CR-1/IR1 Timing

[NeedhelpCR1 0]

Hi everyone, I'm a US citizen who has been dating my GF for over 3 years now. She is a South Korean National who was living in the States (was working at an American company here) up until last Summer when she had to move back to her country for family reasons. She is going to visit me in 3 months and we had intentions to get married (on-paper). Up until a few days ago, we thought it would be okay to get married, file I-130, and then AOS while she stays with me but after doing some research on this site, this seems to be illegal due to the intent to visit on a B-2 visa being in conflict with my GF's intent to marry + stay with me afterwards. 

 

So, it seems our options are the following:

1. K-1 option

2. CR-1/IR-1

3. Marry then apply for AOS after 60 days - an immigration attorney I spoke to mentioned this could be an option (albeit risky) - he said this would be possible in my situation as we have been dating for a long time with her being in the states and so long as my GF can prove her intent was to return back to her country (return flight ticket for example) but show that things changed

 

At this point, K-1 is likely going to be out as it will take a very long time for her EAD to come out (her career has already been put somewhat on hold when she returned to her country).

Here are my questions:

• Is #3 really possible? Wanted to confirm that here or whether that's just an unnecessary risk that we shouldn't take. We certainly have lots of proof that our marriage would be bona fide (text messages, photos, etc) but my understanding is that the issue is regarding the preconceived intent on a B-2 visa
• If we decide to go with the IR1 option, can we get married while she visits me in the states, apply for I-130 then have her return to her country? Or would she have to apply for I-130 after she returns to her country first? Was a little confused about the sequencing when I looked this up.
• How long on average is it taking for the CR-1 process to be complete (Green card in hand) these days?
• Finally, is she still allowed to visit me in the states while we wait for I-130/CR-1 to be processed? Not quite sure how long it's taking these days but it was a tough pill to swallow knowing we'd have to extend how long we've been doing long distance even for longer than a year. Being able to visit each other in the meantime would really be a huge plus

 

Thanks so much in advance

[Boiler 45,729]

B2 is for visiting she will be asked the purpose of her visit and immigrating will put her on the next plane home 

 

18 months for a CR1 and many people visit during the process

[mushroomspore 3,044]

38 minutes ago, NeedhelpCR1 said:

Hi everyone, I'm a US citizen who has been dating my GF for over 3 years now. She is a South Korean National who was living in the States (was working at an American company here) up until last Summer when she had to move back to her country for family reasons. She is going to visit me in 3 months and we had intentions to get married (on-paper). Up until a few days ago, we thought it would be okay to get married, file I-130, and then AOS while she stays with me but after doing some research on this site, this seems to be illegal due to the intent to visit on a B-2 visa being in conflict with my GF's intent to marry + stay with me afterwards. 

 

So, it seems our options are the following:

1. K-1 option

2. CR-1/IR-1

3. Marry then apply for AOS after 60 days - an immigration attorney I spoke to mentioned this could be an option (albeit risky) - he said this would be possible in my situation as we have been dating for a long time with her being in the states and so long as my GF can prove her intent was to return back to her country (return flight ticket for example) but show that things changed

 

At this point, K-1 is likely going to be out as it will take a very long time for her EAD to come out (her career has already been put somewhat on hold when she returned to her country).

Here are my questions:

• Is #3 really possible? Wanted to confirm that here or whether that's just an unnecessary risk that we shouldn't take. We certainly have lots of proof that our marriage would be bona fide (text messages, photos, etc) but my understanding is that the issue is regarding the preconceived intent on a B-2 visa
• If we decide to go with the IR1 option, can we get married while she visits me in the states, apply for I-130 then have her return to her country? Or would she have to apply for I-130 after she returns to her country first? Was a little confused about the sequencing when I looked this up.
• How long on average is it taking for the CR-1 process to be complete (Green card in hand) these days?
• Finally, is she still allowed to visit me in the states while we wait for I-130/CR-1 to be processed? Not quite sure how long it's taking these days but it was a tough pill to swallow knowing we'd have to extend how long we've been doing long distance even for longer than a year. Being able to visit each other in the meantime would really be a huge plus

 

Thanks so much in advance

AOS is not available to you guys because yes, it is fraud to enter the US on a B2 with the preconceived plan of staying in the US to adjust. A B2 is strictly for tourism/visiting. AOS is only available to those who enter on K1 OR to those who enter on non-immigrant visas but their plans genuinely change after entry. Just FYI though, there is no "60 day" rule with AOS. K1 is annoying because you have to do AOS and yes the EAD takes a long time. Best option is CR1. Not sure how long it takes to get the green card but when she enters, she'll have a stamp in her passport that acts exactly the same as a green card. She can visit while the CR1 is processing but every visit is up to the discretion of CBP.

[P055UM 286]

41 minutes ago, NeedhelpCR1 said:

3. Marry then apply for AOS after 60 days - an immigration attorney I spoke to mentioned this could be an option (albeit risky) - he said this would be possible in my situation as we have been dating for a long time with her being in the states and so long as my GF can prove her intent was to return back to her country (return flight ticket for example) but show that things changed

Not only is it risky, but it is fraudulent. Coming to the US on a tourist visa with the intent of marrying and doing AoS and also carrying a case full evidence to "prove" intent of returning home is also quite deceptive. I would suggest you don't contact that attorney again.

[Crazy Cat 41,982]

43 minutes ago, NeedhelpCR1 said:

Hi everyone, I'm a US citizen who has been dating my GF for over 3 years now. She is a South Korean National who was living in the States (was working at an American company here) up until last Summer when she had to move back to her country for family reasons. She is going to visit me in 3 months and we had intentions to get married (on-paper). Up until a few days ago, we thought it would be okay to get married, file I-130, and then AOS while she stays with me but after doing some research on this site, this seems to be illegal due to the intent to visit on a B-2 visa being in conflict with my GF's intent to marry + stay with me afterwards. 

 

So, it seems our options are the following:

1. K-1 option

2. CR-1/IR-1

3. Marry then apply for AOS after 60 days - an immigration attorney I spoke to mentioned this could be an option (albeit risky) - he said this would be possible in my situation as we have been dating for a long time with her being in the states and so long as my GF can prove her intent was to return back to her country (return flight ticket for example) but show that things changed

 

At this point, K-1 is likely going to be out as it will take a very long time for her EAD to come out (her career has already been put somewhat on hold when she returned to her country).

Here are my questions:

• Is #3 really possible? Wanted to confirm that here or whether that's just an unnecessary risk that we shouldn't take. We certainly have lots of proof that our marriage would be bona fide (text messages, photos, etc) but my understanding is that the issue is regarding the preconceived intent on a B-2 visa
• If we decide to go with the IR1 option, can we get married while she visits me in the states, apply for I-130 then have her return to her country? Or would she have to apply for I-130 after she returns to her country first? Was a little confused about the sequencing when I looked this up.
• How long on average is it taking for the CR-1 process to be complete (Green card in hand) these days?
• Finally, is she still allowed to visit me in the states while we wait for I-130/CR-1 to be processed? Not quite sure how long it's taking these days but it was a tough pill to swallow knowing we'd have to extend how long we've been doing long distance even for longer than a year. Being able to visit each other in the meantime would really be a huge plus

 

Thanks so much in advance

#3 is not an option since she is not inside the US.  How would waiting 60 days change her intent when she entered the US???  In addition, what you propose is visa fraud.  Lying is never a good option. 

[NeedhelpCR1 0]

2 minutes ago, mushroomspore said:

AOS is not available to you guys because yes, it is fraud to enter the US on a B2 with the preconceived plan of staying in the US to adjust. A B2 is strictly for tourism/visiting. AOS is only available to those who enter on K1 OR to those who enter on non-immigrant visas but their plans genuinely change after entry. Just FYI though, there is no "60 day" rule with AOS. K1 is annoying because you have to do AOS and yes the EAD takes a long time. Best option is CR1. Not sure how long it takes to get the green card but when she enters, she'll have a stamp in her passport that acts exactly the same as a green card. She can visit while the CR1 is processing but every visit is up to the discretion of CBP.

 

1 minute ago, AW1704 said:

Not only is it risky, but it is fraudulent. Coming to the US on a tourist visa with the intent of marrying and doing AoS and also carrying a case full evidence to "prove" intent of returning home is also quite deceptive. I would suggest you don't contact that attorney again.

Thank you for confirming my suspicions - I appreciate it! Regarding applying for I-130 then, do I have to do that after she returns to her country or does that not really matter that much?

[Crazy Cat 41,982]

46 minutes ago, NeedhelpCR1 said:

Finally, is she still allowed to visit me in the states while we wait for I-130/CR-1 to be processed? Not quite sure how long it's taking these days but it was a tough pill to swallow knowing we'd have to extend how long we've been doing long distance even for longer than a year. Being able to visit each other in the meantime would really be a huge plus

Visiting during the process is allowed... at the discretion of CBP.  Separation is anormal part of the process.  Most of us have had to endure it.  It sucks, but it can be done.

[Crazy Cat 41,982]

2 minutes ago, NeedhelpCR1 said:

Regarding applying for I-130 then, do I have to do that after she returns to her country or does that not really matter that much?

You can submit it any time after marriage.

[mushroomspore 3,044]

2 minutes ago, NeedhelpCR1 said:

 

Thank you for confirming my suspicions - I appreciate it! Regarding applying for I-130 then, do I have to do that after she returns to her country or does that not really matter that much?

The only timing detail that matters about filing I-130 is that it must be done after you guys marry.

[pushbrk 12,994]

38 minutes ago, mushroomspore said:

The only timing detail that matters about filing I-130 is that it must be done after you guys marry.

And have certified copy of marriage certificate in hand. 😉  You can have everything ready ahead of time and just add the certificate and file.

[SalishSea 17,969]

Here is a great example of exactly why planning to come on a B visa to marry and adjust status is more than "risky."  It is straight up fraud.  Do not do it.

[SalishSea 17,969]

18 hours ago, NeedhelpCR1 said:

 

Thank you for confirming my suspicions - I appreciate it! Regarding applying for I-130 then, do I have to do that after she returns to her country or does that not really matter that much?

As your attorney is advising you to commit fraud, I'd look for a different attorney.  And do you even need one?  Most of us here have done our own processes as DIY.

[NeedhelpCR1 0]

45 minutes ago, Jorgedig said:

As your attorney is advising you to commit fraud, I'd look for a different attorney.  And do you even need one?  Most of us here have done our own processes as DIY.

The other thread you linked - I can't even imagine going through that. Sounds awful. 

 

We're looking for an attorney to feel a little bit more comfortable with the process (lots of moving parts). Definitely will have to find another attorney based on the comments here.

[SalishSea 17,969]

30 minutes ago, NeedhelpCR1 said:

We're looking for an attorney to feel a little bit more comfortable with the process (lots of moving parts)

Keep in mind that attorneys often actually CREATE additional problems and delays.  The OP in the link I posted was also told by an attorney to just have his GF come over and adjust status from a B visa.   That advice led to his current situation.

[pushbrk 12,994]

There are other services besides attorneys.  https://www.visajourney.com/partners/

 

Note also if you do it yourself, there are some questions you answer BECAUSE she is still in the USA.  Be careful to answer those correctly on the I-130.