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dancergloria

Replacing lost green card and want to apply for fiance or CR-1 visa

By dancergloria in Bringing Family Members of Permanent Residents to America

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dancergloria Newbie

dancergloria   0

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

Hello everyone! I have a very complicated situation that I badly need advice. Here is my situation:

I met my fiance 5 months ago nearly a week after I applied for a Green Card renewal (it was expiring)...and after meeting and falling in love, we are trying to figure out the best way of being together. The problem is that I am still waiting for my green card renewal (like I mentioned...it's already been 5 months with no change of status on the USCIS website). So now, we have been doing all sorts of research on here and other websites, and it seems that would be the best thing to do is for me to apply for citizenship once my green card renewal goes through, and then either apply for a Fiance visa, or for us to marry abroad and come back and apply for a CR-1 visa...but we're worried about the length of time!! Depending on when my green card gets approved, it will take an additional 3-6 months for citizenship....and then it seems to be taking 7-10 months for CR-1...AHHHHH!!!!!!!!!

The reason the CR-1 appeals to us is because while my taxes show that my income qualifies for the sponsor financial support amount, I am actual a double program graduate student with very little 'spare' income...and he is in a similar situation in Norway, and so we have been trying to find the way to be together that would be the most cost efficient overall....AND allow him to work as soon as possible when he arrives.

My questions are this:

1. Should I wait to apply for his visa (either fiance or cr-1) until after I obtain my U.S. citizenship?? Would it be easier/faster??

2. What is the most cost efficient method in the long run? I want him here as soon as possible, but we don't want to start our lives in the negative for it to happen. Any advice?

Thank you!!

aaron2020 Grand Master

aaron2020   11,651

Posted
Filed: Country: Vietnam (no flag)
 Timeline
Posted

As an LPR, you can not file for a fiancé. You can file for a spouse and that will take 2-3 years.

The fastest way is to bring him to the US is to be a US citizen.

The cheapest way is an IR-1 visa.

The plan in order; get marry, file as an LPR, get US citizenship, and upgrade petition for a USC to petition a spouse.

Quickest and cheapest immigration route.

dhlunar Collaborator

dhlunar   25

Posted
Filed: IR-5 Timeline
Posted (edited)

As long as you are a LPR you are not eligible to petition someone for a CR-1 visa since it is a "Conditional Resident who is a Spouse of a US Citizen."

As the prior poster recommended get married, file for LPR sponsoring foreign spouse, get US Citizenship, upgrade your petition to US Citizen sponsoring foreign spouse. There is only a certain number number of visas for spouses of LPR, compared to unlimited visas for spouses of US Citizens.

Another option that you have is apply for US Citizenship, get US Citizenship, Petition for a fiance K-1 visa, finance comes here, get marry, then they adjust status here in the US.

BTW, if they only thing holding you up from filling your N-400 right now is lack of the actual card... the instructions of the N-400 (Page 9 of 13) states you can submit a copy of the receipt of filling the I-90 for the replacement of the lost card instead of submitting a copy of the actual card. I am confused did you file because the was expiring or did you lost the card? If it was expiring then, don't know if they still do this, but they usually give you something at ASC (fingerprints and photo) in order to extend your card till you get the new one. If it is expired you might want to include a copy of the the I-90 receipt to renew it and a copy of your current card with your N-400 application.

Edited by dhlunar

Here is the information regarding the cases for my in-laws (wife, their daughter, is the petitioner under the IR-5 category, Parents of a USC):

Submit I-130 (2 petitions) to USCIS on May 30, 2013

USCIS approved the cases on March 10, 2014.

Received notice online from USCIS the cases were sent to NVC on March 17, 2014.

NVC received the cases on March 28, 2014

The case numbers were created on Monday, April 28.

We received the numbers by phone on Friday, May 2.

DS-261 became available on both cases late in the evening on Friday, May 2. Both DS-261 filed on Saturday, May 3.

Received emails to my wife regarding AOS at around 8am on Wednesday, May 7. At the same time received emails that were cc of letters sent to my in-laws. However, the date of all of the letters was Monday, May 5.

Received emails regarding the Immigrant Visa Fee at around 11:15am on Wednesday, May 7. IV fees became available online at around 1pm on Wednesday, May 7. Date of invoice was Tuesday, May 8.

Paid all the fees on Wednesday, May 7 at around 1:15pm.

All fees marked as paid and DS-260 become available sometime late on Friday, May 9.

Dropped off IV and AOS packages (in two different envelopes - 1 for AOS and 1 for IV documents) at the local post office at around 2pm on Saturday, May 10.

Submitted DS-260 (for both cases) around 10am on Sunday, May 11.

Both document packages received by NVC on Monday, May 12 (according to Post Office Tracking - one around 1pm and the other around 4pm. Don't know why they got separated.)

Received checklist email for both cases at 4pm on Thursday, June 12 regarding the IV civil documents

Wife called NVC in the afternoon of Friday, June 13 to inquire about the checklist. Told by a representative they are normal and automatic and not to worry. AOS under review. Call back after Tuesday, June 24.
Received a checklist for my father-in-law on Monday, June 16. NVC reviewed his AOS paperwork, but waiting for the documents the requested the week before.

Wife called NVC in the morning of Tuesday, June 17. Told by the agent they don't have the document requested for dad, and they don't have the AOS package for her mom.

Put in a request with our Senator to get more information. Response was mother-in-law is documentary complete and father-in-law was in document review for the military document.

Wife called NVC on the morning of Tuesday, July 1 and spoke with a supervisor regarding her dad's military document. Supervisor said she would look into it.

Supervisor called us and left a voicemail on the morning of Wednesday, July 9 and stated they have located my father-in-law's military documents. Case sent back to document review.

Per conversation with an agent, the expedited request originally requested by email on July 7, was sent to the Embassy on Thursday, July 10.

Received by postal mail on Thursday, August 21 from our Senator regarding the response of another inquiry. Still the same.

Early in the morning on Friday, August 22:

Wife calls the Embassy and was told the IV section doesn't accept calls, and was given a number in the states that turned out to be scheduling assistance for NIV interviews.

Called NVC as soon as they opened and was told the Embassy denied the expedite request, but the case was completed by NVC on Monday, August 18. Wife inquired about interview scheduling, and was given some good information.

At 5 PM on Thursday, September 11, received the interview letters. Interview is scheduled for the morning of October 9.

Mother-in-law approved. Father-in-law placed in Administrative Processing due to follow-up TB test.

CEAC stated ISSUED for my mother-in-law on October 15. DHL had the package for pick up on October 17 but called the wrong number. Package picked up on October 27.

On December 11 mother-in-law received a phone call from the Embassy that the medical is back for my father-in-law and to DHL his passport to them. Passport sent on December 12.

On December 18 CEAC updated to ISSUED for my father-in-law. My wife is happy!!!! Embassy said they gave it to DHL on December 19

Due to a DHL delay the package did not become available for pick up until December 24. USCIS Immigrant Fee paid the same day.

POE: JFK Terminal 1 - December 26, 2014 - They are finally here!!!

Took them to a local SSA office to get SSN on January 6, 2015. Cards received on January 10, 2015.

Green Cards received by priority mail on January 23, 2015 (four weeks after arrival).

Both went to motor vehicles and got state issued ID cards on April 11, 2015.

Ms Hogan Proficient

Ms Hogan   295

Posted
Filed: Citizen (apr) Country: Canada
 Timeline
Posted

As long as you are a LPR you are not eligible to petition someone for a CR-1 visa since it is a "Conditional Resident who is a Spouse of a US Citizen."

As the prior poster recommended get married, file for LPR sponsoring foreign spouse, get US Citizenship, upgrade your petition to US Citizen sponsoring foreign spouse. There is only a certain number number of visas for spouses of LPR, compared to unlimited visas for spouses of US Citizens.

Another option that you have is apply for US Citizenship, get US Citizenship, Petition for a fiance K-1 visa, finance comes here, get marry, then they adjust status here in the US.

BTW, if they only thing holding you up from filling your N-400 right now is lack of the actual card... the instructions of the N-400 (Page 9 of 13) states you can submit a copy of the receipt of filling the I-90 for the replacement of the lost card instead of submitting a copy of the actual card. I am confused did you file because the was expiring or did you lost the card? If it was expiring then, don't know if they still do this, but they usually give you something at ASC (fingerprints and photo) in order to extend your card till you get the new one. If it is expired you might want to include a copy of the the I-90 receipt to renew it and a copy of your current card with your N-400 application.

THIS WORDING IS VERY CONFUSING... the OP is a green card holder who is therefore eligible to petition for their spouse... which is pretty much what you say in the opening of your second sentence.

http://www.uscis.gov/family/family-green-card-holders-permanent-residents

USCIS - 40 DAYS
2012-10-30: FedEx delivered I-130 to Chicago Lockbox Mail Room
2012-11-01: NOA1 by email - MSC
2012-11-02: $420 (x3) debited from our account
2012-11-05: NOA1 hard copies received, Priority Date 2012-10-30
2012-12-11: NOA2

NVC - 26 DAYS
2013-01-02: Rec'd case#, IIN, BIN & OPTIN emails for EP sent
2013-01-03: Submitted DS-261 (x3)
2013-01-07: AOS bills invoiced and paid & OPTIN for EP accepted for each of us
2013-01-08: AOS bills appear as paid & AOS packages sent by email
2013-01-08: IV bill invoiced & paid (kids' only)
2013-01-09: IV bill appears as paid (kids' only)
2013-01-09: IV Package emailed & DS-260 submitted online (kids only)
2013-01-11: AOS received -notified by email
2013-01-11: IV bill invoiced & paid (for me)
2013-01-14: IV bill appears as paid (for me)
2013-01-14: IV Supporting Docs received for kids - notified by email
2013-01-14: IV Package emailed & DS-260 submitted online (me only)
2013-01-18: IV Supporting Docs received for me - notified by email
2013-01-18: Son#1 CASE COMPLETE - Son#2 checklist - saying $ on I-864 don't match tax return (but they do)-resubmitted
2013-01-23: AOS 2nd submission for Son #2 received - notified by email
2013-01-25: My CASE COMPLETE
2013-01-28: ALL 3 OF OUR CASES ARE NOW COMPLETE
2013-02-06: Packet 4 Received by email

MEDICAL ~ CONSULATE ~ POE REMOVAL OF CONDITIONS - 160 DAYS NATURALIZATION
2013-02-13: Medicals 2014-12-17: Delivered to California Lockbox 2015-12-15: Delivered to Phoenix Lockbox
2013-03-06: Interview 2014-12-19: 1 I-751 + 3 Biometrics Fees debited from our account 2015-12-16: Fees charged to Credit Card
2013-03-08: Visas in-hand 2014-12-22: Received NOA1 by mail. Receipt Date: 2014-12-17 2015-12-17: NOA
2013-03-12: Paid USCIS Immigrant Fee 2014-12-24: Received Biometrics Appointment Letter 2016-01-02: Biometrics Letter 2016-01-11: Biometrics
2013-03-14: POE 2015-01-06: Biometrics 2016-02-15: In Line for Interview 2016-02-19: Letter
2013-03-25: SSNs arrived 2015-05-27: Approved 2016-03-22: Interview
2013-04-01: Green Cards arrived 2015-06-03: New Green Cards arrived 2016-04-15: Oath Ceremony

dhlunar Collaborator

dhlunar   25

Posted
Filed: IR-5 Timeline
Posted (edited)

THIS WORDING IS VERY CONFUSING... the OP is a green card holder who is therefore eligible to petition for their spouse... which is pretty much what you say in the opening of your second sentence.

http://www.uscis.gov/family/family-green-card-holders-permanent-residents

Sorry for confusing. However, I do understand that the OP is a green card holder and was interested in the CR-1 visa which LPR are not able to petition their spouses for. As a current LPR the OP could petition their spouse, but it would not be a CR-1 visa and since a Spouse of a LPR is not in a category where there is unlimited visas there would be a wait.

What I was confused about was if the OP lost their current GC or is renewing an expiring GC? I attempted to explain they could still submit their N-400 at this time, if they are eligible, without having to wait for the replacement card to be approved and come in the mail.

Edited by dhlunar

Here is the information regarding the cases for my in-laws (wife, their daughter, is the petitioner under the IR-5 category, Parents of a USC):

Submit I-130 (2 petitions) to USCIS on May 30, 2013

USCIS approved the cases on March 10, 2014.

Received notice online from USCIS the cases were sent to NVC on March 17, 2014.

NVC received the cases on March 28, 2014

The case numbers were created on Monday, April 28.

We received the numbers by phone on Friday, May 2.

DS-261 became available on both cases late in the evening on Friday, May 2. Both DS-261 filed on Saturday, May 3.

Received emails to my wife regarding AOS at around 8am on Wednesday, May 7. At the same time received emails that were cc of letters sent to my in-laws. However, the date of all of the letters was Monday, May 5.

Received emails regarding the Immigrant Visa Fee at around 11:15am on Wednesday, May 7. IV fees became available online at around 1pm on Wednesday, May 7. Date of invoice was Tuesday, May 8.

Paid all the fees on Wednesday, May 7 at around 1:15pm.

All fees marked as paid and DS-260 become available sometime late on Friday, May 9.

Dropped off IV and AOS packages (in two different envelopes - 1 for AOS and 1 for IV documents) at the local post office at around 2pm on Saturday, May 10.

Submitted DS-260 (for both cases) around 10am on Sunday, May 11.

Both document packages received by NVC on Monday, May 12 (according to Post Office Tracking - one around 1pm and the other around 4pm. Don't know why they got separated.)

Received checklist email for both cases at 4pm on Thursday, June 12 regarding the IV civil documents

Wife called NVC in the afternoon of Friday, June 13 to inquire about the checklist. Told by a representative they are normal and automatic and not to worry. AOS under review. Call back after Tuesday, June 24.
Received a checklist for my father-in-law on Monday, June 16. NVC reviewed his AOS paperwork, but waiting for the documents the requested the week before.

Wife called NVC in the morning of Tuesday, June 17. Told by the agent they don't have the document requested for dad, and they don't have the AOS package for her mom.

Put in a request with our Senator to get more information. Response was mother-in-law is documentary complete and father-in-law was in document review for the military document.

Wife called NVC on the morning of Tuesday, July 1 and spoke with a supervisor regarding her dad's military document. Supervisor said she would look into it.

Supervisor called us and left a voicemail on the morning of Wednesday, July 9 and stated they have located my father-in-law's military documents. Case sent back to document review.

Per conversation with an agent, the expedited request originally requested by email on July 7, was sent to the Embassy on Thursday, July 10.

Received by postal mail on Thursday, August 21 from our Senator regarding the response of another inquiry. Still the same.

Early in the morning on Friday, August 22:

Wife calls the Embassy and was told the IV section doesn't accept calls, and was given a number in the states that turned out to be scheduling assistance for NIV interviews.

Called NVC as soon as they opened and was told the Embassy denied the expedite request, but the case was completed by NVC on Monday, August 18. Wife inquired about interview scheduling, and was given some good information.

At 5 PM on Thursday, September 11, received the interview letters. Interview is scheduled for the morning of October 9.

Mother-in-law approved. Father-in-law placed in Administrative Processing due to follow-up TB test.

CEAC stated ISSUED for my mother-in-law on October 15. DHL had the package for pick up on October 17 but called the wrong number. Package picked up on October 27.

On December 11 mother-in-law received a phone call from the Embassy that the medical is back for my father-in-law and to DHL his passport to them. Passport sent on December 12.

On December 18 CEAC updated to ISSUED for my father-in-law. My wife is happy!!!! Embassy said they gave it to DHL on December 19

Due to a DHL delay the package did not become available for pick up until December 24. USCIS Immigrant Fee paid the same day.

POE: JFK Terminal 1 - December 26, 2014 - They are finally here!!!

Took them to a local SSA office to get SSN on January 6, 2015. Cards received on January 10, 2015.

Green Cards received by priority mail on January 23, 2015 (four weeks after arrival).

Both went to motor vehicles and got state issued ID cards on April 11, 2015.

Ms Hogan Proficient

Ms Hogan   295

Posted
Filed: Citizen (apr) Country: Canada
 Timeline
Posted

Sorry for confusing. However, I do understand that the OP is a green card holder and was interested in the CR-1 visa which LPR are not able to petition their spouses for. As a current LPR the OP could petition their spouse, but it would not be a CR-1 visa and since a Spouse of a LPR is not in a category where there is unlimited visas there would be a wait.

What I was confused about was if the OP lost their current GC or is renewing an expiring GC? I attempted to explain they could still submit their N-400 at this time, if they are eligible, without having to wait for the replacement card to be approved and come in the mail.

I'm not saying I don't believe you but I'm not aware of this being the case. The CR-1 is assigned if they have been married less than 2 years at the time of entry. Otherwise it is IR-1. I have not seen anything that states they have to be married 2 years or more in order to apply as a green card holder to bring their spouse. I do understand that as a green card holder it will take much longer to petition than as a citizen. But I'm not sure the information on the CR-1 is accurate.

It definitely seems the best option is to hurry and apply for citizenship if they're able to.

USCIS - 40 DAYS
2012-10-30: FedEx delivered I-130 to Chicago Lockbox Mail Room
2012-11-01: NOA1 by email - MSC
2012-11-02: $420 (x3) debited from our account
2012-11-05: NOA1 hard copies received, Priority Date 2012-10-30
2012-12-11: NOA2

NVC - 26 DAYS
2013-01-02: Rec'd case#, IIN, BIN & OPTIN emails for EP sent
2013-01-03: Submitted DS-261 (x3)
2013-01-07: AOS bills invoiced and paid & OPTIN for EP accepted for each of us
2013-01-08: AOS bills appear as paid & AOS packages sent by email
2013-01-08: IV bill invoiced & paid (kids' only)
2013-01-09: IV bill appears as paid (kids' only)
2013-01-09: IV Package emailed & DS-260 submitted online (kids only)
2013-01-11: AOS received -notified by email
2013-01-11: IV bill invoiced & paid (for me)
2013-01-14: IV bill appears as paid (for me)
2013-01-14: IV Supporting Docs received for kids - notified by email
2013-01-14: IV Package emailed & DS-260 submitted online (me only)
2013-01-18: IV Supporting Docs received for me - notified by email
2013-01-18: Son#1 CASE COMPLETE - Son#2 checklist - saying $ on I-864 don't match tax return (but they do)-resubmitted
2013-01-23: AOS 2nd submission for Son #2 received - notified by email
2013-01-25: My CASE COMPLETE
2013-01-28: ALL 3 OF OUR CASES ARE NOW COMPLETE
2013-02-06: Packet 4 Received by email

MEDICAL ~ CONSULATE ~ POE REMOVAL OF CONDITIONS - 160 DAYS NATURALIZATION
2013-02-13: Medicals 2014-12-17: Delivered to California Lockbox 2015-12-15: Delivered to Phoenix Lockbox
2013-03-06: Interview 2014-12-19: 1 I-751 + 3 Biometrics Fees debited from our account 2015-12-16: Fees charged to Credit Card
2013-03-08: Visas in-hand 2014-12-22: Received NOA1 by mail. Receipt Date: 2014-12-17 2015-12-17: NOA
2013-03-12: Paid USCIS Immigrant Fee 2014-12-24: Received Biometrics Appointment Letter 2016-01-02: Biometrics Letter 2016-01-11: Biometrics
2013-03-14: POE 2015-01-06: Biometrics 2016-02-15: In Line for Interview 2016-02-19: Letter
2013-03-25: SSNs arrived 2015-05-27: Approved 2016-03-22: Interview
2013-04-01: Green Cards arrived 2015-06-03: New Green Cards arrived 2016-04-15: Oath Ceremony

NikLR Grand Master

NikLR   13,232

Posted
Filed: Lift. Cond. (apr) Country: Canada
 Timeline
Posted

~~moved to bringing family members of LPR to the USA from IR1/CR1 process and procedures as OP is not currently a USC and this is the only route possibly available to them at this time~~

~~organizer hat off~~

I'm not saying I don't believe you but I'm not aware of this being the case. The CR-1 is assigned if they have been married less than 2 years at the time of entry. Otherwise it is IR-1. I have not seen anything that states they have to be married 2 years or more in order to apply as a green card holder to bring their spouse. I do understand that as a green card holder it will take much longer to petition than as a citizen. But I'm not sure the information on the CR-1 is accurate.

It definitely seems the best option is to hurry and apply for citizenship if they're able to.

CR1/IR1 is only for spouses of US citizens. For an LPR the category would be F2A. I think that's where the confusion is coming in?? Either way it's a spousal visa though. :)

You can start a petition doing the F2A route and finish it as a CR1 or IR1 if the petition is upgraded after citizenship. (Clear as mud? lol!)

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

 

Ms Hogan Proficient

Ms Hogan   295

Posted
Filed: Citizen (apr) Country: Canada
 Timeline
Posted (edited)

~~moved to bringing family members of LPR to the USA from IR1/CR1 process and procedures as OP is not currently a USC and this is the only route possibly available to them at this time~~

~~organizer hat off~~

CR1/IR1 is only for spouses of US citizens. For an LPR the category would be F2A. I think that's where the confusion is coming in?? Either way it's a spousal visa though. :)

You can start a petition doing the F2A route and finish it as a CR1 or IR1 if the petition is upgraded after citizenship. (Clear as mud? lol!)

OK now it makes sense to me. I thought the only result of submitting an I-130 was a IR or CR but there are other visa results based on everyone and their status or relationship.

Thank you NLR!

Now I can sleep! Lol

Edited by Ryan H

USCIS - 40 DAYS
2012-10-30: FedEx delivered I-130 to Chicago Lockbox Mail Room
2012-11-01: NOA1 by email - MSC
2012-11-02: $420 (x3) debited from our account
2012-11-05: NOA1 hard copies received, Priority Date 2012-10-30
2012-12-11: NOA2

NVC - 26 DAYS
2013-01-02: Rec'd case#, IIN, BIN & OPTIN emails for EP sent
2013-01-03: Submitted DS-261 (x3)
2013-01-07: AOS bills invoiced and paid & OPTIN for EP accepted for each of us
2013-01-08: AOS bills appear as paid & AOS packages sent by email
2013-01-08: IV bill invoiced & paid (kids' only)
2013-01-09: IV bill appears as paid (kids' only)
2013-01-09: IV Package emailed & DS-260 submitted online (kids only)
2013-01-11: AOS received -notified by email
2013-01-11: IV bill invoiced & paid (for me)
2013-01-14: IV bill appears as paid (for me)
2013-01-14: IV Supporting Docs received for kids - notified by email
2013-01-14: IV Package emailed & DS-260 submitted online (me only)
2013-01-18: IV Supporting Docs received for me - notified by email
2013-01-18: Son#1 CASE COMPLETE - Son#2 checklist - saying $ on I-864 don't match tax return (but they do)-resubmitted
2013-01-23: AOS 2nd submission for Son #2 received - notified by email
2013-01-25: My CASE COMPLETE
2013-01-28: ALL 3 OF OUR CASES ARE NOW COMPLETE
2013-02-06: Packet 4 Received by email

MEDICAL ~ CONSULATE ~ POE REMOVAL OF CONDITIONS - 160 DAYS NATURALIZATION
2013-02-13: Medicals 2014-12-17: Delivered to California Lockbox 2015-12-15: Delivered to Phoenix Lockbox
2013-03-06: Interview 2014-12-19: 1 I-751 + 3 Biometrics Fees debited from our account 2015-12-16: Fees charged to Credit Card
2013-03-08: Visas in-hand 2014-12-22: Received NOA1 by mail. Receipt Date: 2014-12-17 2015-12-17: NOA
2013-03-12: Paid USCIS Immigrant Fee 2014-12-24: Received Biometrics Appointment Letter 2016-01-02: Biometrics Letter 2016-01-11: Biometrics
2013-03-14: POE 2015-01-06: Biometrics 2016-02-15: In Line for Interview 2016-02-19: Letter
2013-03-25: SSNs arrived 2015-05-27: Approved 2016-03-22: Interview
2013-04-01: Green Cards arrived 2015-06-03: New Green Cards arrived 2016-04-15: Oath Ceremony

NikLR Grand Master

NikLR   13,232

Posted
Filed: Lift. Cond. (apr) Country: Canada
 Timeline
Posted

OK now it makes sense to me. I thought the only result of submitting an I-130 was a IR or CR but there are other visa results based on everyone and their status or relationship.

Thank you NLR!

Now I can sleep! Lol

You're welcome. Gnight! :)

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

 

dancergloria Newbie

dancergloria   0

Posted
Filed: IR-1/CR-1 Visa Country: Norway
 Timeline
  • Author
Posted (edited)

As long as you are a LPR you are not eligible to petition someone for a CR-1 visa since it is a "Conditional Resident who is a Spouse of a US Citizen."

As the prior poster recommended get married, file for LPR sponsoring foreign spouse, get US Citizenship, upgrade your petition to US Citizen sponsoring foreign spouse. There is only a certain number number of visas for spouses of LPR, compared to unlimited visas for spouses of US Citizens.

Another option that you have is apply for US Citizenship, get US Citizenship, Petition for a fiance K-1 visa, finance comes here, get marry, then they adjust status here in the US.

BTW, if they only thing holding you up from filling your N-400 right now is lack of the actual card... the instructions of the N-400 (Page 9 of 13) states you can submit a copy of the receipt of filling the I-90 for the replacement of the lost card instead of submitting a copy of the actual card. I am confused did you file because the was expiring or did you lost the card? If it was expiring then, don't know if they still do this, but they usually give you something at ASC (fingerprints and photo) in order to extend your card till you get the new one. If it is expired you might want to include a copy of the the I-90 receipt to renew it and a copy of your current card with your N-400 application.

thank you so much for the response! My green card was expiring, AND I was replacing it because it was lost.. So I don't know if I can apply for citizenship since while I'm waiting for it to renew it has now expired..I'm also worried about applying for citizenship prior to obtaining my green card in case my green card renewal is denied for any reason.. as anyone had any experience with this by any chance? Should I apply for my citizenship even though my green card renewal and replacement hasn't come through? Edited by dancergloria
michellefor Contributor

michellefor   1

Posted
Filed: AOS (pnd) Country: Canada
 Timeline
Posted

thank you so much for the response! My green card was expiring, AND I was replacing it because it was lost.. So I don't know if I can apply for citizenship since while I'm waiting for it to renew it has now expired..I'm also worried about applying for citizenship prior to obtaining my green card in case my green card renewal is denied for any reason.. as anyone had any experience with this by any chance? Should I apply for my citizenship even though my green card renewal and replacement hasn't come through?

My husband had the same situation as you, that he lost his green card. But the waiting time to get the new Green card is up to 6-7 months . That's how his lawyer told him to do his citizenship . He went to the USCIS local office to stamp the I551 on his passport , with this stamp you can prove that you are the LPR if your GC got lost. He simply applied for N400 with the stamp I551 and also the USCIS NOA receipt number for your I90. Luckily he got his citizenship within 4.5 months. So go ahead to apply for your N400 citizenship. :dancing:

May 23 , 2014 - Mailed I485 Package to Chicago

June 10 , 2014 - E-mail , TEXT RECEIVED and check cashed.

June 14 ,2014 - NOA receipt I485 hard copy in mail.

June 16 , 2014 - Letter in Mail for Biometric appointment July 2.

July 1, 2014 - RFE received

July, 2, 2014 BIOMETRIC done

AUG 17, 2014 EAD in production

Aug 18 , 2014 Mail the RFE to USCIS ( Nebraska Service Center)


Aug 21 , 2014 USCIS E-MAIL , Text received for RFE review

Aug 28, 2014, Received EAD


Sept 3, 2014 case moved to "TESTING AND INTERVIEW"

Sept 9, 2014 Text and e-mail received INTERVIEW DATE for OCT. 17, 2014 :idea:

Sept 11, 2014 Received the Interview Letter in mail - OCT. 17, 2014 (F)

Oct, 17, 2014 Interview ( went well ,but no decision)

Oct 22 , 2014 Received Text and e-mail , GC go to production

Oct 28 , 2014 Received the Welcome to United States letter

Oct. 28, 2014 Received e-mail and text USCIS has mailed the GC today. YA!

Oct. 30, 2014 GREEN CARD in hand!!!! :luv:

dancergloria Newbie

dancergloria   0

Posted
Filed: IR-1/CR-1 Visa Country: Norway
 Timeline
  • Author
Posted

My husband had the same situation as you, that he lost his green card. But the waiting time to get the new Green card is up to 6-7 months . That's how his lawyer told him to do his citizenship . He went to the USCIS local office to stamp the I551 on his passport , with this stamp you can prove that you are the LPR if your GC got lost. He simply applied for N400 with the stamp I551 and also the USCIS NOA receipt number for your I90. Luckily he got his citizenship within 4.5 months. So go ahead to apply for your N400 citizenship. :dancing:

Thank you for this response!!! I'm curious if his passport was necessary? All of my important documents were lost in a moving fiasco... and I don't have my green card OR my passport from my country of citizenship. It's all a big mess... :cry:

Thank you for this response!!! I'm curious if his passport was necessary? All of my important documents were lost in a moving fiasco... and I don't have my green card OR my passport from my country of citizenship. It's all a big mess... :cry:

My husband had the same situation as you, that he lost his green card. But the waiting time to get the new Green card is up to 6-7 months . That's how his lawyer told him to do his citizenship . He went to the USCIS local office to stamp the I551 on his passport , with this stamp you can prove that you are the LPR if your GC got lost. He simply applied for N400 with the stamp I551 and also the USCIS NOA receipt number for your I90. Luckily he got his citizenship within 4.5 months. So go ahead to apply for your N400 citizenship. :dancing:

And what did you do afterwards? Did you apply for fiance visa? Or get married and do the CR-1?

michellefor Contributor

michellefor   1

Posted
Filed: AOS (pnd) Country: Canada
 Timeline
Posted

Thank you for this response!!! I'm curious if his passport was necessary? All of my important documents were lost in a moving fiasco... and I don't have my green card OR my passport from my country of citizenship. It's all a big mess... :cry:

And what did you do afterwards? Did you apply for fiance visa? Or get married and do the CR-1?

As you know that the F2A you have to wait until the PD is current and the waiting time is around 2-3 years. Our lawyer asked us to apply the I130 based the F2A first and it was approved in 2 months.. As soon as my husband got his citizenship I applied the I485 to adjust the status simply providing the I130 NOA receipt number and the case will automatically go to IR to be current. That's how we did and it runs without any problem.

Since you have applied I 90 for almost 5 months, I think it should be find you just submit N400 with your NOA receipt number ,but my concern is you will need your copy of passport when you submit your N400 . You may also mail your copy of passport later when USCIS sent you RFE.

May 23 , 2014 - Mailed I485 Package to Chicago

June 10 , 2014 - E-mail , TEXT RECEIVED and check cashed.

June 14 ,2014 - NOA receipt I485 hard copy in mail.

June 16 , 2014 - Letter in Mail for Biometric appointment July 2.

July 1, 2014 - RFE received

July, 2, 2014 BIOMETRIC done

AUG 17, 2014 EAD in production

Aug 18 , 2014 Mail the RFE to USCIS ( Nebraska Service Center)


Aug 21 , 2014 USCIS E-MAIL , Text received for RFE review

Aug 28, 2014, Received EAD


Sept 3, 2014 case moved to "TESTING AND INTERVIEW"

Sept 9, 2014 Text and e-mail received INTERVIEW DATE for OCT. 17, 2014 :idea:

Sept 11, 2014 Received the Interview Letter in mail - OCT. 17, 2014 (F)

Oct, 17, 2014 Interview ( went well ,but no decision)

Oct 22 , 2014 Received Text and e-mail , GC go to production

Oct 28 , 2014 Received the Welcome to United States letter

Oct. 28, 2014 Received e-mail and text USCIS has mailed the GC today. YA!

Oct. 30, 2014 GREEN CARD in hand!!!! :luv:

 
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