Don't know what type of visa we should apply

[Choo choo 0]

Hello,

It will be 4 years soon since we got married in USA using k1 visa. We were about to apply for 10y green card but I had to return to my country by family issue. So we missed it. Now I am in my country but we want to be together. As we know CR1 is for those who are married less than 2 years. What type of visa should we apply? We got confused.

Does anybody know what to do? Thanks in advance for answering.

[Chris and ZhiJia 146]

I believe you would file for IR1 since you have been married for more than 2 years

[B and H 18]

So you were about to apply for adjustment of status when you left? I hope I'm wrong, but I think the next step is for your US citizen or LPR spouse to file I-130 for you, which covers both CR-1 and IR-1 cases. It will take about a year.

http://www.visajourney.com/content/i130guide1

[Kastrs 723]

Yup process for CR1 and IR1 is the same only difference is the result, read the guides and file an I130 petition

[Choo choo 0]

Hello, my spouse has been in and out of the USA more than 2 years of our marriage. Which visa should we use?

[rutabaga 209]

If you're referring to choosing between IR1 and CR1, then you don't really choose anything--you start by filing the I-130 either way and the visa type between these two gets determined "automatically", so to speak, at interview time (so if you've been married for 2+ years at the time of the interview, you'll get an IR1 and if you haven't, you'll get a CR1--no choosing on your part).

[JFH 12,190]

You asked the same question in January. It's still the same procedure.

[Choo choo 0]

Thanks for the reply, but I am not asking the same question.My last question refers to my spouse living out of the USA more than 2 years after marriage. Not all at once, but the total time away equals 2 years. On the instructions for the I-130 list those who can not use that form, the 3rd paragraph question 6 says "Your spouse has lived outside the United States, after the marriage, for a period of at least 2 years." I need to know what form to use since she has been gone that long... Can someone help?

Thanks!

[rutabaga 209]

That's part of 6 and only applies in the context of 6, so it's only relevant "if you married your spouse while your spouse was the subject of an exclusion, deportation, removal, or rescission proceeding regarding his or her right to be admitted into or to remain in the United States, or while a decision in any of these proceedings was before any court on judicial review."

Edited April 3, 2016 by rutabaga

[aleful 1,905]

hi

you are reading out of context, that paragraph talks about spouses, that have been in removal proceedings, deportation, exclusion, or remission proceedings. read the beginning of point 6

you have to file the spousal petition, using the i130, there is no other form to start a spousal petition

[JFH 12,190]

As I said, the answer is the same as when you last asked

http://www.visajourney.com/forums/topic/582456-dont-know-what-type-of-visa-we-should-apply/

Complete the I-130 first and foremost. And read each question twice before answering. Don't leave any questions blank and don't make up any answers by giving what you think they want to read.

[Ryan H 3,812]

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