IR-1 / CR-1 Marriage vs Common Law

[sk23 7]

Hi everyone,

This may have been asked before, but I couldn't find a good answer for our specific circumstances.

Me and my wife have been common law for many years, and have two children together and all evidence of bona fide relationship one can think of. We've only been officially married for one year, however. Is there a chance that they might consider our life together as de facto spouses in determining whether to issue an IR or CR? I'm asking because if there is some loophole here I want to be prepared for it by the time of interview.

She's immigrating from Canada, and our children are both US citizens by CRBA.

Thanks,

Sebastian

Edited February 29, 2016 by sekonov

[Kastrs 723]

If you have been married just a year right now, your wife will likely be entering the US after your 2 year anniversary anyway and therefore be granted an IR1

[sk23 7]

If you have been married just a year right now, your wife will likely be entering the US after your 2 year anniversary anyway and therefore be granted an IR1

Thank you! Since we are applying from abroad, there's a chance that our application may be processed quicker than that, as discussed elsewhere on this forum. So we might very well run into a situation when we would need to enter before the 2nd marriage anniversary.

[Kastrs 723]

I have seen some differing info on this recently, and it seems that petitions filed abroad (NOT DCF) are processed many times at about the same rate as other petitions. But for arguments sake, lets say your petition is approved very fast, everything moves super fast. You will still have 6 months to enter the US after her medical. You said married a year, is it exactly a year, 9 months, 14 months, that could make a huge difference. Also, you can slow your petition down yourself if you want to ensure the IR1 visa by just replying to the NVC slightly slower (only in the case your petition is approved super fast).

[sk23 7]

I have seen some differing info on this recently, and it seems that petitions filed abroad (NOT DCF) are processed many times at about the same rate as other petitions. But for arguments sake, lets say your petition is approved very fast, everything moves super fast. You will still have 6 months to enter the US after her medical. You said married a year, is it exactly a year, 9 months, 14 months, that could make a huge difference. Also, you can slow your petition down yourself if you want to ensure the IR1 visa by just replying to the NVC slightly slower (only in the case your petition is approved super fast).

It's 10 month to be exact - the wedding was in April. If we need to enter in May 2017 then she would need to have the medical done no earlier than December. I've just sent the papers a few days ago, so it's feasible. Also, we will be going through the Montreal consulate, is it known to have long interview waits?

(Is it 6 months after the medical by the way, or after the interview? And which comes first?)

We're not looking forward to stretching the process too much however. If everything goes fast we'd like to be on our way. The inconvenience of CR -- is it only in filing a form and paying $505 two years down the road? Or is it bad for some other reasons as well?

Thanks!

[NikLR 13,227]

$590 and you have to collect evidence of financial co-mingling for the next two years. Then you submit it to the USCIS to see if they think you still have a genuine marriage. If you can avoid it without hassle, do it.

[NikLR 13,227]

Depending on where you end up living it can take 6 months or up to a year or two to get the 10 year card during ROC.

[sk23 7]

$590 and you have to collect evidence of financial co-mingling for the next two years. Then you submit it to the USCIS to see if they think you still have a genuine marriage. If you can avoid it without hassle, do it.

Filed for:Removing Conditions (approved)

^^ You are clearly speaking from experience

I don't anticipate any problems with this however. We are going to financially co-mingle for the foreseeable future, and proving the genuine marriage should be straightforward. We also have two children.

I can see you point however; if it's a matter of a couple of months give or take, it definitely makes sense to avoid the hassle.

I take it as the answer to my original question: their ways are based strictly on marriage, is that correct? If you've been together all your life and have a zillion children, it's still going to be conditional.

Depending on where you end up living it can take 6 months or up to a year or two to get the 10 year card during ROC.

Point taken.

[sk23 7]

Also, you can slow your petition down yourself if you want to ensure the IR1 visa by just replying to the NVC slightly slower (only in the case your petition is approved super fast).

Could you expand on this a bit? I think it's a very important idea, possibly deserving a separate topic. What are the time frames (validity periods) they give you at each step? This would be useful to people who for whatever reason find themselves in need of stretching the process a little.

[NikLR 13,227]

Strictly on marriage. You were in a country in which you could get married even though most often common-law gives you the same rights.

Could you expand on this a bit? I think it's a very important idea, possibly deserving a separate topic. What are the time frames (validity periods) they give you at each step? This would be useful to people who for whatever reason find themselves in need of stretching the process a little.

You have a year between each contact. Realistically you could extend it for at least 3, if not 4 years.

[sk23 7]

You have a year between each contact. Realistically you could extend it for at least 3, if not 4 years.

It is very nice to know, thank you!

Specifically, is there a time window like this after getting an affidavit of support signed? I have enlisted a co-sponsor and I don't want to drag my feet too much for fear of his changing his mind or getting carried away with other stuff. However, after he signs the form, we can easily wait for a little longer.

Edited February 29, 2016 by sekonov

[NikLR 13,227]

Have you looked at the NVC process? A year between each submission is allowed.

[sk23 7]

Have you looked at the NVC process? A year between each submission is allowed.

Actually no, I haven't. Thanks for referring me to a very useful page. Here's the url for anyone else who might be interested: http://www.visajourney.com/wiki/index.php/NVC_Process

With the interview wait times, I see now that we're not likely to have the CR problem anyway Thanks for all your help.

Edited February 29, 2016 by sekonov

[NikLR 13,227]

You're welcome. I'm glad you found the link. It will be ypur bible for the NVC stage.

Please take some time to also read in Canada forum about domicile. If you guys live together then this will be a sticky issue.

[sk23 7]

You're welcome. I'm glad you found the link. It will be ypur bible for the NVC stage.

Please take some time to also read in Canada forum about domicile. If you guys live together then this will be a sticky issue.

Thanks, proving the domicile should not be a problem for us as I maintain the accounts, phone number, mailing address etc., and hoping to have a job before moving. The way things are, I might even find myself already back to the States by the time of my wife's interview.

Here's the link again for anyone who might be interested (and too lazy to google it): http://www.visajourney.com/forums/topic/164618-proving-domicile-when-not-living-in-the-us/