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jonnyboy19

Need Some Help - One step process for CR-1 visa

By jonnyboy19 in IR-1 / CR-1 Spouse Visa Process & Procedures

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jonnyboy19 Newbie

jonnyboy19   0

Posted
Timeline
Posted

Hey,

 

I had a one question that I cannot seem to get my head around and I would like someone to help me out with this. My immigration lawyer has advised me there are two ways to go about obtaining a spousal visa. There is a two step process, in which we get married, I file and then head back home and carry on life and continue to visit, he said these can get approved anywhere from 8-12 months.

 

He also said I can do a one step process, and that would be I enter the US i get married at some time and then file for AOS while in the US.

 

How is this possible, if entering the US with the idea of getting married is considered fraud. Is he telling me to go for a month or so stay and then just decide marriage is the best thing we want to do. He said there is nothing wrong with changing your mind while you are in the US and getting married.


Can someone please help clarify this for me, I like the two step process because it allows me to continue to work and hopefully still visit but another 8-12 months of visiting after I have done it for a year already seems like such a long road.

Kastrs Experienced

Kastrs   723

Posted
Filed: Citizen (pnd) Country: Pakistan
 Timeline
Posted

Get a new lawyer or do the process yourself

the lawyer gave you bad advice RE a one step process

Spoiler

 

Married December 19, 2014

I-130 Petition sent January 14, 2015
NOA1 date January 20, 2015 (NSC)

NOA2 date May 28, 2015 :dance::dance::dance:

Mailed to NVC June 4, 2015

NVC Received June 10, 2015

NVC Case Number Assigned June 23, 2015

NVC AoS Invoice via Mail June 24, 2015

NVC Selected Agent Over Phone June 30, 2015 (Unable to logon to CEAC)

NVC IV Invoice via email received July 1, 2015

NVC AoS/IV Package Mailed July 2, 2015

NVC AoS & IV Fee Paid Online (CEAC is working) July 6. 2015

NVC Document Scan Date July 6, 2015

NCV AoS & IV Fee marked as paid in CEAC July, 7 2015

NVC DS 260 Completed July 8, 2015

NVC CC July 30, 2015 (24 days after scan date, about 2 months post NOA2)

Interview Scheduled on August 26, 2015

Interview P4 Email Received August 27, 2015

Medical in Islamabad September 2, 2015

Interview Date September 22, 2015 CANCELLED (Embassy is Over scheduled) :cry: :cry: :cry: :cry: :cry:

Interview Scheduled on September 10, 2015

Interview Date October 14, 2015 APPROVED

Visa Issued October 16, 2015, 9 months start to finish

POE JFK October 26, 2015

GC in Hand Jan 8, 2016

RoC I-751 NOA1 August 31, 2017 (Vermont Service Center)

Biometrics October 2, 2017

I551 Stamp in Passport August 2, 2018

18 Month Extension Letter August 3, 2018

Applied for Naturalization N-400 Online July 30, 2018

Biometrics August 23, 2018

10 year GC is in production September 17, 2018

 

 
 
 
 
 
 
 
 
 
 
 
 
Prystine Collaborator

Prystine   184

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

OP, if you come to the US on a visitor visa or VWP with the intention of immigrating, that is considered visa fraud and is a very big no no. Its all about the intent when you come over. Since you have the intent to immigrate, do not do this. the 1st option is your legal option (i.e. get married, file and head back home - side note, you have to do your interview & medical back in your home country for this anyway and its cheaper doing the medical there then in the US). Also, if your case is pretty straight forward, you don't need a lawyer, you can do it yourself. 

 

What your lawyer is really talking about has to do with someone coming to the US and planning on going home but they meet someone, fall in love and decide to get married and stay. This is technically not illegal as there was no initial intent to stay and immigrate when they came to visit. You already have intent, therefore not an option and would be Fraud as I said above.

I'm the USC

K1 Visa Process:

 
  • I-129F Packet Sent: 09/11/2015 (Sent to Dallas, TX Lockbox)
  • Delivery Confirmation: 09/16/2015
  • NOA1 Received (Electronic notice): 09/18/2015 (Sent to CSC)
  • NOA1 Received (Hard Copy): 09/26/15
  • NOA2 Received (Electronic notice): 10/06/2015
  • NOA2 Received (Hard Copy): 10/10/2015
  • NVC Received: 10/26/2015
  • NVC Case# Assigned: 10/30/2015
  • NVC Sent to Consulate: 11/02/2015
  • Consulate Received: 11/05/2015
  • Packet 3 Received: 11/12/2015
  • Packet 3 Sent (DS160 Completed & Visa Fee Paid): 11/21/2015
  • Medical Date: 12/16/2015
  • Interview Date: 01/14/2016 (approval pending medical paperwork from Visa Medical Dr. office)
  • Medical Paperwork Sent: 01/27/2016
  • Medical Paperwork Received by Embassy: 02/03/2016
  • Visa Approved: 02/04/2016
  • Visa Issued: 02/05/2016
  • Visa Received: 02/11/2016
  • US Entry (POE): 03/12/2016
  • Applied for SSN: 03/17/2016
  • SSN & Temp Card Received: 03/23/2016
  • Marriage Date: 04/21/2016

AOS/EAD/AP Process:

Spoiler
  • I-485/I-797/I-131 Packet Sent: 05/10/2016 (Sent to Chicago, IL Lockbox)
  • Tracking Shows Packet Delivered: 05/12/16
  • NOA1 Received (Electronic notices): 05/19/16 (for all 3: AOS, EAD & AP)
  • NOA1 Received (Hard Copies): 05/23/16 (Notice date of 5/18/16 for all 3)
  • Biometrics Appt. Letter Received: 06/10/16
  • Biometrics Appt. Scheduled for: 06/20/16
  • Biometrics Appt. Completed: 06/20/16
  • EAD/AP Approved: 07/28/2016 {Day 76}
  • EAD/AP Card Received: 08/03/16 {Day 82}
  • DL Tests passed & 1yr. DL issued: 08/18/16
  • AOS Approved: 08/29/16 (Interview waived & Approval notice received in the mail on 9/1/16) {Day 108)
  • 2yr. Greencard Received: 09/09/16 {Day 119)
  • Updated info. w/Social Security Office: 09/22/16
  • Updated info. w/DMV & New 4yr. DL issued: 09/22/16
  • New Permanent SSN Card Received: 09/28/16

1st Date we can File ROC: 05/30/18

ROC Process:

Spoiler
  • I-751 Packet Sent: 06/11/18 (Sent to California Service Center)
  • Tracking Shows Packet Delivered: 6/13/18
  • Check Shows Cashed: 6/28/18
  • NOA1 Received (Hard Copy): 6/30/18 (Notice date of: 06/26/18)
  • Biometrics Appt. Letter Received: 3/16/19 (Notice date of: 03/08/19) - USCIS Biometrics Waiver Notice Received
  • Biometrics Appt. Scheduled for: N/A - (USCIS is resusing previous fingerprints/biometrics from AOS)
  • Notice of Transfer Received: 3/21/19 (Notice date of 03/15/19 )- USCIS transferred case to the Potomac Service Center in Arlington, VA for processing.
  • Interview Date: N/A - (Interview waived, received Electronic notice on 4/18/19 of update to case. It was  the ROC Approval with and approval date of 4/17/19)
  • ROC Approved: 4/15/19 (Received Electronic notice on 4/18/19 with an approval date of 4/17/19. Received Hard Copy in the mail on 4/20/19 with a Notice date of 4/15/19)
  • 10yr. Greencard Received: 4/24/19

1st Date we can File Naturalization (N400): 05/30/19

Naturalization Process:

Quote
  • N-400 packet Sent: 3/13/2020 (Submitted online via the USCIS Website)
  • NOA1 Received (Elecctronic Notice): 3/13/2020 (Notice date of: 3/13/2020) - Document itself viewable online on 3/17/2020
  • NOA1 Received (Hard Copy): 3/20/2020
  • Biometrics Appt. Letter Received (Electronic Notice): 3/14/2020 (Notice date of: 3/13/2020) - Document itself viewable online on 3/17/2020
  • Biometrics Letter Received (Hard Copy): 3/21/2020
  • Biometrics Appt. Scheduled for: 3/30/2020 (OKC local Field Office) - Office closed due to COVID-19, haven't received cancellation/reschedule notice yet... 😭
  • Re-Scheduled Biometrics Appt. Letter Received (Electronic Notice): 12/10/2020 (Notice date of: 12/10/2020) - USCIS Biometrics Reuse Notice Received
  • Re-Scheduled Biometrics Letter Received (Hard Copy): 12/15/2020
  • Re-Scheduled Biometrics Appt. for: N/A - (USCIS is reusing previous fingerprints/biometrics from AOS)
  • Interview Appt. Letter Received (Electronic Notice): 12/29/2020 (Notice date of: 12/29/2020) - Document itself viewable online on 12/30/2020
  • Interview Letter Received (Hard Copy): 1/11/2021
  • Interview Date: 02/17/2021 (at 1:30pm; OKC local Field Office) - Office closed due to Hazardous Weather Conditions; waiting for reschedule notice. 😭
  • Interview CANCELLATION Notice Received (Electronic Notice): 2/17/2021 (Notice date of: 2/17/2021) - voicemail from USCIS advising of cancellation received on 2/16/2021; document itself viewable online on 2/20/2021
  • Interview CANCELLATION Notice Received (Hard Copy): 2/26/2021
  • Re-Scheduled Interview Letter Received (Electronic Notice): 2/22/2021 (Notice date of: 2/22/2021) - Document itself viewable online on 2/24/2021
  • Re-Scheduled Interview Letter Received (Hard Copy): 3/1/2021
  • Re-Scheduled Interview Date for: 4/13/2021 (at 8:45am; OKC local Field Office) - Received recommended for Approval paper from USCIS Officer, waiting for confirmation and oath ceremony to be scheduled.
  • Naturalization Approved: 4/13/2021 
  • Oath Ceramony Appt. Letter Received (Electronic Notice): 4/14/2021 (Notice date of: 4/14/2021) - Document itself viewable online same day.
  • Oath Ceramony Letter Received (Hard Copy): 4/23/2021 
  • Oath Ceramony Date: 4/27/2021 (at 1:30pm; OKC local Field Office) - Oath completed, naturalization certificate in hand :dance:
  • Update SSN Info Appt. Scheduled for: 6/4/2021 - update from LPR to US Citizen w/SS Office...Done, waiting on new ss card in mail.
  • Updated SSN Card Received: / /
  • Updated Drivers License Received: / /
  • Applied for US Passport: / /

 

image.gif

jonnyboy19 Newbie

jonnyboy19   0

Posted
Timeline
  • Author
Posted

I understand fully what you are staying. I go over 3 or 4 times a week now, as we live about 2 hours away and work like 30 minutes from each other. If i went over for a month, and then decided to stay and later get married, that can't be illegal. I can stay in the US for up to 6 months a year as a visitor, i guess it's different because we know each other now, however, we have no date or have any idea when we want to get married.

 

But I am tore, but if my best option is to get married come home file and then continue to visit i guess iwill do that

Graceyjingy Rookie

Graceyjingy   0

Posted
Filed: IR-1/CR-1 Visa Country: Philippines
 Timeline
Posted
40 minutes ago, jonnyboy19 said:

Hey,

 

I had a one question that I cannot seem to get my head around and I would like someone to help me out with this. My immigration lawyer has advised me there are two ways to go about obtaining a spousal visa. There is a two step process, in which we get married, I file and then head back home and carry on life and continue to visit, he said these can get approved anywhere from 8-12 months.

 

He also said I can do a one step process, and that would be I enter the US i get married at some time and then file for AOS while in the US.

 

How is this possible, if entering the US with the idea of getting married is considered fraud. Is he telling me to go for a month or so stay and then just decide marriage is the best thing we want to do. He said there is nothing wrong with changing your mind while you are in the US and getting married.


Can someone please help clarify this for me, I like the two step process because it allows me to continue to work and hopefully still visit but another 8-12 months of visiting after I have done it for a year already seems like such a long road.

Hello! I am a filipina married with a US citizen. We are currently living in Nicaragua. What we did is we got married in Miami florida ( because i have a 10yr visa ) but we are already living together for 3 yrs. after that we filed a CR1 last Dec 2016 and now my visa processing is complete and i'm just waiting for my interview schedule here in Nicaragua. It took us a long time because NVC requested some documents from the Philippines. Hope this helps...

DrEllaNJ Community Regular

DrEllaNJ   288

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

your lawyer probably didn't inform you that you can't work or travel abroad for 4-5 months after you file for adjustment of status within the country. So if you 'change your mind', you can't go back to tie up loose ends, end your lease, resign from your job, etc. Now if you do all of that in advance, you're clearly establishing intent to immigrate.

geowrian Grand Master

geowrian   22,338

Posted
Filed: Lift. Cond. (pnd) Country: Philippines
 Timeline
Posted

To put it a bit more bluntly, your lawyer is advising you of an "option" to commit fraud and play it off as you didn't actually intend to do so via plausible deniability. The legal options, if you intend to stay in the US, are to marry (anywhere) then file for a CR-1 visa, or to remain engaged and file for a K-1. You can enter on a K-1 with intent to adjust status fine.

 

The CR-1 route lets you enter then travel abroad or work immediately. And it's cheaper than a K-1.

 

You can still visit while the cases are processing.

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

 

Ryan H Grand Master

Ryan H   3,819

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

Moved from Progress Reports to Process & Procedures.

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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