Yodrak

How is your husband working if he hasn't AOS'd yet? Surely thats totally against all the rules?

It's different for K3's...

[trlarson 0]

Sorry for the late reply on this. I haven't checked VJ in the last few days. No, my husband has not adjusted status yet so he does not have his EAD. My dad owns a small family business. He does estate hauling. My dad agreed to let my husband help out while teaching him the business. My husband and my dad get along great, which makes this divorce even harder. Technically, my husband is not supposed to work but it's not a real paying job. I'm sure many people here will debate this but it's a decision we made and we'll accept any criticism. He just got so tired of sitting around doing nothing that my dad invited him to go with him on a couple of jobs. My husband enjoyed it and found it rewarding to be able to do something to contribute. We both live at home with my parents and they have financially helped us out a lot.

[Yodrak 7]

Tracy,

There's no connection between the two, except that a person who has adjusted status no longer needs employment authorization and an EAD. It the people who have not yet adjusted status - people such as your husband - who need EA and an EAD if they want to work. I think you mean that your husband has still not applied to adjust status?

Yodrak

.... my husband has not adjusted status yet so he does not have his EAD. .....

Edited September 19, 2006 by Yodrak

[wildestkabs 0]

Why is the talk of CR1, as the husband is in the US already on K3?

ko,

Because when the US Petitioner files the I-130 and the I-129F, it makes the beneficary eligible to apply for both the K3 and the CR1/IR1 visa.

If the approved I-130 reaches the Consulate before the approved I-129F, then the beneficiary will be scheduled for the CR1/IR1 visa interview and depending on how old the marriage is, will be awarded with one of the 2 visas, resulting in either a CPR or an LPR status on entry. The approved I-129F would then be terminated and the K3 visa would be a moot point.

However, if the I-129F reaches the Consulate before the approved I-130, then the beneficiary will be scheduled for the K3 interview and upon approval, will enter the US on a non-immigrant visa leading to a non-immigrant status and apply for AOS. Even then, the alien spouse has the option of returning back to his home country and take the CR1/IR1 immigrant visa interview, in case that has been scheduled, obtain that visa, get the K3 invalidated and use the CR1/IR1 visa to re-enter the US, this time an an immigrant instead of a non-immigrant, and hence be awarded with either the 2 year or the 10 year permanent residence status, accordingly.

Hope that clears up the confusion.

Edited October 25, 2006 by wildestkabs

[no name 1]

Sorry for the late reply on this. I haven't checked VJ in the last few days. No, my husband has not adjusted status yet so he does not have his EAD. My dad owns a small family business. He does estate hauling. My dad agreed to let my husband help out while teaching him the business. My husband and my dad get along great, which makes this divorce even harder. Technically, my husband is not supposed to work but it's not a real paying job. I'm sure many people here will debate this but it's a decision we made and we'll accept any criticism. He just got so tired of sitting around doing nothing that my dad invited him to go with him on a couple of jobs. My husband enjoyed it and found it rewarding to be able to do something to contribute. We both live at home with my parents and they have financially helped us out a lot.

I'm sorry to hear of your situation. But if you are living at home with your folks (& they are helping you financially) - how do you plan on helping HIM financially as per your I-864? You've had over a year to file for his work permit & haven't? Why not?

[dmartmar 1]

These two statements really throw me off, b/c they totally contradict one another.

He didn’t marry me just to get a green card, but I want him to get his green card. I want him to continue living here and building a life here.

So far, so good. Up to this point, your story had felt so real, so human, so emotional, it made me cry like a sissy. Women like her don't exist anymore!

I don’t want this green card process to bind us together for years to come when we both need to get closure and move on.

Now what happened here? Yes, I cried like a sissy here too, but only after feeling the intense pain your surprisingly hard slap on my face caused me. Closure? Moving on? Non-binding?

Those are words with huge meanings and usually sad outcomes!

Edited November 3, 2006 by dmartmar