CR1/IR1 while IN the USA

[mojo2180 0]

I apologize up front if this is a duplicate topic, but I haven't found anything anywhere to help me in my situation...

I am a Canadian, married my American boyfriend in the US this week and now I'm wondering how the process works if I STAY in the USA rather than returning home to file for spouse visa. I did not come to the US with the intent to marry him, it's been a whirlwind romance! I've only been in the US for just over 2 months; and am entitled to stay here as a visitor for 6 months, so I'm not overstaying at all. I've heard that the K3 is not an option any longer and the route I have to take is CR1...

My questions are;

1) How soon can I start working after we submit our paperwork?

2) How long does the whole process take?

3) How much does it cost to file this paperwork?

4) What forms (all please) do we need to fill out/submit?

Any help would be greatly appreciated!!!

[hikergirl 277]

http://www.visajourney.com/content/guides

The guides (located on the blue bar at the top will give you) an idea of what you are asking for.

Fees are broken down somewhat in this chart: http://www.visajourney.com/content/compare I think the AOS from within the US would be a similar cost to the K-3, but I couldn’t tell you for sure.

It will be at least 2-3 months for you to get authorization to work (EAD) after you send in all of the paperwork (if you AOS from the US). I don’t believe you will be able to get an SSN until after you get the authorization which has been taking a few weeks if I remember right. Keep in mind also that you cannot go back to Canada until after you get Advance Parole either.

The guides will give you the forms you need to fill out.

Edited December 18, 2012 by hikergirl

[caly 48]

Hello, welcome to VJ!

You have 2 options available to you right now. You can either file for the adjustment of status (or AOS as it is so often referred to -- not to be confused with the Affidavit of Support though!) since you are already in the US; or you can continue with the CR-1 route (returning home when your visit is over and interviewing in Canada). I think you are confusing both!

With regards to the CR-1, you can work immediately (as soon as you receive your SSN card) when you arrive in the US. The whole process takes about 8-12 months. It will cost $420 for the initial petition (I-130), $230 for the immigrant visa application (DS-230), $88 for the Affidavit of Support fee (I-864) and then a $165 green card processing fee after your visa has been approved. On top of that, you will need to pay for passport photos, police certificate(s) and the medical which differs from country to country.

I am only familiar with the CR-1 as that is what we applied for so I will let someone else more knowledgeable deal with the AOS option. However, I do know that you can apply for work authorization when you submit the adjustment of status paperwork. It will be some months before you will be able to work though!

Read the guides for more information:

CR-1: http://www.visajourney.com/content/i130guide1[/url, http://www.visajourney.com/wiki/index.php/How_Do_I_Bring_My_Spouse_(Husband_or_Wife)_to_Live_in_the_United_States%3F

Adjustment of status: http://www.visajourney.com/content/i130guide2

Good luck!

Edited December 18, 2012 by caly

[hikergirl 277]

You might also want to look into Health Care coverage if you plan on staying down there.

I know my spouse wanted to add my daughter right away after we were married but couldn’t because they required a SSN.

You won’t have any provincial coverage if you stay out of Canada longer than six months.

I’m hoping you have travel insurance right now? I was reading that the average cost of a broken arm in the US is $10K.

[mojo2180 0]

You might also want to look into Health Care coverage if you plan on staying down there.

I know my spouse wanted to add my daughter right away after we were married but couldn’t because they required a SSN.

You won’t have any provincial coverage if you stay out of Canada longer than six months.

I’m hoping you have travel insurance right now? I was reading that the average cost of a broken arm in the US is $10K.

Thank you for your help... I do currently have travel insurance but only for another month or two (eek!)... So is the EAD a particular form or is it part of the process? I am so naive when it comes to all of this, I am starting from scratch, no knowledge whatsoever...

[hikergirl 277]

Thank you for your help... I do currently have travel insurance but only for another month or two (eek!)... So is the EAD a particular form or is it part of the process? I am so naive when it comes to all of this, I am starting from scratch, no knowledge whatsoever...

http://www.visajourney.com/content/i130guide2

If you look at the guide for Adjusting Status from within the US it lists a bunch of forms. I believe the I-765 is the one for Employment Authorization.

It’s a big decision on which way you want to go and not one made lightly. Take your time and read and talk to your husband and families.

Good luck in whatever you decide.

*edited to add link to guide

Edited December 18, 2012 by hikergirl

[mojo2180 0]

Hello, welcome to VJ!

You have 2 options available to you right now. You can either file for the adjustment of status (or AOS as it is so often referred to -- not to be confused with the Affidavit of Support though!) since you are already in the US; or you can continue with the CR-1 route (returning home when your visit is over and interviewing in Canada). I think you are confusing both!

With regards to the CR-1, you can work immediately (as soon as you receive your SSN card) when you arrive in the US. The whole process takes about 8-12 months. It will cost $420 for the initial petition (I-130), $230 for the immigrant visa application (DS-230), $88 for the Affidavit of Support fee (I-864) and then a $165 green card processing fee after your visa has been approved. On top of that, you will need to pay for passport photos, police certificate(s) and the medical which differs from country to country.

I am only familiar with the CR-1 as that is what we applied for so I will let someone else more knowledgeable deal with the AOS option. However, I do know that you can apply for work authorization when you submit the adjustment of status paperwork. It will be some months before you will be able to work though!

Read the guides for more information:

Good luck!

Thank You!

Can you tell me, how the heck I fill out this I-130 form?!? LOL... I am the Canadian, he is the American... I assume the form is filled out by him and I am the "relative"? Do I put my married last name or maiden name on the form? Where do I find the I-94 Arrival/Departure record number? I am the only relative we are applying for, I have no children... Do I list my name AGAIN at the top of the second page? I feel like such an idiot lol

[Ryan H 3,834]

Moved from IR-1/CR-1 Process & Procedures to Adjustment of Status from Work, Student, & Tourist Visas as it appears the OP will pursue the Adjustment of Status (AOS) process; not the spousal visa process.

**Organizer hat off**

Thank You!

Can you tell me, how the heck I fill out this I-130 form?!? LOL... I am the Canadian, he is the American... I assume the form is filled out by him and I am the "relative"? Do I put my married last name or maiden name on the form?

You are correct, the I-130 is filled out by him, you are the relative. Since you have a married name, put it on the form in the name section. Your maiden name will go under any question that asks about "other names used."

Do I list my name AGAIN at the top of the second page?

Is this the question that asks to list spouse and children of "your relative?" If so, the question is being asked of the petitioner. If the petitioner is filing on behalf of a spouse, the petitioner will list their name there. You are not the petitioner so your name will not go on that question.

[caly 48]

Where do I find the I-94 Arrival/Departure record number?

The I-94 is the white arrival/departure card foreigners fill out on the plane before they arrive in the US. I don't believe Canadians have to fill out an I-94 though. In this case, your answer should be N/A.