She said yes, I talked to a lawyer, but do we need one? And other questions!

[Minnesota12345 1]

13 minutes ago, NateAndJessica said:

I doubt theres little on this site that couldn't be construed as legal advice... And the best legal advice i would like to now give to all VJ participants, Dont get a lawyer unless you have serious hurdles to clear.

Either way, let's stay on topic. From OP perspective, I'm taking everything said with a grain of salt, as one should with content online

 

My main question is: What do we need to know about petitioning/getting the CR1 internally if we decide to just stay?

 

Is this even legal? Is it risky? 

 

Also, how about document self-translation?

 

Edited May 16, 2018 by Minnesota12345

[Michelle M 133]

10 minutes ago, pushbrk said:

Telling folks they don't need a lawyer is contrary to the following...

 

Do not act on or rely on any information from VisaJourney Websites and Services without consulting with a licensed attorney as this site is not a substitute for obtaining appropriate legal advice from a competent, independent legal counsel in the relevant jurisdiction.

The original poster posed the following question " Why might we need a lawyer?"  Therefore, I read it as please give me your opinion.  So I believe this user has the basis on which to offer such opinion. 

[NikLR 13,232]

41 minutes ago, Minnesota12345 said:

Either way, let's stay on topic. From OP perspective, I'm taking everything said with a grain of salt, as one should with content online

 

My main question is: What do we need to know about petitioning/getting the CR1 internally if we decide to just stay?

 

Is this even legal? Is it risky? 

 

Also, how about document self-translation?

 

Cr1 is an immigrant Visa.  Staying would be adjusting status.  She's here.  She was inspected at entry and allowed entry.  That means CBP determined already she did not have intent to stay so she has zero risk of staying and adjusting status.  You can self translate. 

[mushroomspore 3,044]

1 hour ago, Minnesota12345 said:

Either way, let's stay on topic. From OP perspective, I'm taking everything said with a grain of salt, as one should with content online

 

My main question is: What do we need to know about petitioning/getting the CR1 internally if we decide to just stay?

 

Is this even legal? Is it risky? 

 

Also, how about document self-translation?

 

This is technical but very important. 

 

The CR1 is not something you can get "internally". It is a VISA that must be applied and it is meant for couples where the alien spouse is ABROAD. It is the same thing with the K1. The whole point of both visas is to allow the alien partner to legally enter the US as a spouse (CR1) OR fiance(e) (K1). CR1 and K1 are both immigrant visas.

 

When the alien spouse is already IN the US, the process is called "adjustment of status" (AoS). Couples where the alien partner possessed a work, travel or student visa (these are all NON-IMMIGRANT visas) are able to get married and then immediately initiate AoS. See how the process is different? In these cases, the alien is already in the US. Therefore, there is no VISA to apply for.

 

If she is here legally and perhaps does not NEED to return to her home country, you guys can file AoS. I was in the US as a tourist when my-then boyfriend proposed. We got married 2.5 months after my last entry, filed AoS another 2.5 months after that. Besides an RFIE for our i-864, it's gone fairly smoothly. I now have my work/travel permit and we're waiting for the interview now. 

 

Can't speak about document translations as we never had to handle that. They do need to be certified. I am not unsure if that allows you to do them yourself. 

Edited May 16, 2018 by mushroomspore

[Naes 12,205]

7 hours ago, John & Rose said:

It isn't quite as friendly here so far.  Maybe I just need to get used to the different personalities.  We are very happy with our decision but it is early.  Looking at the possibility that they won't even make Christmas of 2019 is a little sad since today was the day we originally thought they would make POE.

You’ve got this... hopefully it will be quicker than you think.. they seem to be speedier in cr1 lately  

[John & Rose 7,239]

31 minutes ago, Naes said:

You’ve got this... hopefully it will be quicker than you think.. they seem to be speedier in cr1 lately  

We hope so. That refusal is always in the back of our mind though. There is more stress this time and we haven’t even filed yet!  Lol

[EM_Vandaveer 2,417]

12 hours ago, pushbrk said:

Not sure where you got that impression, but from Ecuador, it's unlikely she entered without inspection.

OP said so in the first post (maybe it's edited since), but later clarified that he thought EWI means with inspection.

AFAIK there are plenty of people from South American countries who make their way to Mexico in order to then EWI into the US.

[pushbrk 13,176]

26 minutes ago, EM_Vandaveer said:

OP said so in the first post (maybe it's edited since), but later clarified that he thought EWI means with inspection.

AFAIK there are plenty of people from South American countries who make their way to Mexico in order to then EWI into the US.

Yes, I comprehend the difference between "unlikely" and "impossible".  

[Ryan H 3,834]

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