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Posted

Okay I-130 is a petition.

CR1 is a visa.

The petition from the USC spouse allows you, the beneficiary/foreign spouse, for the right to apply for a visa.

Don't worry about removing conditions right now either.

You cannot do the I-485. You cannot adjust status. That is only available to people who are not intending to immigrate to the USA; people who decide, while inside the USA, that they'd like to stay there with their spouse. To do anything else is fraud as you would have to lie to the CBP to get into the USA. The CBP (US Customs) will not allow you into the USA if they feel you are trying to immigrate without going in the proper route.

Read the link I provided for you.

  • I-130 petition sent to USCIS
    • RFE (request for evidence) if more evidence needed
  • If approved it is sent to the National Visa Center (NVC)
  • Case numbers are gotten from the NVC
  • Send DS-261 which starts the Immigrant Visa path (IV path)
  • Pay $230 IV fee and send DS-260 (essentially IV application) and documentation
  • NVC recieves everything and lets you know if it's all there
    • (checklist if something is incorrect/needed)
  • case complete by NVC
  • NVC books interview (Montreal is the only place in Canada that does immigrant visa interviews.)
  • Book/have medical after interview is booked
  • Have interview
  • Get visa
  • Move to USA!

You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

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

I am afraid this has just confused me more, once I file the CR-1 (I-130) I then decide either the K-3 route, or the I-485?

Also, if I file the (I-130) and our second anniversary passes before I receive my card I automatically receive IR-1?

Thanks

I suggest asking an attorney. Many give free first time consultations.

There is a lot of conflicting information given by other members so if you have feel any confusion or have any doubts, ask an attorney.

OR, follow NLR's advice. Crystal clear

NOA1 received: July 30, 2013

Transferred: Jan 22, 2014 (time from NOA1 to Transfer: 5 months 3 weeks 2 days)

Touched: Jan 24, 2014 at 6:35 PM

Alien reg. # changed: Jan 27, 2014 at 10:50 PM

Filed for expedite: Feb 5, 2014

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Filed: Timeline
Posted

Okay, I really think I have got it now .. ONE more question. Every case has an interview, ALWAYS in Montreal for Canadians? Can I do the interview somewhere else, or I must fly to Montreal?

Thank you again, SO helpful!

AOS Application

**Filed separately from I-130 along with copy of I-797 Approval Notice**

02/09/2015 - AOS packet sent via Express mail ( I-485, I-131, I-765)
02/19/2015- Delivered to USCIS Chicago

02/19/2015- Check cashed

02/20/2015 - Received USCIS Acceptance Confirmation emails for all

02/27/2015- NOA1 Hard copies received by mail

03/02/2015- Letter with Bio Metrics appt received

03/06/2015- Successful walk in Bio Metrics (Scheduled date was 03/10/2015)

03/09/2015- Online status changed to show RFE for I-485

03/13/2015- RFE received in mail

03/23/2015- Sent RFE back to USCIS

03/26/2015- USCIS website updated to 'RFE received'

04/07/2015- Online status: 'Ready to schedule interview'

04/27/2015- Called USCIS in hopes to speed up EAD, was told to wait until day 75

04/28/2015- Emails received EAD card is in production! (Day 70)

05/07/2015- EAD combo card received in mail

07/28/2015- AOS Interview

08/28/2015- Online status changed to Card in Production!!

Filed: Timeline
Posted

Nevermind, I got this one on my own!

AOS Application

**Filed separately from I-130 along with copy of I-797 Approval Notice**

02/09/2015 - AOS packet sent via Express mail ( I-485, I-131, I-765)
02/19/2015- Delivered to USCIS Chicago

02/19/2015- Check cashed

02/20/2015 - Received USCIS Acceptance Confirmation emails for all

02/27/2015- NOA1 Hard copies received by mail

03/02/2015- Letter with Bio Metrics appt received

03/06/2015- Successful walk in Bio Metrics (Scheduled date was 03/10/2015)

03/09/2015- Online status changed to show RFE for I-485

03/13/2015- RFE received in mail

03/23/2015- Sent RFE back to USCIS

03/26/2015- USCIS website updated to 'RFE received'

04/07/2015- Online status: 'Ready to schedule interview'

04/27/2015- Called USCIS in hopes to speed up EAD, was told to wait until day 75

04/28/2015- Emails received EAD card is in production! (Day 70)

05/07/2015- EAD combo card received in mail

07/28/2015- AOS Interview

08/28/2015- Online status changed to Card in Production!!

Filed: K-1 Visa Country: Philippines
Timeline
Posted

It would seem to me that you did very, very little research before marrying in Canada. IF you had gotten a K-1 visa, (about 6 months) and came to the US, you would have gotten married here, now YOU are stuck with an I-130, and some take more than 1-2 years, your visiting situation, I am not sure about, as Canada is different than the Philippines, but in general terms, you have caused you and your spouse, a more than 2-3 times more of a wait, by marrying in Canada, instead of here in the US.

Why in the world people get married, just for "family, and tradition" over getting to the US, and filing a K-1 (6 months, maybe less) and then going back to their home country, and doing a service for the family and tradition..,.,.,.,it comes down to ""WHAT YOU WANT"" to get to the USA in a few months, or get here in a few years!!! To some people, family, and tradition, warrant that, but to me, you can always go back, and have another service after, you get here, and married under a K-1 visa..,.,..,., YOU, have a long, painful wait, because, you did not explore your options!

Filed: Citizen (apr) Country: Ireland
Timeline
Posted

Raven you are completely incorrect with your times. The CR-1 is cheaper, allows for travel and work right away when in the USA, and is usually only a few weeks, maybe a couple of months longer than the K1.

Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

mod penguin.jpg

Posted (edited)

It would seem to me that you did very, very little research before marrying in Canada. IF you had gotten a K-1 visa, (about 6 months) and came to the US, you would have gotten married here, now YOU are stuck with an I-130, and some take more than 1-2 years, your visiting situation, I am not sure about, as Canada is different than the Philippines, but in general terms, you have caused you and your spouse, a more than 2-3 times more of a wait, by marrying in Canada, instead of here in the US.

Why in the world people get married, just for "family, and tradition" over getting to the US, and filing a K-1 (6 months, maybe less) and then going back to their home country, and doing a service for the family and tradition..,.,.,.,it comes down to ""WHAT YOU WANT"" to get to the USA in a few months, or get here in a few years!!! To some people, family, and tradition, warrant that, but to me, you can always go back, and have another service after, you get here, and married under a K-1 visa..,.,..,., YOU, have a long, painful wait, because, you did not explore your options!

I think you did very little research into other processes.

My CR1 journey took 8 months from start to finish, 9 months exactly to the date I received my green card. We purposely chose the CR1 because the wait time was about the same when we filed plus I was able to travel and work immediately and we didn't have to pay any more fees once I got here. He didn't care about his family being there for the wedding as it was his second one but honestly, I cared about mine being there so we had our wedding, as it will be my ONLY one, where it was easier for them as well.

There are CR1 who filed after I did that were in the USA months before me. Sometimes K1 will take a year or more, and othertimes the CR1/IR1 takes longer. if you happen to get in when it's fast, that's awesome, if not, well c'est la vie.

BTW you'll have to wait at least 3 months after you file the AOS to go back and have the other service because you can't travel until then as long as you remember to file for the Advance Parole.

Total cost of K1: $1635 (plus travel, medical and documents)

Total cost of CR1/IR1: $903 (plus travel, medical and documents)

Edited by NLR

You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

Posted

I suggest asking an attorney. Many give free first time consultations.

There is a lot of conflicting information given by other members so if you have feel any confusion or have any doubts, ask an attorney.

OR, follow NLR's advice. Crystal clear

Aw thanks :D

You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

Filed: Timeline
Posted

It would seem to me that you did very, very little research before marrying in Canada. IF you had gotten a K-1 visa, (about 6 months) and came to the US, you would have gotten married here, now YOU are stuck with an I-130, and some take more than 1-2 years, your visiting situation, I am not sure about, as Canada is different than the Philippines, but in general terms, you have caused you and your spouse, a more than 2-3 times more of a wait, by marrying in Canada, instead of here in the US.

Why in the world people get married, just for "family, and tradition" over getting to the US, and filing a K-1 (6 months, maybe less) and then going back to their home country, and doing a service for the family and tradition..,.,.,.,it comes down to ""WHAT YOU WANT"" to get to the USA in a few months, or get here in a few years!!! To some people, family, and tradition, warrant that, but to me, you can always go back, and have another service after, you get here, and married under a K-1 visa..,.,..,., YOU, have a long, painful wait, because, you did not explore your options!

It seems you are wrong on not only your timing and also your judgement on me and my families decisions. My husband and I married in Canada WITHOUT our family and friends, although my parents were there as witnesses they were the only "guests". We are planning our reception for family and friends this February so we can all celebrate.

The reason we married in Canada was because (at the time) it made more sense for us to have my husband file for permanent residence into Canada instead. Not because I have failed to do my research. Our situation has altered slightly and it now makes more sense for us to apply for a green card.

I have done my research and am rather offended you decided you needed to vent on my forum and blame me for having to wait to live with my husband, I like to think that our situation is very unique and also would like to rub it in a little that we are currently together living in Mexico so we do not have to be apart, so please don't come at me on these forums where I am solely trying to seek advice and ask questions. I do not see the point in you blaming me for not doing my research, when in reality our plans changed and we are adjusting to them.

Everyone so far (besides you) have been MORE than kind and helpful, and I would appreciate it if you would take your negativity somewhere else. Instead of telling me that I am going to have a long and painful wait maybe offer us good luck and well wishes. But hey, that's just me.

Thank you NLR and Penguin for the excellent advice and support!

AOS Application

**Filed separately from I-130 along with copy of I-797 Approval Notice**

02/09/2015 - AOS packet sent via Express mail ( I-485, I-131, I-765)
02/19/2015- Delivered to USCIS Chicago

02/19/2015- Check cashed

02/20/2015 - Received USCIS Acceptance Confirmation emails for all

02/27/2015- NOA1 Hard copies received by mail

03/02/2015- Letter with Bio Metrics appt received

03/06/2015- Successful walk in Bio Metrics (Scheduled date was 03/10/2015)

03/09/2015- Online status changed to show RFE for I-485

03/13/2015- RFE received in mail

03/23/2015- Sent RFE back to USCIS

03/26/2015- USCIS website updated to 'RFE received'

04/07/2015- Online status: 'Ready to schedule interview'

04/27/2015- Called USCIS in hopes to speed up EAD, was told to wait until day 75

04/28/2015- Emails received EAD card is in production! (Day 70)

05/07/2015- EAD combo card received in mail

07/28/2015- AOS Interview

08/28/2015- Online status changed to Card in Production!!

 
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