Does I-485 Apply...? Complicated...

[Serpent Dragon ZX 6]

I have been told various times that CR-1 is less hassle, less time, and less money compared to the K-1 route if we are going to get married anyways. But it's a tad bit complicated... When I look for the procedure of filing the I-130 for the CR-1, it says something about accompanying it with form I-485 for Adjustment Of Status... But in some other instances, I hear from some others that they didn't have to file it. I have a theory why, but wanted to make sure.

Applying for K-1, and adjusting status after, is cheaper and less time away from my fiancee since she can be present in the U.S. while waiting to adjust. The K-1 is cheaper then the CR-1.

CR-1 is more expensive then the K-1, and takes a little longer, and the whole process my fiancee will be stuck in Thailand until approved. Not to mention, according to USCIS, adjusting status is required anyways.

I don't see any benefit.

But there are some variables in this... She is in the U.S. now with me. She has a J-1 that she is in a program right now, but it expires end of June. She is required to return home to finish, but can return any time after. Staying, and adjusting status is not an option. We already went over this with her program contact to avoid fines and fees cause staying would break her intern contract, and she has to return anyways to take care of some things. BUT... We were planning on the K-1. Applying now while in the U.S. to get a head start on the process. So by the time she returns home, some months into the process have already passed. But looking into the CR-1, some people say the eventual I-485 is not needed... I don't get it. I see that if you have NO visa status, back home in your home country, then the I-485 to ADJUST status seems like it's void, and not needed since there is no status to adjust from... Correct? If we apply for CR-1 after we get married, but she returns to Thailand in a few months... Is that I-485 form needed still, or not? She would not have her J-1 status any longer, and be back home anyways in a few months, however, at this time of when she would be filing, she DOES have a J-1 with 2 HRR. But we wanted to get a head start on the CR-1 now if possible. I know this seems complicated, but I'm looking for the simple answer of if we need the AOS form.

If it helps, we are also going to be applying for a waiver. We heard the waiver has a better chance of getting passed if we are married. But "intent" (K-1) is not a good reason. We have spent nearly $5,500 clearing government debts for schooling, and plane tickets. If we can cut the AOS form out, that would be very helpful. Also, can we apply the I-130 now, and then the I-485 if we have to later since I don't have the extra $1,000 for the form I-485 quite yet? I understand this will get a lot of people scratching their heads, but we have required forms, and copies for both routes, including the waiver, and are prepared to do either one. We even have a marriage license, and are willing to get married now, since we planned on a traditional wedding later anyways with her family. We are just confused on which route to take. Thanks in advance for any info you guys can give me on this, since I can't find anything on this particular situation. We don't have the time, patience, or money for a lawyer now... Plus, we can swipe a pen on our own.

[Kevin & Laura 1]

The I-485 should only be needed with the CR1 if the beneficiary is already in the USA under another temporary visa type.

When I added up all the costs for the CR1 versus the K-1, the CR-1 was less costly ($1,693 for CR-1 versus $2,308 for K-1). The largest difference in the total cost is the cost of the adjustment of status with the K-1 ($1,070) versus the 2 year removal of conditions with the CR-1 ($590). Also, the $590 removal of conditions with the CR-1 is paid 18 months down the road, so your first year cost with CR1 is much lower ($1,103 for CR-1 versus $2,308 with K-1).

As far as being together, for both K-1 or CR1, your significant other is supposed to wait in the other country until the visa is approved. Visiting the USA with exisiting visitor visa is okay as long as they can prove to the agent at port of entry their ties to their home country and that they are going back home.

You should looka t the times it is taking for K-1 visas. When I took an average time from this website for K-1 versus CR-1, both averaged 9 months. I wouldn't be surprised if the K-1 is slower now with the problems I've seen mentioned on this web-site with the service centers. I think the CR1 seemed to be a more simple option, and a good thing for us was that the CR1 allowed her to work almost immediately after arrival in the USA. This was important to us because she is transferring within our company and we wanted her to be able to work immediately. Any way, good luck with your decision.

Edited April 15, 2013 by Kevin & Laura

[Serpent Dragon ZX 6]

That's the confusing part. I understand you about being under another temporary visa type... The time of submitting, and what she will have after submitting are different. She has J-1 NOW, but in about 3 months, she will have no visa. She will be in Thailand waiting to come back on either a K-1, or CR-1, which ever we decide on the best route. Costs down the road are nothing. I just wanted to see if I could avoid the big one now. I can afford the CR-1, and waiver right now, just not the I-485 also at the same time. Not for another month or 2 anyways. And to top if off, I read somewhere on the USCIS site that they cash the checks first, and mainly the money is for processing. I rather not send $1,000 to them to process something, only to find out it was not needed.

Edited April 15, 2013 by Serpent Dragon ZX

[Harpa Timsah 13,258]

CR-1 and I-485 do NOT go together.

If you marry now and file I-130 by itself, she will go home and get interviewed at the embassy, just like a K-1. But she will get an immigrant visa with the I-130 path, and become a legal permanent resident upon her entry to the US with her CR-1 visa. You will never file I-485 that way.

Have you looked at the guides section up top?

Edited April 15, 2013 by Harpa Timsah

[Kevin & Laura 1]

CR-1 and I-485 do NOT go together.

If you marry now and file I-130 by itself, she will go home and get interviewed at the embassy, just like a K-1. But she will get an immigrant visa with the I-130 path, and become a legal permanent resident upon her entry to the US with her CR-1 visa. You will never file I-485 that way.

Have you looked at the guides section up top?

If you get married and you get a waiver long enough for her to stay here through the entire CR1 process on her current visa , then the I-130 with I-485 adjustment of status will both be required and both fees paid up front.

http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=32d80a5659083210VgnVCM100000082ca60aRCRD&vgnextchannel=32d80a5659083210VgnVCM100000082ca60aRCRD

If you go for the I-130/CR-1 and she goes home and waits, the I-485 will not be required at all.

For the K-1, the I-485 fee is not paid until after she gets back to the USA and you guys are married. After getting married, you send the I-485 and fee..

Edited April 15, 2013 by Kevin & Laura

[Harpa Timsah 13,258]

If you get married and you get a waiver long enough for her to stay here through the entire CR1 process on her current visa , then the I-130 with I-485 adjustment of status will both be required and both fees paid up front.

http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=32d80a5659083210VgnVCM100000082ca60aRCRD&vgnextchannel=32d80a5659083210VgnVCM100000082ca60aRCRD

Filing a concurrent I-130/I-485 package for adjustment in country is not a "CR1 process" in any way. it is concurrent filing adjustment of status - a whole different animal. The OP said he doesn't want to do that anyway.

[NikLR 13,227]

Also K1 visa holder will also have to remove conditions. They are still only granted a 2 year conditional green card. You do not automatically get the 10 year green card unless your go through the IR1/CR1 process and have been married over 2 years at POE.

[Serpent Dragon ZX 6]

Again, mixed answers. Even with guides, I get different answers. I KNOW you can file the I-130 first, and then wait for USCIS to contact you about further steps, such as requiring a I-485, or atleast that's what it says on the website. And even then, the simple answer is that they can be filed separately. I must have not picked that up the correct info about the requirement of it in the guides about needing the I-485 or not. There is a lot of ground to cover about many issues on here, and missing some info is bound to happen. I have been searching for any, and every answer I could think of for weeks now. I am glad I finally registered and just came out and asked. You guys have saved me so much trouble, and cleared so much confusion up. And thanks again Harpa. I also want to thank Miimo. HUGE help! Thank you!

[Harpa Timsah 13,258]

Again, mixed answers. Even with guides, I get different answers. I KNOW you can file the I-130 first, and then wait for USCIS to contact you about further steps, such as requiring a I-485, or atleast that's what it says on the website. And even then, the simple answer is that they can be filed separately. I must have not picked that up the correct info about the requirement of it in the guides about needing the I-485 or not. There is a lot of ground to cover about many issues on here, and missing some info is bound to happen. I have been searching for any, and every answer I could think of for weeks now. I am glad I finally registered and just came out and asked. You guys have saved me so much trouble, and cleared so much confusion up. And thanks again Harpa. I also want to thank Miimo. HUGE help! Thank you!

These are not mixed answers it's just that you do not understand the processes. That's okay, because it is complicated, but all the info is there to be understood.

A CR-1 visa path NEVER has a I-485. Never, no way, no how. Not in the slightest.

You have all 3 options available to you at the moment, so you might be on sensory overload.

Option 1: CR-1 visa. You marry now, she goes home, and you follow this path. Costs about $1000, never I-485. She returns with a spousal visa that triggers her Permanent Resident status upon entry.

Option 2: K-1 visa. You do not marry now, she goes home, she gets visa and comes back. While in your US you marry and file an Adjustment of Status from K-1 package to make her a Permanent Resident and that package includes i-485. Total cost $1700 ish?

Option 3: Concurrent Adjustment of Status package directly from J-1 visa. You marry and she does not go home and you file a concurrent I-130/I-485 package as the spouse of a USC. You said you don't want this, so ignore it. Costs $1600ish. Goes straight from J-1 to Permanent Resident, no visa obtained.

There are lots of visa paths, lots of situations, and you are mixing them all up.

This is the spousal visa guide: http://www.visajourney.com/content/i130guide1

Edited April 15, 2013 by Harpa Timsah

[VanessaTony 3,567]

Again, mixed answers. Even with guides, I get different answers. I KNOW you can file the I-130 first, and then wait for USCIS to contact you about further steps, such as requiring a I-485, or atleast that's what it says on the website. And even then, the simple answer is that they can be filed separately. I must have not picked that up the correct info about the requirement of it in the guides about needing the I-485 or not. There is a lot of ground to cover about many issues on here, and missing some info is bound to happen. I have been searching for any, and every answer I could think of for weeks now. I am glad I finally registered and just came out and asked. You guys have saved me so much trouble, and cleared so much confusion up. And thanks again Harpa. I also want to thank Miimo. HUGE help! Thank you!

Given your situation (that she must leave the country) you have 2 visa options K-1 and CR-1. To compare:

- With both you can file now because you're together, just for the CR-1 you would need to get married first (court house is fine and a bigger wedding later if you want to)

- The prices someone wrote above are wrong. The current fee for K1 up until getting the GC (so including AOS) is $1650 (that does not include the medical or police check or any fees her country will charge). The current fee for CR-1 is $903 (also not including the medical and any other miscellaneous fees).

- After entry to the US on the K1, she cannot work until she has her EAD, and she cannot leave the country (if she wishes to return) until she has AP. Those documents are filed WITH the I-485 (AOS) and take 2-3 months from the time of filing to be approved. The GC is taking much longer than it used to 6-9 months from filing (only after it is approved does her ROC and citizenship clock start).

- After entry to the US on the CR-1, she has a GC stamp in her passport. she can work, get a license, leave and re-enter. No waiting.

I personally went the K1 route because we weren't ready to get married in a rush when we were together prior to filing, and because we didn't want to live apart from each other after marriage (we wanted it to be married and live together). Yes it's more of a pain, but at that time the waiting wasn't so long.

Either way if you file now your time apart will be much less. Good luck with your decision.

[Ryan H 3,812]

Also K1 visa holder will also have to remove conditions. They are still only granted a 2 year conditional green card. You do not automatically get the 10 year green card unless your go through the IR1/CR1 process and have been married over 2 years at POE.

You left out an important piece of information and that is CR-1 visa holders who enter the US having been married less than two years will also have to remove conditions.

Additionally, it's greater than or equal to 2 years at POE for IR one status.

[Ryan H 3,812]

- After entry to the US on the CR-1, she has a GC stamp in her passport.

Actually, it's the visa itself that is endorsed with a CBP entry stamp that acts as the temporary green card. CBP is no longer placing special stamps in passports of immigrant visa holders.

[VanessaTony 3,567]

Actually, it's the visa itself that is endorsed with a CBP entry stamp that acts as the temporary green card. CBP is no longer placing special stamps in passports of immigrant visa holders.

Either way they get legal permanent resident status on entry and their proof of such is a stamp in their passport until the GC arrives about a month or so after entry.

[NikLR 13,227]

You left out an important piece of information and that is CR-1 visa holders who enter the US having been married less than two years will also have to remove conditions.

Additionally, it's greater than or equal to 2 years at POE for IR one status.

I thought the way I explained it said that. I'll be more clear in the future. Thanks :-)