Start CR-1 or try VWP+AOS?

[SalishSea 17,836]

Just now, harrch said:

Understood, thanks!

If I have specific questions about starting the CR-1, is it customary on this forum to start a new thread or continue here?

If it is an entirely new topic, you can start a new thread on the CR-1 thread.

 

Btw, a good place to start is by reading the guides here on VJ, and then to come back with specific questions.   VJ is full of people who have successfully navigated US immigration without issues.   Good luck 🙂

[Brock Berrigan 0]

Just now, Jorgedig said:

If it is an entirely new topic, you can start a new thread on the CR-1 thread.

 

Btw, a good place to start is by reading the guides here on VJ, and then to come back with specific questions.   VJ is full of people who have successfully navigated US immigration without issues.   Good luck 🙂

Thanks sir!

[HRQX 4,145]

9 minutes ago, harrch said:

If I have specific questions about starting the CR-1, is it customary on this forum to start a new thread or continue here?

You could continue it here since the initial post also asked about the CR-1 process. Also this is already in the IR-1/CR-1 forum.

[Brock Berrigan 0]

2 minutes ago, HRQX said:

You could continue it here since the initial post also asked about the CR-1 process. Also this is already in the IR-1/CR-1 forum.

Okay! Thank you!

 

[Brock Berrigan 0]

8 minutes ago, HRQX said:

You could continue it here since the initial post also asked about the CR-1 process. Also this is already in the IR-1/CR-1 forum.

If I am going the CR-1 route and both my wife and I are not physically present in the U.S., my understanding is that I start with the I-130 which I can do on the USCIS website. Am I supposed to file I-485 at the same time? 

Thank you!

[HRQX 4,145]

2 minutes ago, harrch said:

If I am going the CR-1 route and both my wife and I are not physically present in the U.S., my understanding is that I start with the I-130 which I can do on the USCIS website.

Yes, file I-130 with I-130A spouse supplement uploaded.

2 minutes ago, harrch said:

Am I supposed to file I-485 at the same time?

No. That form is not used in the consular processing path.

[Brock Berrigan 0]

Just now, HRQX said:

Yes, file I-130 with I-130A spouse supplement uploaded.

No. That form is not used in the consular processing path.

Thanks for the clarification and for telling me the proper terminology "consular processing path"!

[Coco8 1,042]

Quote

We think we will move to the US next year. 
We will visit the US in November of this year (2021) hopefully. 

In addition to the issue of intent, AOS through VWP is not practical because you are just visiting in November and your plans of moving to the US seem to be for 2022. Once you AOS, you cannot leave the US for a pretty long time, at least 5 months. That's without considering the time it takes to fill out the AOS paperwork and put together all the evidence... it would be incredibly suspicious to have the paperwork ready once you get to the US file as well.

 

You can file a spousal visa right now and she can still travel to the US while that is being processed. But file ASAP. Also, if you've been married for more than 2 years by the time you get the visa, she'll get a 10 year green card.

[HRQX 4,145]

55 minutes ago, Coco8 said:

by the time you get the visa

*when she enters the US with the Immigrant Visa

 

See 8 CFR § 1235.11(b): "Correction of endorsement on immigrant visa. If the alien is subject to the provisions of section 216 of the Act, but the classification endorsed on the immigrant visa does not so indicate, the endorsement shall be corrected and the alien shall be admitted as a lawful permanent resident on a conditional basis, if otherwise admissible. Conversely, if the alien is not subject to the provisions of section 216 of the Act, but the visa classification endorsed on the immigrant visa indicates that the alien is subject thereto (e.g., if the second anniversary of the marriage upon which the immigrant visa is based occurred after the issuance of the visa and prior to the alien's application for admission) the endorsement on the visa shall be corrected and the alien shall be admitted as a lawful permanent resident without conditions, if otherwise admissible."

[SalishSea 17,836]

2 hours ago, Coco8 said:

at least 5 months

Advance Parole is taking closer to 8 months at this time.

[Chocobo 196]

Just adding my experience w/my hubby doing VWP & AOS.  He is Canadian and came down here to US on VWP for the birth of our son with the intent to return home to Canada and come back later on a K-1 or CR-1.  Canada gives paternity leave, so he was planning to be here for 3 months, with a possible extension to 6 months.  At POE, he had to show clear, strong ties to Canada to prove he was going to return.  He had his return ticket to show which helped a lot.   At any rate, after our son was born, he couldn't bear the thought of leaving, so we married while he was here and went the route of AOS. 

 

1) The wait for the auth to travel was no big deal for him, but it was there and God forbid if something happened to his family back in Canada, he'd have been stuck here.  Keep that in mind for your wife.

2) The wait for the green card was ROUGH.  He was used to working and having to wait for auth to work again was very difficult on him as he's used to being independent and a provider.  If your wife enjoys being able to work, the wait may be pretty tough.  

3) While yes, an overstay is forgiven, I have to tell you, my hubby was stressed while waiting for the notification that he was "safe" and there was no fear of being tossed out of the country for overstaying!  LOL    

[HRQX 4,145]

11 minutes ago, Chocobo said:

doing VWP & AOS.  He is Canadian

*Canada is not a VWP country. Your husband entered as a Canadian B-2 visitor https://travel.state.gov/content/travel/en/us-visas/tourism-visit/citizens-of-canada-and-bermuda.html

Edited August 19, 2021 by HRQX

[Chocobo 196]

14 minutes ago, HRQX said:

*Canada is not a VWP country. Your husband entered as a Canadian B-2 visitor https://travel.state.gov/content/travel/en/us-visas/tourism-visit/citizens-of-canada-and-bermuda.html

Hmm... interesting.  Since the US doesn't require Canadians to have tourist visas (unless under special circumstances) I assumed that meant they were part of the VWP.  Learn something new every day. 

[Crazy Cat 41,886]

18 hours ago, harrch said:

Apologies in advance if I'm not following conventional decorum with this post. 
I really appreciate that there is a community out here that is so dedicated to helping each other. 

I'm a US citizen and my wife is Taiwanese. 
We think we will move to the US next year. 
We will visit the US in November of this year (2021) hopefully. 
We have done some research and learned about VWP+AOS recently. 

While we wait to travel, is it wiser to start the CR-1 process now (i.e. file I-130) or just wait till we're actually ready to move and just go the VWP+AOS route?

Are there other considerations that I'm missing?

Any and all help/advice/experiences are highly appreciated! Thank you!

Your VWP+AOS plan is illegal.  Don't try it.  It is illegal to enter the US via a non-immigrant route with the intent to adjust status.  However, visiting the US during the spousal visa process is fine assuming your spouse can convince CBP that he/she will return at the end of the visit.  Start the spousal visa process now.  Then, your spouse will interview at AIT in about 18 months.

 

Feel free tp PM me if you wish......My wife and I were married in Taipei in 2015......and lived there afterwards.

Edited August 19, 2021 by Crazy Cat

[Israth 22]

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