CR1 or something else

[Kelvin Ly 0]

My friend met and fell in love this girl who entered US on B1 (visitor) visa. Her visa expired next Jan 2008. They plan to get marry soon. My friend can proceed the CR1 route? I.E. After getting their marriage certificate, they can file I-130, and then I-485 (AOS)?

[YuAndDan 153]

http://www.visajourney.com/forums/index.ph...page=i130guide2

[pushbrk 13,053]

My friend met and fell in love this girl who entered US on B1 (visitor) visa. Her visa expired next Jan 2008. They plan to get marry soon. My friend can proceed the CR1 route? I.E. After getting their marriage certificate, they can file I-130, and then I-485 (AOS)?

No and yes. No, she doesn't need a visa so it would not be the CR1 route. CR1 is a visa. Yes, they can file I-130 and and I-485 but do so at the same time. I suggest you have your friend access this site and study the guides then he can come back with any questions and get first-hand answers.

[Kelvin Ly 0]

My friend met and fell in love this girl who entered US on B1 (visitor) visa. Her visa expired next Jan 2008. They plan to get marry soon. My friend can proceed the CR1 route? I.E. After getting their marriage certificate, they can file I-130, and then I-485 (AOS)?

No and yes. No, she doesn't need a visa so it would not be the CR1 route. CR1 is a visa. Yes, they can file I-130 and and I-485 but do so at the same time. I suggest you have your friend access this site and study the guides then he can come back with any questions and get first-hand answers.

My friend's English is not that good, so I'm trying to gather preliminary info for him. Should we go that route (I-130 and i-485) like you mentioned above? Do we stand a good chance? If not, she will be denied and banned which would cause many years of separation. If yes, then they should go for it because they do not want to be apart. Or his girlfriend should go back and then he can file K1/K3/CR-1?

[moonhunt 1]

My friend met and fell in love this girl who entered US on B1 (visitor) visa. Her visa expired next Jan 2008. They plan to get marry soon. My friend can proceed the CR1 route? I.E. After getting their marriage certificate, they can file I-130, and then I-485 (AOS)?

No and yes. No, she doesn't need a visa so it would not be the CR1 route. CR1 is a visa. Yes, they can file I-130 and and I-485 but do so at the same time. I suggest you have your friend access this site and study the guides then he can come back with any questions and get first-hand answers.

My friend's English is not that good, so I'm trying to gather preliminary info for him. Should we go that route (I-130 and i-485) like you mentioned above? Do we stand a good chance? If not, she will be denied and banned which would cause many years of separation. If yes, then they should go for it because they do not want to be apart. Or his girlfriend should go back and then he can file K1/K3/CR-1?

Basically it's same thing. Key fact is whether their marriage is bona fide (real) marriage, and US Citizen (your friend) can support his/her spouse from financial viewpoint.

CR-1 is the USCIS category, not visa type.

K1 is the non-immigrant visa for US citizen's fiancee to entier U.S. and getting married in 90 days, then go through same I-130/I-485 process.

So your friend can use K-1 only if his/her financee live in foreign country, which means out-of-U.S.

K3 is also non-immigrant visa for US Citizen to bring his/her spouse, which means they already got married, into U.S. then go through same I-130/I-485 process.

So I think best bet at this moment if they got married, they just file I-130/I-485 based on their marriage.

US Citizen's spouse can be waved for illegal stay.

If your friend's soon-to-be spouse just get into U.S., I would recommend to wait for 3 months from entering date, for doing nothing.

For an example, if he/she entered to U.S. at 05/10/2007, just enjoy the time with your friend until 08/20/2007, and then go to the local government - city clerk office - to get marriage license, then go through marriage certificate process. Then file I-130 (for Permanent residentship) along with I-485 (Adjustment of status, B1 to Permanent Resident).

Usually USCIS is suspicious about request for status change, or any activities indicating long stay such as bank account open, SSN request, driver license request within 60 days from entering U.S., so they may consider he/she has intent to stay in U.S., and make false statement at Port of Entry - in this case, tourist versus immigration.

So for first 60 days from entering U.S., stay low, and don't open the bank account, don't try anything except enjoying the time with soon-to-be spouse US Citizen.

Edited May 23, 2007 by moonhunt

[pushbrk 13,053]

My friend met and fell in love this girl who entered US on B1 (visitor) visa. Her visa expired next Jan 2008. They plan to get marry soon. My friend can proceed the CR1 route? I.E. After getting their marriage certificate, they can file I-130, and then I-485 (AOS)?

No and yes. No, she doesn't need a visa so it would not be the CR1 route. CR1 is a visa. Yes, they can file I-130 and and I-485 but do so at the same time. I suggest you have your friend access this site and study the guides then he can come back with any questions and get first-hand answers.

My friend's English is not that good, so I'm trying to gather preliminary info for him. Should we go that route (I-130 and i-485) like you mentioned above? Do we stand a good chance? If not, she will be denied and banned which would cause many years of separation. If yes, then they should go for it because they do not want to be apart. Or his girlfriend should go back and then he can file K1/K3/CR-1?

The key factor is intent upon entry. If you have described and I have understood accurately, the girl entered the US on a B1 visa that is valid until January. After her entry, your friend met her and fell in love. Even if they met before, the decision to marry was made after her entry. If the above is correct, they can marry and adjust status by filing as mentioned. There is no hurry, as long as both the marriage and petition filing are accomplished before her visa expires. If the above timeline can be documented (pretty easy if they never met or had an opportunity to meet before her US entry) it really doesn't matter much how quickly they met and married.

If, on the other hand, they met and decided to marry before she entered the US and used the B1 visa with the intent of marrying and adjusting status, that is visa fraud and she could be banned from the USA for 10 years.

Throw all the above out the window if your friend is not a US Citizen. Please fill in as many details as you can, in order to get the best advice.

[pushbrk 13,053]

My friend met and fell in love this girl who entered US on B1 (visitor) visa. Her visa expired next Jan 2008. They plan to get marry soon. My friend can proceed the CR1 route? I.E. After getting their marriage certificate, they can file I-130, and then I-485 (AOS)?

No and yes. No, she doesn't need a visa so it would not be the CR1 route. CR1 is a visa. Yes, they can file I-130 and and I-485 but do so at the same time. I suggest you have your friend access this site and study the guides then he can come back with any questions and get first-hand answers.

My friend's English is not that good, so I'm trying to gather preliminary info for him. Should we go that route (I-130 and i-485) like you mentioned above? Do we stand a good chance? If not, she will be denied and banned which would cause many years of separation. If yes, then they should go for it because they do not want to be apart. Or his girlfriend should go back and then he can file K1/K3/CR-1?

CR-1 is the USCIS category, not visa type.

Huh?

Edited May 23, 2007 by pushbrk

[Kelvin Ly 0]

Thanks for all replies. They are ever informative.

Of course, the girl (Vietnamese) entered US with the B1 visa without immigration intention or to get married. But now, she met my friend and wants to stay with him. This is the first time she entered US, and my USC friend, who is from Vietnam also, never go (back) to Vietnam in 17 years. Therefore, they never met before.

[moonhunt 1]

My friend met and fell in love this girl who entered US on B1 (visitor) visa. Her visa expired next Jan 2008. They plan to get marry soon. My friend can proceed the CR1 route? I.E. After getting their marriage certificate, they can file I-130, and then I-485 (AOS)?

No and yes. No, she doesn't need a visa so it would not be the CR1 route. CR1 is a visa. Yes, they can file I-130 and and I-485 but do so at the same time. I suggest you have your friend access this site and study the guides then he can come back with any questions and get first-hand answers.

My friend's English is not that good, so I'm trying to gather preliminary info for him. Should we go that route (I-130 and i-485) like you mentioned above? Do we stand a good chance? If not, she will be denied and banned which would cause many years of separation. If yes, then they should go for it because they do not want to be apart. Or his girlfriend should go back and then he can file K1/K3/CR-1?

CR-1 is the USCIS category, not visa type.

Huh?

As far as I know, K1/K3 is visa type.

Maybe I-551 (Permanent Resident Card ) can be considered as acting as VISA, since immigration officer at POE write it down as ARC.

IR-1/CR-1 is the category used within US CIS, not the visa type.

Similar to F2A, or F3... :-)

I just want to point out. ^.^

Also, since it is category code used within USCIS, sometimes referred from Embassy Consular department,

it can be changed.

When you file I-130, it may be categorized as F2A, or CR-1, then later when you actually have interview either at US Embassy or USCIS local office, it may be granted as CR-1 or IR-1 depending on status/time change.

So it is USCIS internal category for preference, not VISA Type from Department of State. :-)

[moonhunt 1]

Thanks for all replies. They are ever informative.

Of course, the girl (Vietnamese) entered US with the B1 visa without immigration intention or to get married. But now, she met my friend and wants to stay with him. This is the first time she entered US, and my USC friend, who is from Vietnam also, never go (back) to Vietnam in 17 years. Therefore, they never met before.

I have a question for you. You said the girl has Visa expired at Jan 2008. I don't understand this part. :-)

Please forgive me if I'm wrong.

For tourist visa such as B1, immigration officer at POE stamps for 6 month validity for the stay.

If I calculate correctly, Jan 2008 can not be at this moment.

Are you sure about this?

Are you talking about actual B1 Visa expiry date or expiry date in immigration officer's stamp ?

If you are talking about B1 visa expiry date, it doesn't matter.

It is validity for US entrance allowable by POE immigration officer.

Not for period she CAN stay in U.S.

The period she can stay legally in U.S. is either stamped or written down by immigration officer in the passport.

It may be marked as "Admitted" or something like that.

If your friend is US Citizen, it will be o.k. with US CIS when they process I-130/I-485.

If your friend is not U.S. Citizen, she can try to file I-539 to extend her valid stay period for current status while processing I-130/I-485.

[pushbrk 13,053]

Thanks for all replies. They are ever informative.

Of course, the girl (Vietnamese) entered US with the B1 visa without immigration intention or to get married. But now, she met my friend and wants to stay with him. This is the first time she entered US, and my USC friend, who is from Vietnam also, never go (back) to Vietnam in 17 years. Therefore, they never met before.

I have a question for you. You said the girl has Visa expired at Jan 2008. I don't understand this part. :-)

Please forgive me if I'm wrong.

For tourist visa such as B1, immigration officer at POE stamps for 6 month validity for the stay.

If I calculate correctly, Jan 2008 can not be at this moment.

Are you sure about this?

Are you talking about actual B1 Visa expiry date or expiry date in immigration officer's stamp ?

If you are talking about B1 visa expiry date, it doesn't matter.

It is validity for US entrance allowable by POE immigration officer.

Not for period she CAN stay in U.S.

The period she can stay legally in U.S. is either stamped or written down by immigration officer in the passport.

It may be marked as "Admitted" or something like that.

If your friend is US Citizen, it will be o.k. with US CIS when they process I-130/I-485.

If your friend is not U.S. Citizen, she can try to file I-539 to extend her valid stay period for current status while processing I-130/I-485.

That's right. She has stamped in her visa the length of her allowed stay. That is different from the visa expiration date. They must marry and file papers before her allowed stay is completed. Although a short overstay and even long ones have been forgiven after marrying a USC, it is far better to keep it all legal.

Your friend is a USC and met the girl after she arrived. You're good to go with adjusting status after marriage.

My friend met and fell in love this girl who entered US on B1 (visitor) visa. Her visa expired next Jan 2008. They plan to get marry soon. My friend can proceed the CR1 route? I.E. After getting their marriage certificate, they can file I-130, and then I-485 (AOS)?

No and yes. No, she doesn't need a visa so it would not be the CR1 route. CR1 is a visa. Yes, they can file I-130 and and I-485 but do so at the same time. I suggest you have your friend access this site and study the guides then he can come back with any questions and get first-hand answers.

My friend's English is not that good, so I'm trying to gather preliminary info for him. Should we go that route (I-130 and i-485) like you mentioned above? Do we stand a good chance? If not, she will be denied and banned which would cause many years of separation. If yes, then they should go for it because they do not want to be apart. Or his girlfriend should go back and then he can file K1/K3/CR-1?

CR-1 is the USCIS category, not visa type.

Huh?

As far as I know, K1/K3 is visa type.

Maybe I-551 (Permanent Resident Card ) can be considered as acting as VISA, since immigration officer at POE write it down as ARC.

IR-1/CR-1 is the category used within US CIS, not the visa type.

Similar to F2A, or F3... :-)

I just want to point out. ^.^

Also, since it is category code used within USCIS, sometimes referred from Embassy Consular department,

it can be changed.

When you file I-130, it may be categorized as F2A, or CR-1, then later when you actually have interview either at US Embassy or USCIS local office, it may be granted as CR-1 or IR-1 depending on status/time change.

So it is USCIS internal category for preference, not VISA Type from Department of State. :-)

Just for giggles, what would you say the visa category is for a spouse, when only an I-130 petition is filed? Hint. It doesn't start with a K.

[Kelvin Ly 0]

Thanks to you all!

She entered US in last March 07 and the immigration officer at POE stamped for 3 month validity for the stay. Her visa expiration is Jan 08 (from the US Consulate in Vietnam), so she can still re-visit the US later.

She has a child still in Vietnam. If she stays here and they get married, he (my friend, the petitioner) will file a I-130 and AOS for her. And also he can file another I-130 for her child? How long it takes for the child to come here? Or she should just go back to Vietnam, and he files I-130 her and the child comes along? Please help, she stay in US will expire in 3 weeks!

[pushbrk 13,053]

Thanks to you all!

She entered US in last March 07 and the immigration officer at POE stamped for 3 month validity for the stay. Her visa expiration is Jan 08 (from the US Consulate in Vietnam), so she can still re-visit the US later.

She has a child still in Vietnam. If she stays here and they get married, he (my friend, the petitioner) will file a I-130 and AOS for her. And also he can file another I-130 for her child? How long it takes for the child to come here? Or she should just go back to Vietnam, and he files I-130 her and the child comes along? Please help, she stay in US will expire in 3 weeks!

I'm going to steer clear of all the "shoulds" and focus on the facts. If she goes back to Vietnam single, she'll need to stay there until she obtains a K1 visa. If she goes back married, it would be CR1 or K3. The child would be CR2 or K4. If she stays and adjusts status, the husband can file an I-130 for the child. I beleive that would result in the child arriving in a year or so on a CR2 visa.

What they "should" do will depend on their own priorities.