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Form I-485 - I am lost!

By Writer in IR-1 / CR-1 Spouse Visa Process & Procedures

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Writer Apprentice

Writer   0

Posted
Filed: Country: Georgia
 Timeline
Posted

Hi evertyone! I haven't been here for a while. Plans have changed, we didn't apply yet. It will be two years of our marriage in summer so I am thinking to wait a bit longer, so I can qualify for IR1.

My concerns should I-485 be filed with I-130 or it is optional? If it is optional, how much time does a person have to file it, after getting approved? As I noticed some procedures have changed. It will be two years since we got married, in summer, so we will file for IR1 (fingers corssed!)Befoer I remember affidavit of support was filed after I-130 was approved. Did that change too?

I am sorry if this question is simple, and I shouldve figured out myself, but sometiems it is so confusing :))

Thank you ahead!

T&J

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Ryan H Grand Master

Ryan H   3,812

Posted
Filed: Lift. Cond. (apr) Country: China
 Timeline
Posted (edited)

I-485 is for adjustment of status. since your spouse is still living overseas and will eventually be applying for a spousal visa, the I-485 is a form you will not be dealing with at all.

BTW: You don't have to wait until your second anniversary to file a petition, if your spouse will interview after your second anniversary, your spouse will be issued an IR-1 visa. Also, even if your spouse were to be issued a CR-1 visa, if it's after your second anniversary when your spouse goes through the POE, your spouse can point out to CBP that you two have been married for 2 years and is allowed IR-1 status.

Edited by Ryan H

Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

December 18, 2023:  Filed I-90 to renew Green Card

December 21, 2023:  Production of new Green Card ordered - will be seeing USCIS again every 10 years for renewal

 

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~Hot Mama~ Enthusiast

~Hot Mama~   3

Posted
Filed: IR-1/CR-1 Visa Country: Georgia
 Timeline
Posted

Yeah dont wait until your two year anniversary to file... Do it now! The process takes sooo long that by the time it is all over you may have been married for 2 years anyways! If you havent they will issue a CR1 and after the 2 year anniversary you can go remove the conditions to an IR1. Such an easy process to update later that I would just file the paperwork to get the ball rolling. It seriously takes a year from start to finish. If you need any help let me know!

02/06/2011 ~ MARRIED IN REPUBLIC OF GEORGIA

03/31/2011 ~ FILED I-130 & G325A (SENT TO CHICAGO LOCKBOX VIA UPS)

04/09/2011 ~ RECEIVED NOA1 IN MAIL :-)

07/11/2011 ~ APPROVED WOOOOOOOO HOOOOOOOO!!!!!

07/29/2011 ~ NVC RECEIVED CASE

08/22/2011 ~ RECEIVED NVC CASE# AND IIN

08/24/2011 ~ EMAILED DS-3032 SENT VIA HUBBYS EMAIL ACCOUNT

08/25/2011 ~ RECEIVED 3 EMAILS FROM NVC

08/25/2011 ~ PAID AOS FEE $88.00

08/26/2011 ~ AOS FEE SHOWS "PAID" - RECEIPT PRINTED AND READY TO MAIL

08/30/2011 ~ AOS PACKAGE SENT FEDEX OVERNIGHT

09/01/2011 ~ IV BILL INVOICED AND PAID

09/06/2011 ~ AOS PACKAGE APPROVED

09/09/2011 ~ IV PACKAGE SENT TO NVC VIA FEDEX OVERNIGHT

09/15/2011 ~ CASE CLOSED

INTERVIEW DATE ~ 11/30/2011 - APPROVED

12/04/2011 ~ ENTERED USA THROUGH JFK AIRPORT

STILL WAITING FOR GREEN CARD......

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Harpa Timsah Grand Master

Harpa Timsah   13,258

Posted
Filed: Lift. Cond. (apr) Country: Israel
 Timeline
Posted

Thank you so much for making this clear. It's just that USCIS website said I-130 and I-485, not OR, that I got confused. :)

You must have been reading the wrong instructions for circumstances that don't apply to you.

AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

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canadian_wife Grand Master

canadian_wife   1,822

Posted
Filed: Citizen (apr) Country: Canada
 Timeline
Posted

Forget the K3, its usefullness is LONG passed. Stick with the Cr-1. The K3 takes longer and is more expensive

Good luck

USCIS
August 12, 2008 - petition sent
August 16, 2008 - NOA-1
February 10, 2009 - NOA-2
178 DAYS FROM NOA-1

NVC
February 13, 2009 - NVC case number assigned
March 12, 2009 - Case Complete
25 DAY TRIP THROUGH NVC

Medical
May 4, 2009

Interview
May, 26, 2009

POE - June 20, 2009 Toronto - Atlanta, GA

Removal of Conditions
Filed - April 14, 2011
Biometrics - June 2, 2011 (early)
Approval - November 9, 2011
209 DAY TRIP TO REMOVE CONDITIONS

Citizenship

April 29, 2013 - NOA1 for petition received

September 10, 2013 Interview - decision could not be made.

April 15, 2014 APPROVED. Wait for oath ceremony

Waited...

September 29, 2015 - sent letter to senator.

October 16, 2015 - US Citizen

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~Hot Mama~ Enthusiast

~Hot Mama~   3

Posted
Filed: IR-1/CR-1 Visa Country: Georgia
 Timeline
Posted

cr1/ir1 is what you want... File I-130 for spousal visa. A K3 is no longer of any use and you will be wasting time going that route.

02/06/2011 ~ MARRIED IN REPUBLIC OF GEORGIA

03/31/2011 ~ FILED I-130 & G325A (SENT TO CHICAGO LOCKBOX VIA UPS)

04/09/2011 ~ RECEIVED NOA1 IN MAIL :-)

07/11/2011 ~ APPROVED WOOOOOOOO HOOOOOOOO!!!!!

07/29/2011 ~ NVC RECEIVED CASE

08/22/2011 ~ RECEIVED NVC CASE# AND IIN

08/24/2011 ~ EMAILED DS-3032 SENT VIA HUBBYS EMAIL ACCOUNT

08/25/2011 ~ RECEIVED 3 EMAILS FROM NVC

08/25/2011 ~ PAID AOS FEE $88.00

08/26/2011 ~ AOS FEE SHOWS "PAID" - RECEIPT PRINTED AND READY TO MAIL

08/30/2011 ~ AOS PACKAGE SENT FEDEX OVERNIGHT

09/01/2011 ~ IV BILL INVOICED AND PAID

09/06/2011 ~ AOS PACKAGE APPROVED

09/09/2011 ~ IV PACKAGE SENT TO NVC VIA FEDEX OVERNIGHT

09/15/2011 ~ CASE CLOSED

INTERVIEW DATE ~ 11/30/2011 - APPROVED

12/04/2011 ~ ENTERED USA THROUGH JFK AIRPORT

STILL WAITING FOR GREEN CARD......

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Writer Apprentice

Writer   0

Posted
Filed: Country: Georgia
 Timeline
  • Author
Posted

Is there any option that I could visit him in US while we wait for papers? I don;t mean to be there all the time, just to be able to go.

I read that K3 is useful for that case and that it is of no extra cost, if your papers are in process.

Please, share your opinion on this.

Thanks

T&J

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Gaijinsan Contributor

Gaijinsan   3

Posted
Filed: IR-1/CR-1 Visa (DCF) Country: Japan
 Timeline
Posted

Is there any option that I could visit him in US while we wait for papers? I don;t mean to be there all the time, just to be able to go.

I read that K3 is useful for that case and that it is of no extra cost, if your papers are in process.

Please, share your opinion on this.

The K-3 visa is not/was not intended for what you are describing; a B-2 tourist visa is (I assume you have only a Georgian passport and are thus ineligible for travel under the VWP). You can try applying for one; however, the fact you have the U.S. citizen spouse will work against you in establishing that your travel under the B-2 visa will be only temporary.

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Writer Apprentice

Writer   0

Posted
Filed: Country: Georgia
 Timeline
  • Author
Posted

The K-3 visa is not/was not intended for what you are describing; a B-2 tourist visa is (I assume you have only a Georgian passport and are thus ineligible for travel under the VWP). You can try applying for one; however, the fact you have the U.S. citizen spouse will work against you in establishing that your travel under the B-2 visa will be only temporary.

Thanks. B2 is not an option. I was told I am apotential threat to illegally immigarte, so I shouldn;t even try. :) I guess will have to wait.

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