Married but not living together

[Mounat02 63]

3 minutes ago, geowrian said:

There's not really anything for interpretation here. They either obtained LPR status via an approved I-360 (generally VAWA or window) or completed ROC via an abuse waiver.

Neither of which can apply here as they entered on an IR-1 visa.

I misunderstood it then, and I was wrong.

[geowrian 22,338]

3 minutes ago, Mounat02 said:

I misunderstood it then, and I was wrong.

No worries - it's a less commonly-used section of law.

[Mounat02 63]

8 minutes ago, geowrian said:

No worries - it's a less commonly-used section of law.

So it is an option to CR-1 but IR-1 don't qualify. In other words, stay married through 3 years and oath or file under 5-year. 

 

I know I opened the door to this digression but what if there's violence with IR-1 before end of 3 years? Just get divorced and file under 5-year rule?

[geowrian 22,338]

8 minutes ago, Mounat02 said:

So it is an option to CR-1 but IR-1 don't qualify. In other words, stay married through 3 years and oath or file under 5-year. 

 

I know I opened the door to this digression but what if there's violence with IR-1 before end of 3 years? Just get divorced and file under 5-year rule?

Yup.

[Nitas_man 3,100]

On 4/15/2020 at 2:22 PM, Mounat02 said:

My memory could be failing me but there are exceptions. Not sure about exact INA sections.

Not this case