New application I-130

[Ionelissy 0]

Hello everyone,

 

is marriage still a requirement for IR-1/CR-1 visa, if we have children together but not being married?

Edited March 5, 2022 by Ionelissy

[Smile4rill1 64]

Yes.

[Ionelissy 0]

  On 3/5/2022 at 2:34 PM, Smile4rill1 said:

Yes.

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so, if we plan to get married in the US, should we apply for tourist visa instead of IR-1?

Edited March 5, 2022 by Ionelissy

[Boiler 46,664]

You would apply for a K1, but better to just marry and go CR1

[Smile4rill1 64]

  On 3/5/2022 at 2:38 PM, Ionelissy said:

so, if we plan to get married in the US, should we apply for tourist visa instead of IR-1?

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K1 visa. But I will advice you just marry her and go the cr1 way.

 

[JeanneAdil 6,802]

CR1 spouse visa requires a marriage certificate for proof of marriage

and yeah,  why not marry and save a lot of hassles like getting a DL,  adding the immigrant to health insurance ,  the adjustment of status and those interviews in the US. 

cost of AOS at $1225 the USC can spend that to fly and marry

[Ionelissy 0]

ok, so after we get married, can we go the CR1 way if we both leave overseas? ....don't they require a US residence?

[Boiler 46,664]

They will require a US domicile and that is more for the interview 

[pushbrk 13,333]

Start by clicking on the word "Guides" at the top of any page here.  Once you've studied the proper guide, download both the forms and the instructions for the forms and become an A-Student of those instructions.  THEN you'll be ready to ask about the things you don't already understand.  

[SteveInBostonI130 3,491]

  On 3/5/2022 at 2:33 PM, Ionelissy said:

Hello everyone,

 

is marriage still a requirement for IR-1/CR-1 visa, if we have children together but not being married?

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Are the children US citizens?  Your profile states "Naturalization".  Were the children born before or after you naturalized?  

 

CR1 is the superior choice.  If you live together overseas, then marry and submit the I-130 online.  You will need to show that you have or are intending to establish residency for the interview, which is after the I-130 is approved.

 

But if your children are not US citizens, then it gets a bit more complicated.  You can still go the CR1 route, but will also need to file I-130's for each child as well.  Or you can go with a single I-129F fiance visa petition, which allows the children as K2 derivatives.

 

[llcoolwil 99]

We were going to go for the K1 and then we decided to get married and do CR-1 as both visa processes are seemingly going at the same pace right now and there will be no gap of working because you are able to work immediately upon admission.  Especially if you have a SSN already. I have one because I worked in the US on a contract before. We just applied on the 2nd with a receipt of the 3rd. Now it's the waiting game. 

[Ionelissy 0]

  On 3/6/2022 at 4:42 AM, SteveInBostonI130 said:

Are the children US citizens?  Your profile states "Naturalization".  Were the children born before or after you naturalized?  

 

CR1 is the superior choice.  If you live together overseas, then marry and submit the I-130 online.  You will need to show that you have or are intending to establish residency for the interview, which is after the I-130 is approved.

 

But if your children are not US citizens, then it gets a bit more complicated.  You can still go the CR1 route, but will also need to file I-130's for each child as well.  Or you can go with a single I-129F fiance visa petition, which allows the children as K2 derivatives.

 

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our children are US citizens.

 

How long it takes to get approved for the CR-1?

 

also, after we get approved, how long we have to pack and go for the US, is there a stay limit? can we like... leave after 6 months or more since the CR1 approval?

Edited March 6, 2022 by Ionelissy

[Boiler 46,664]

18 months or so

 

6 months from the date of the medical 

[pushbrk 13,333]

  On 3/6/2022 at 8:46 PM, Boiler said:

18 months or so

 

6 months from the date of the medical 

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Correct.  OP seems also to be asking about a "stay limit".  Not sure what is meant by that, but the CR1 and IR1 visas are for permanent residence in the USA.  They need to google "maintaining permanent resident status USA" and do some homework.  In general, don't leave the USA for more than six months at a time, and spend more than a little more time in the USA than out.  But....it's not that simple.  If they don't plan to live in the USA permanently, they are seeking the wrong visa.

[Ionelissy 0]

  On 3/6/2022 at 10:34 PM, pushbrk said:

Correct.  OP seems also to be asking about a "stay limit".  Not sure what is meant by that, but the CR1 and IR1 visas are for permanent residence in the USA.  They need to google "maintaining permanent resident status USA" and do some homework.  In general, don't leave the USA for more than six months at a time, and spend more than a little more time in the USA than out.  But....it's not that simple.  If they don't plan to live in the USA permanently, they are seeking the wrong visa.

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I meant that... after we get the CR-1 visa approved, how long we have until we must depart for USA to live there permanently?

 

what's the expiration date for the CR-1 visa?

Edited March 7, 2022 by Ionelissy