Spousal process

[pushbrk 12,881]

7 hours ago, Rocio0010 said:

Well, she is right. You can overstay your visa and unauthorized stay and work are fogiven as a courtesy to the USC. For example, someone comes on a tourist visa to visit their fiance. While they're visiting, the fiancé proposes. Then they decide to stay and adjust. That is legal. What is fraud is to come with a tourist visa with the preconceived intent of adjusting status.

In your case, if you wanted to, you could stay and adjust your status here. You could withdraw your CR1 as long as you did not lie at the POE about the aim of your visit.

No don't withdraw anything.  You just file the rest of the forms and stay.  The man is already here, and had no intention of staying.  If circumstances change, adjusting status is not fraudulent.  Sure, plenty of people have already abused the system but this "friend" doesn't understand how.  (And apparently, neither does the person whose post I've quoted above.

 

 

[SalishSea 17,827]

8 hours ago, Emmah1979 said:

Oh how interesting. We got married and we are just so sad to have to part and wait. I need to work. How long does a AOS last? But too be honest like I said I need to carry on working and I would like to transfer with my work so I guess I need to carry on with the cr1 process. 

You would not be able to work or leave to go home to wrap up stuff there for at least 8 months.

 

It is a drawback of getting to stay and AOS without having to be in the CR-1 queue.

[Rocio0010 5,579]

10 hours ago, pushbrk said:

No don't withdraw anything.  You just file the rest of the forms and stay.  The man is already here, and had no intention of staying.  If circumstances change, adjusting status is not fraudulent.  Sure, plenty of people have already abused the system but this "friend" doesn't understand how.  (And apparently, neither does the person whose post I've quoted above.

 

 

No need to be condescending. I might have been mistaken in saying that they’d have to withdraw the I-130, but I believe I was right in everything else I said. If not, please point me in the right direction. Thanks 

Edited May 7, 2022 by Rocio0010

[pushbrk 12,881]

9 hours ago, Rocio0010 said:

No need to be condescending. I might have been mistaken in saying that they’d have to withdraw the I-130, but I believe I was right in everything else I said. If not, please point me in the right direction. Thanks 

The problem is your first and foremost advice was wrong, dead wrong.  Here's the right direction.  They didn't file a CR1.  They filed an I-130 that can be used for any alien relative whether seeking a visa or adjusting status.  There is no "CR1" to withdraw.  Withdrawing the petition for alien relative would be unnecessary in terms of wait time AND expense.  The correct direction for you is to actually know the processes you are advising others about, BEFORE you give advice.

 

I get that you don't like my tone, but do I have your attention now?  That's MY purpose.

[Rocio0010 5,579]

3 minutes ago, pushbrk said:

The problem is your first and foremost advice was wrong, dead wrong.  Here's the right direction.  They didn't file a CR1.  They filed an I-130 that can be used for any alien relative whether seeking a visa or adjusting status.  There is no "CR1" to withdraw.  Withdrawing the petition for alien relative would be unnecessary in terms of wait time AND expense.  The correct direction for you is to actually know the processes you are advising others about, BEFORE you give advice.

 

I get that you don't like my tone, but do I have your attention now?  That's MY purpose.

Sir, it says on the first post second paragraph that they did file a CR-1. Please re- read. In this case, you are wrong and I’m saying it with a lot of respect. I know you have a lot of experience, but you’re still not perfect and you missed this one. 
 

[pushbrk 12,881]

5 minutes ago, Rocio0010 said:

Sir, it says on the first post second paragraph that they did file a CR-1. Please re- read. In this case, you are wrong and I’m saying it with a lot of respect. I know you have a lot of experience, but you’re still not perfect and you missed this one. 
 

This is what I mean.  If you are going to advise people about the process, you need to understand it first.  Sure, THEY SAID they filed a CR1, but to advise them, you must know what that actually means.  There is no CR1 to file.  They filed a petition for alien relative.  CRI is not something you file.  It's (in this context) a visa you hope to apply for AFTER the I-130 is approved.  You don't need a NEW I-130 to switch from a hoped for visa, to a hoped for adjustment of status.

 

In the broader context CR1 is both a visa category and a residency status.  If they switch to adjusting status and complete THAT process before their second anniversary, the beneficiary will receive a  green card marked with the STATUS of CR1.  If you are going to advise people on a topic, know it first.