K-1 -> CR1?

[jedigrover 4]

My fiance came over on a K-1 Visa and we married here. I was preparing the AOS documents and I never received the NOA2 from USCIS.

USCIS tells me I have to file I-824 with $405 to get a copy.

Another post here says no, you don't--get an InfoPass appointment and maybe you'll be OK.

In addition, when the Consulate sent me the letter that they were processing our petition, they included a photocopy of the original I-129F with the approval stamp.

The law office we visited to get translations for the I-485 paperwork advised that it will take 3 months to get that document by the I-824 route, and suggested that we should file I-130 along with the I-485, with the $420 fee for I-130 to convert over to the CR1.

Questions:

1) Will the photocopy of the I-129F with the USCIS approval stamp and signature suffice to stand in place of the NOA2? I also have the email they sent me saying the approved and were mailing the NOA2, as well as the NVC email and letter.

2) Would I really need to do the InfoPass appointment? It looks like it takes 3 weeks to get an appointment in Dallas.

3) Does a K-1 visa spouse even qualify to file I-130? It is my understanding that there are some things that can trigger all kinds of bad things to happen if you file I-130 for the wrong reasons?

4) If I file I-130, I believe I have to get sworn affadavits, correct? Because until she gets conditional permanent residency, the bank doesn't seem willing to put her on my account, nor can we apply for even a basic ID card at the drivers license office. However, we did get her a social security card already (haven't changed the name on it yet).

Advice?

[Girl from Celebes 588]

CR-1 is a spousal visa which means has to apply outside of the U.S.

Unless your wife is planning to leave the U.S. before she has her green card then you have to file I-130 for a spousal visa.

Edited April 21, 2015 by Girl from Celebes

[jedigrover 4]

OK, my misunderstanding of terms.

My question still remains, it is reasonable to file I-130 for someone who entered on a K-1?

[BaronB 42]

Why on earth would you go the CR-1 route? He came here legally on a K-1 visa, you got married and now you need to adjust his status. That's the way it works. Get rid of any lawyer who wants you to "go the CR-1 route".

Edited April 21, 2015 by BaronB

[Pitaya 2,577]

~Moved from K1 Process to Fam.-based AOS Forum~

~Inquiry about AOS-associated process, past K1~

(mod hat off)

Did you receive and save the electronic notice of your fiance(e) visa approval? Several folks have successfully used a print-out of that emailed notice in lieu of the hardcopy NOA2 visa petition approval notice for their AOS processing.

YMMV.

Good luck on your immigration journey.

Edited April 21, 2015 by Pitaya

[Girl from Celebes 588]

OK, my misunderstanding of terms.

My question still remains, it is reasonable to file I-130 for someone who entered on a K-1?

No, unless she/he leaves the country before file adjustment of status. If she's already here then go to the process of AoS. Why on earth someone suggested you to file I-130 for a spousal visa?

My other question is, are you married within 90 days or after? Because seems like the law office suggested you to file I-130 and usually people did it because they were married out of 90 days a window time for K-1 visa.

Edited April 21, 2015 by Girl from Celebes

[jedigrover 4]

Yes, I have emails stating approval, transition to NVC, printout from their website at the time showing approval / post-decision activity, letter from NVC, letter from consulate including a signed/stamped approved copy of the I-129F.

I will just do the AOS with this as evidence in place of the NOA2 & a letter of explanation. If they RFE, then I think that would be the time to get an infopass appointment. No?

Married 27 days after entry.

Sounds like the I-130 stuff was just bogus and will cause more headaches.

[Girl from Celebes 588]

Yes, I have emails stating approval, transition to NVC, printout from their website at the time showing approval / post-decision activity, letter from NVC, letter from consulate including a signed/stamped approved copy of the I-129F.

I will just do the AOS with this as evidence in place of the NOA2 & a letter of explanation. If they RFE, then I think that would be the time to get an infopass appointment. No?

Married 27 days after entry.

Sounds like the I-130 stuff was just bogus and will cause more headaches.

There was a post about this long time and many people suggested just go by an explanation that you have never received NOA-2 hardcopy and provided NVC docs that they sent to the beneficiary as a Packet 3 - approval stamped-. Logically, people can't get K-1 visas if their petitions haven't approved.