Can we start to file CR-1 whilst both parties are in the US? [merged threads]

[ilovepizza 0]

Hello, I am currently visiting the US and have been here since December. My passport allows me to stay for up to 6 months and I will most likely be travelling back to my home in Asia in April.

 

My partner (US citizen) and I got married earlier this month (city hall ceremony in San Francisco) and I was wondering, once we receive our marriage certificate, can we start filing for the CR-1 visa whilst I'm still in the US? Or do I have to wait until I'm back home for us to start the application process?

 

Thanks in advance for your advice!

[Boiler 45,522]

File away

[pushbrk 12,892]

20 minutes ago, ilovepizza said:

Hello, I am currently visiting the US and have been here since December. My passport allows me to stay for up to 6 months and I will most likely be travelling back to my home in Asia in April.

 

My partner (US citizen) and I got married earlier this month (city hall ceremony in San Francisco) and I was wondering, once we receive our marriage certificate, can we start filing for the CR-1 visa whilst I'm still in the US? Or do I have to wait until I'm back home for us to start the application process?

 

Thanks in advance for your advice!

Yes, you can file while you're still here but be sure to indicate you'll be doing consular processing and where.  Enter Not Applicable for where you will adjust status.

[ilovepizza 0]

1 minute ago, pushbrk said:

Yes, you can file while you're still here but be sure to indicate you'll be doing consular processing and where.  Enter Not Applicable for where you will adjust status.

thank you @pushbrk - I was also thinking of submitting a screenshot of my I-94 travel history as bona fide evidence, but since it doesn't show my departure date yet as I'm still in the US, would that be an issue?

[pushbrk 12,892]

5 minutes ago, ilovepizza said:

thank you @pushbrk - I was also thinking of submitting a screenshot of my I-94 travel history as bona fide evidence, but since it doesn't show my departure date yet as I'm still in the US, would that be an issue?

No.  You can provide passport stamps as evidence of being in the USA.  What's your home country?

 

[ilovepizza 0]

5 minutes ago, pushbrk said:

No.  You can provide passport stamps as evidence of being in the USA.  What's your home country?

 

It's Hong Kong- currently stuck here because of the travel bans!

[pushbrk 12,892]

21 minutes ago, ilovepizza said:

It's Hong Kong- currently stuck here because of the travel bans!

Not a high fraud area.  No need for much relationship evidence.

[Kai G. Llewellyn 837]

15 hours ago, ilovepizza said:

Hello, I am currently visiting the US and have been here since December. My passport allows me to stay for up to 6 months and I will most likely be travelling back to my home in Asia in April.

 

My partner (US citizen) and I got married earlier this month (city hall ceremony in San Francisco) and I was wondering, once we receive our marriage certificate, can we start filing for the CR-1 visa whilst I'm still in the US? Or do I have to wait until I'm back home for us to start the application process?

 

Thanks in advance for your advice!

As you currently are in the US, and I presume you entered the US with the intent to go home based on the wording of your question. You are free to start the ball rolling on the process and go through consular processing (that is going home as normal and awaiting an immigrant visa), or you are free to adjust status and remain in the US. If you choose the latter, you cannot leave until you receive advance parole. The choice is yours! Make sure USCIS are aware on what to do with the I-130 when approved.

Edited February 25, 2022 by Kai G. Llewellyn

[ilovepizza 0]

31 minutes ago, Kai G. Llewellyn said:

As you currently are in the US, and I presume you entered the US with the intent to go home based on the wording of your question. You are free to start the ball rolling on the process and go through consular processing (that is going home as normal and awaiting an immigrant visa), or you are free to adjust status and remain in the US. If you choose the latter, you cannot leave until you receive advance parole. The choice is yours! Make sure USCIS are aware on what to do with the I-130 when approved.

Hi, yes I definitely intend to go home in the next month or two. Thanks for your reply! 

[iwannaplay54 985]

17 hours ago, ilovepizza said:

Hello, I am currently visiting the US and have been here since December. My passport allows me to stay for up to 6 months and I will most likely be travelling back to my home in Asia in April.

 

My partner (US citizen) and I got married earlier this month (city hall ceremony in San Francisco) and I was wondering, once we receive our marriage certificate, can we start filing for the CR-1 visa whilst I'm still in the US? Or do I have to wait until I'm back home for us to start the application process?

 

Thanks in advance for your advice!

You can file as soon as the ink dries on the marriage certificate.  No need to wait to file.

[ilovepizza 0]

thank you!

[aaron2020 11,651]

You can also stay and file to adjust status if you want. 

[Demise 1,287]

Why don't you just file for AOS and skip all the consular BS?

[ilovepizza 0]

35 minutes ago, Demise said:

Why don't you just file for AOS and skip all the consular BS?

Is that allowed if I can only stay legally until early June (my I-94 class of admission is B2) ? We won't receive our marriage certificate for a few weeks so can't file yet, and I know that if you file for AOS you can't leave the country for quite some time...

[ilovepizza 0]

3 hours ago, aaron2020 said:

You can also stay and file to adjust status if you want. 

Is that allowed if I can only stay legally until early June (my I-94 class of admission is B2) ? We won't receive our marriage certificate for a few weeks so can't file yet, and I know that if you file for AOS you can't leave the country for quite some time. How long does AOS normally take? thank you!