IR-1/CR-1 - K-3 - Visitor Visa confusion

[Doncito 1]

Hi all...... My Fiance is here on her Tourist Visa for the next 6 months. We intend to marry on March 30th. I have two questions that are alluding me: 1. The essential difference between a K-3 and an IR-1/CR-1 (by the way what does the IR and CR stand for?) and once we apply for the marriage visa there will likely be a a few months overlap between the time her tourist visa expires and the marriage visa is approved.... 2. Can she renew her tourist visa and return while we are waiting for approval of the marriage visa? Thanks so much...this is quite a maze isn't it?

Doncito

[The Mean Lady 604]

IR/CR is immediate vs conditional.

You will receive a CR which is a conditional 2 year greencard.

K3, no point unless you are at atlanta?

K3s go the same speed so they get closed almost every time.

Visit during process?

Sure, but make sure you include ties to your country with intention to return to it after visit.

Total process typically 8-10months depending on your field office.

[Darnell 8,478]

i think you've gotten it all confused with an adjustment of status casefile type - which (if I read your post correctly) is the thing you are thinking to chase after.

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

If I'm wrong (and on 2nd read I probably am) then as long as she has legal presence in the USA and does not overstay, she can come and go at will on a tourist visa ...You are using the word 'overlap' and I'm thinking of 'gap' instead, where she'd need to be out of the USA.

Edited February 8, 2013 by Darnell

[Doncito 1]

IR/CR is immediate vs conditional.

You will receive a CR which is a conditional 2 year greencard.

K3, no point unless you are at atlanta?

K3s go the same speed so they get closed almost every time.

Visit during process?

Sure, but make sure you include ties to your country with intention to return to it after visit.

Total process typically 8-10months depending on your field office.

Thanks precise and clear!!!

i think you've gotten it all confused with an adjustment of status casefile type - which (if I read your post correctly) is the thing you are thinking to chase after.

Please read http://www.visajourn...tent/i130guide2

If I'm wrong (and on 2nd read I probably am) then as long as she has legal presence in the USA and does not overstay, she can come and go at will on a tourist visa ...You are using the word 'overlap' and I'm thinking of 'gap' instead, where she'd need to be out of the USA.

Thanks. Very helpful !

[Doncito 1]

I thank the people who have responded to my question. I am still a bit confused as regards the following statement from the 'Guide" as to how to file for an I-130 when the spouse is inside the U.S. Here is the quote: If your fiance/fiancee came to the US on a tourist visa with the intent of immigration and marriage, and you are not yet married, then he/she should return to his/her home abroad, and the K-1 visa should be filed (using an I-129f) instead of the I-130 to avoid a denial, deportation, or even being banned from re-entry to the US.

If you are already married, and your spouse came to the US on a tourist visa with the intent of immigration and marriage, then he/she should return to his/her home abroad, and the I-130 (or along with an I-129f for a K-3 Visa) should be filed with the relative outside of the U.S. to avoid denial, deportation, or even being banned from re-entry to the US.

IF anyone can clarify this it would be greatly appreciated. Thank you.

[NikLR 13,227]

You can get married on a tourist visa. What a person CANNOT do is INTEND to come here on a tourist visa, get married and adjust their status.

There are two basic legal ways to get your loved one into the USA legally to stay forever. One is a fiance visa. It requires an I-129f petition, visa application and an interview (along with all the specifics required for that visa path.)Once the fiance(e) is in the USA then you get married and apply to adjust their status within 90 days.

The second way is to get married and get a spousal IR1/CR1 visa. It requires an I-130 petition, visa application and interview with all the specifics required for THAT visa path. Once the spouse arrives in the USA they are automatically granted a green card. They recieve a 2 year conditional green card if you've been married for less than 2 years at point of entry. They receive a 10 year card if it has been 2 or more years.

What is illegal is to come to the USA on a tourist visa or as a tourist, with the intent to be married and adjust status to stay. Because the person would be denied entry into the USA with those intentions that means they would have lied to customs and border officers they would be deported and banned.

A spouse or fiance can visit during either process but it can be more difficult if not impossible depending on the country of origin.

[TBoneTX 44,864]

*** Duplicate thread without replies removed -- questions were reposted within this thread. ***

[Ryan H 3,810]

Moved from Progress Reports to Process & Procedures; topic is not a case status update.