Applying for CR-1 Visa while in the USA on a tourist visa

[gbbw 5]

Hello everyone,

I recently came to USA on a tourist visa and I will be here until first week of September. Our visa application is ready and we were planning on submitting it online this week, but I'm worried that it might raise some red flags to do it while I'm in the US.

Do you think I should wait until I go back to Turkey or submit it now to save time? 

Thank you very much for your response, I'm very grateful to have found this community.

[iamexcited3021 4]

go ahead and submit. you should be fine as long as you leave and you're on a. tourist visa and don't break it. 

[Ontarkie 14,225]

There is no harm in doing it now. 

[Crazy Cat 41,860]

32 minutes ago, gbbw said:

Hello everyone,

I recently came to USA on a tourist visa and I will be here until first week of September. Our visa application is ready and we were planning on submitting it online this week, but I'm worried that it might raise some red flags to do it while I'm in the US.

Do you think I should wait until I go back to Turkey or submit it now to save time? 

Thank you very much for your response, I'm very grateful to have found this community.

The sooner you apply, the better.  

[Dashinka 24,502]

I agree, there should be no issues in filing it while you are here.

 

Good Luck!

[Kai G. Llewellyn 837]

1 hour ago, gbbw said:

Hello everyone,

I recently came to USA on a tourist visa and I will be here until first week of September. Our visa application is ready and we were planning on submitting it online this week, but I'm worried that it might raise some red flags to do it while I'm in the US.

Do you think I should wait until I go back to Turkey or submit it now to save time? 

Thank you very much for your response, I'm very grateful to have found this community.

As you are physically present in the US, you may switch to Adjustment of Status if you want, though you will be required to remain in the US until you receive Advance Parole and cannot work until you get an EAD but it saves you going back to Turkey, it is more expensive and will take longer in all likelihood to finally get the GC. You must not leave until you get AP, otherwise you're back to square one and will have to await an immigrant visa to re-enter.

 

It can take longer but it will save you going back. If you prefer to continue Consular Processing, there is no issue you filing your application with CEAC while in the US and may be the faster/cheaper route, especially if there isn't much of a backlog at your Consulate/Embassy. The choice is yours.

Edited August 9, 2021 by Kai G. Llewellyn

[SalishSea 17,829]

1 hour ago, gbbw said:

Hello everyone,

I recently came to USA on a tourist visa and I will be here until first week of September. Our visa application is ready and we were planning on submitting it online this week, but I'm worried that it might raise some red flags to do it while I'm in the US.

Do you think I should wait until I go back to Turkey or submit it now to save time? 

Thank you very much for your response, I'm very grateful to have found this community.

Not an issue.  We filled out and sent my (now) husband's petition while he was here visiting.

[gbbw 5]

Thank you all very much for your responses! I feel very relieved.

I have one more year of school back in Turkey so I have to go back. We will be filing while I'm here and then I'll go back to my country as planned. 

Thanks again and wish you all well.

[pushbrk 12,883]

1 hour ago, gbbw said:

Thank you all very much for your responses! I feel very relieved.

I have one more year of school back in Turkey so I have to go back. We will be filing while I'm here and then I'll go back to my country as planned. 

Thanks again and wish you all well.

Avoid any issues by being sure to indicate Not Applicable in the section of the I-130 that asks which office you will apply to adjust status and then enter Ankara in the section that asks where you will apply for a visa.

 

To be clear, what your spouse is doing, is filing a petition, not applying for a visa or applying for ANYTHING.  When the petition is approved, YOU will apply for a visa based on that approved petition.

 

My personal preference is to complete the petition as if you have already left the USA, then your husband can file it the day after you leave.  Government workers make mistakes.  This plan makes it more difficult for you to be a victim of one of those mistakes.  

[gbbw 5]

5 hours ago, pushbrk said:

Avoid any issues by being sure to indicate Not Applicable in the section of the I-130 that asks which office you will apply to adjust status and then enter Ankara in the section that asks where you will apply for a visa.

 

To be clear, what your spouse is doing, is filing a petition, not applying for a visa or applying for ANYTHING.  When the petition is approved, YOU will apply for a visa based on that approved petition.

 

My personal preference is to complete the petition as if you have already left the USA, then your husband can file it the day after you leave.  Government workers make mistakes.  This plan makes it more difficult for you to be a victim of one of those mistakes.  

Thank you very much for the detailed response. That's good advice