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Delta7

Can spouse stay in US while CR-1 is processed

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Filed: Timeline

I've been seeing my now Russian fiancé (19F) for 3 months now. She came here on a J1 visa (student exchange) that expires on 9/15. We were going to apply for the K1 visa after she left, but with the current political unrest between our countries (https://ru.usembassy.gov/fact-sheet/), there is so much unknown with the timeline of the process.

I am just curious, if we got a civil marriage here in the US in the next week or so, would she be able to stay in the US while the CR-1 and I-130 gets processed? This way we can bypass the whole part of the process that depends on Russia (Now that they are doing ALL visa processing at a lone embassy in Moscow)

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CR-1 will be processed in her home country. You won't be able to bypass that if you guys go the CR-1 route. What you're looking for is AOS within the US but she'll likely need a waiver for the 2-year residency requirement for J visa holders.

For my I-129F, K-1, AOS, EAD, AP and ROC detailed timelines, please refer to my timeline page :)

ROC filed on December 1, 2020, assigned to SRC, approved within 106 days on February 18, 2021.

My sincerest gratitude to all VJers, especially the late geowrian.

 

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Filed: Timeline
Just now, Coco8 said:

Why not AOS in the US?

 

Check whether she needs a J1 waiver and start that as soon as possible (as long as there is no Dept of State funding involved).

Yeah, it would be adjustment of status that would get filed if we got married here. However, with her current visa expiring on 9/15, is this enough time for her to not have to leave? The whole Russia/US relations are really making things difficult

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7 minutes ago, Delta7 said:

Yeah, it would be adjustment of status that would get filed if we got married here. However, with her current visa expiring on 9/15, is this enough time for her to not have to leave? The whole Russia/US relations are really making things difficult

Once you file for AOS, you are granted authorized stay while AOS is pending. Also file for AP + EAD so she can travel abroad and work...ETA: ~4 months for those (and close to a year for AOS itself).

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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Filed: Timeline
16 minutes ago, geowrian said:

Once you file for AOS, you are granted authorized stay while AOS is pending. Also file for AP + EAD so she can travel abroad and work...ETA: ~4 months for those (and close to a year for AOS itself).

I just learned about this J-1 "two year home residency requirement". I'm not sure if she has it or not, how would she go about finding out? And how hard is it to get it waived?

Edited by Delta7
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Filed: Timeline
17 minutes ago, Delta7 said:

I just learned about this J-1 "two year home residency requirement". I'm not sure if she has it or not, how would she go about finding out? And how hard is it to get it waived?

Confirmed her visa does not have this two year home residency requirement

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6 minutes ago, Delta7 said:

Confirmed her visa does not have this two year home residency requirement

Cool. Then you can marry and AOS fine.

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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Filed: Timeline
Just now, geowrian said:

Cool. Then you can marry and AOS fine.

Although the two of us know we are not committing immigration fraud, do you think we will get any flak from the govt? We have plenty of proof (pictures of each other in Boston on trips, we have plans to go to Niagra Falls the weekend of 9/10). I guess I'm just curious how hard we will be investigated?

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3 minutes ago, Delta7 said:

Although the two of us know we are not committing immigration fraud, do you think we will get any flak from the govt? We have plenty of proof (pictures of each other in Boston on trips, we have plans to go to Niagra Falls the weekend of 9/10). I guess I'm just curious how hard we will be investigated?

They will look at the totality of the evidence presented. If it's not fraud, then you should be fine. You will submit evidence of a bona fide marriage (+ relationship leading up to marriage) with the initial I-130 + I-485, then they will interview the beneficiary (likely in the better part of a year) and make a decision. Provide more evidence at that time as well...you should be able to have a shared leased/mortgage/other housing arrangement by then, bank or credit account(s) together, being beneficiaries on each other's insurances and such, etc. There is no set list of items that make the marriage bona fide...just send whatever you do have and collect more while you wait for the interview. I just mentioned those as some examples of financial commingling and living together (things they like to see, but are not requirements).

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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1 hour ago, Delta7 said:

Yeah, it would be adjustment of status that would get filed if we got married here. However, with her current visa expiring on 9/15, is this enough time for her to not have to leave? The whole Russia/US relations are really making things difficult

Yes, it is enough time. Any "overstay" is forgiven basically because USCIS does not care about it, that is a State Department purview. So as long as she stays and AOS, there is no problem of staying past her expiration date.

 

Plus, J1 has a 30 day grace period after expiration, so she can stay until 10/15 without any problems. 

 

I'd recommend submitting the packet for AOS before the expiration date. As long as you guys do that, you are doing everything by the book. Time that goes by won't be held against her as long as you are doing AOS. Let's say you decide not to go through with it and you filed AOS, any time she stayed over her J1 + 30 day grace period is fine (because of AOS). 

 

 

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Filed: Timeline
2 minutes ago, Coco8 said:

Yes, it is enough time. Any "overstay" is forgiven basically because USCIS does not care about it, that is a State Department purview. So as long as she stays and AOS, there is no problem of staying past her expiration date.

 

Plus, J1 has a 30 day grace period after expiration, so she can stay until 10/15 without any problems. 

 

I'd recommend submitting the packet for AOS before the expiration date. As long as you guys do that, you are doing everything by the book. Time that goes by won't be held against her as long as you are doing AOS. Let's say you decide not to go through with it and you filed AOS, any time she stayed over her J1 + 30 day grace period is fine (because of AOS). 

 

 

Thank you so much. So essentially, if we decide we want to go down this route..We get a basic civil court marriage, she files for AOS, as well as I-130, I-485, I-765, I-131 (Advanced Parole Travel Document) and the I-864. These documents allow her to stay here, work, and travel outside (to see her family etc) once they get approved (765+131)?

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4 minutes ago, Delta7 said:

Thank you so much. So essentially, if we decide we want to go down this route..We get a basic civil court marriage, she files for AOS, as well as I-130, I-485, I-765, I-131 (Advanced Parole Travel Document) and the I-864. These documents allow her to stay here, work, and travel outside (to see her family etc) once they get approved (765+131)?

Yes. Right.

 

You should look up threads and lists of what people present for evidence of bona fide marriage. After filing, you should still keep collecting that in case they ask for more or you need it for later. 

 

 

 

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Filed: Citizen (apr) Country: Taiwan
Timeline
4 hours ago, Delta7 said:

Thank you so much. So essentially, if we decide we want to go down this route..We get a basic civil court marriage, she files for AOS, as well as I-130, I-485, I-765, I-131 (Advanced Parole Travel Document) and the I-864. These documents allow her to stay here, work, and travel outside (to see her family etc) once they get approved (765+131)?

Good plan!!   Congratulations and good luck on your journey...

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

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Filed: Lift. Cond. (apr) Country: China
Timeline

Moved from IR-1/CR-1 Process & Procedures to Adjustment of Status from Work, Student, & Tourist Visas forum.

Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

December 18, 2023:  Filed I-90 to renew Green Card

December 21, 2023:  Production of new Green Card ordered - will be seeing USCIS again every 10 years for renewal

 

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