IR-1/CR-1 filing process? How to begin

[krysta.ande 0]

My husband and I were married a little more than a month ago in the US. He enetered the country legally on a tourist visa, and we originally planned to file the I-130 and the AOS I-485 so he would not have to leave, however it is now looking like he will need ot return to Norway for work. The IR-1/CR-1 may be a better option for us if I understand it correctly. If I file the I-130 and we apply for a IR-1/CR-1 visa, then he will become a permanent resident upon re-entry to the US (correct?). The drawback is that he will not be able to re-enter the US until that is approved, even if he has a B1/B2 tourist visa (and a Cd1 work visa if he happens to find employment here). And the processing time is 7-11 months? If we chose to puruse this route, how would I file for the IR-1/CR-1 Visa? Is there a seperate form? Does the avvidavit package come later or do I need to file that at the same time?

Thanks,

Krysta

[christeen 966]

First, read the guide for CR1 and familiarize yourself ith e process and steps.. For visiting, you can enter the USA as a tourist while the cr1 is in process, but you cannot overstay the visa (or VWP) Amd you will have to provide enough proof (ties to home country) to convince them that they will return (job, house, family etc...) filing for AOS is off the table now as you have immigrant intent.... Now for the working and C1/D ... Is he a crew member currently? There are seperate things that apply to this visa catagory...

[krysta.ande 0]

Thank you,

I did read through the "where to begin" and looked through the K3 and CR-1 Visas, and the board with general guidelines and clicked through the link and saw the I-129F form, but it only had the option for the K3. Maybe I am just confused at which form I need to fill our for the CR-1? He is still here legally on the tourist visa until june, and speaking with UCIS, we can still file the AOS and he can over stay the tourist visa, but he would not be allowed to leave the country until we got an approved travel document (I-131 ~3 months). He recently became unemployed, and work has been thin for myself as a contractor, and he believes he will be able to find work in Norway over the summer, so financially speaking, we thought maybe we should wait to file the AOS I-485 and instead file the I-130, and apply for the IR-1/CR-1 Visa so he can go back to Norway to work. He is not currently a crew member. He has the CD1 that is still valid until 2017 that he obtained prior to us meeting for a contract on a seismic ship in the US.

We are just weighing the options to see what is best for us financially and that we don't have to be seperated more than necessary. He still hasn't left from his tourist visa and is here legally and the AOS can still be filed now, but we risk running out of money until the travel document is approved. So The other consideration was for him to leave to go find work in Norway, and try to file via the CR-1 route, but trying to see if we can visit (depending upon restrictions with the other visas during processing times, financial reasons and my job) for the 7 + months it may take to get everything approved.

[christeen 966]

Well... That is the consideration you need to make... If you file AOS now... It is about 90 days before he can work (AP/EAD). Or if he leaves and files CR1 it will take about 12 months, he MAY be able to visit duri g the wait but will have to have substantial ties to prove he will return... And living seperate for that long will probably be more expensive in the long run IMO...

You do understand the expense of filing for these visas... It is about $2000 when all is said and done...

It is a decision you have to make, but if you want my opinion, I would AOS, stay together then try to find work when he gets authorization (by August) ...