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Naee

CR1 help Aussie to US

By Naee in IR-1 / CR-1 Spouse Visa Process & Procedures

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Naee Newbie

Naee   0

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Filed: IR-1/CR-1 Visa Country: Australia
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Posted

Hi there I have spoken to an immigration lawyer but I want to make sure what he said was correct  because I’m reading conflicting information! 
 

he has said I can come on my tourist visa marry within 2 months of being there than apply for the cr1 petition and that I was legally aloud to stay in the US Whilst this happens? Is that true? 
 

also my fiancé is in prison, so how does the sponsorship work with this process ? 
 

thank you :) 

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Crazy Cat Grand Master

Crazy Cat   41,814

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Filed: Citizen (apr) Country: Taiwan
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Posted (edited)

Attorney's advice is not completely correct.  You cannot enter the US as a visitor with the intent to stay and live in the US. That is visa fraud. You can marry while in the US as a visitor, start the CR-1 process and leave, but you cannot enter as a visitor with the intent to stay and adjust status.  A CR-1 takes somewhere between 1-2 years.

Edited by Crazy Cat

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

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Crazy Cat Grand Master

Crazy Cat   41,814

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Filed: Citizen (apr) Country: Taiwan
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1 minute ago, Naee said:

Wow really? Why the hell would the lawyer tell me other wise !! Maybe I need to find a new lawyer ! 

Not all attorneys give good or accurate advice.  I would definitely find a new one.

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

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Boiler Grand Master

Boiler   45,451

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Filed: K-1 Visa Country: Wales
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47 minutes ago, Naee said:

Hi there I have spoken to an immigration lawyer but I want to make sure what he said was correct  because I’m reading conflicting information! 
 

he has said I can come on my tourist visa marry within 2 months of being there than apply for the cr1 petition and that I was legally aloud to stay in the US Whilst this happens? Is that true? 
 

also my fiancé is in prison, so how does the sponsorship work with this process ? 
 

thank you :) 

Assuming you are entering in the VWP that is good for 90 days, I would not go that far.

 

You can marry as soon as you want to, is this someone you have met?

 

The CR1 is something he would file and you eventually get an immigrant visa to come to the US, on entry you become a Permanent Resident can work etc.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Naee Newbie

Naee   0

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Filed: IR-1/CR-1 Visa Country: Australia
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Posted

Yes that’s what the lawyer said but then he said that I could change my status over there which is what I thought was not right information! 
 

I Have a job offer over there and a letter of offer but the type of Work is unable to be sponsored

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Boiler Grand Master

Boiler   45,451

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Filed: K-1 Visa Country: Wales
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3 minutes ago, Naee said:

Yes that’s what the lawyer said but then he said that I could change my status over there which is what I thought was not right information! 
 

I Have a job offer over there and a letter of offer but the type of Work is unable to be sponsored

A CR1 means you can accept that job immediately on arrival, change of status is generally for those here already or who have a dual intent visa.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Daphne . Proficient

Daphne .   1,852

Posted
Filed: Lift. Cond. (apr) Country: Netherlands
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Posted

No, the info that the lawyer gave you is incorrect. And even if it was correct, you wouldn’t be able to start working immediately anyway.

 

Depending in how long your partner has been in prison, they will very likely need a joint sponsor, so best to have one of those lined up too. 

“It’s been 84 years…” 

- Me talking about the progress of my I-751

 

 

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SalishSea Grand Master

SalishSea   17,809

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Filed: Lift. Cond. (apr) Country: New Zealand
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Posted
3 hours ago, Naee said:

Wow really? Why the hell would the lawyer tell me other wise !! Maybe I need to find a new lawyer ! 

Yes, you do.   That plan is 100% fraud.

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appleblossom Experienced

appleblossom   2,448

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Filed: EB-1 Visa Country: United Kingdom
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Posted
30 minutes ago, SalishSea said:

Yes, you do.   That plan is 100% fraud.

 

+1. Ask that lawyer to put his advice in writing - bet he won't! 😂

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Ryan H Grand Master

Ryan H   3,812

Posted
Filed: Lift. Cond. (apr) Country: China
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Posted

Moved from Progress Reports to Process & Procedures.

Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

December 18, 2023:  Filed I-90 to renew Green Card

December 21, 2023:  Production of new Green Card ordered - will be seeing USCIS again every 10 years for renewal

 

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pushbrk Grand Master

pushbrk   12,870

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Filed: Other Country: China
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17 hours ago, Skyyy said:

You can do the i130 petition process by your own.

It is allowed, but not everybody has the aptitude, attention to detail, and motivation etc. necessary to do it themselves.  Many do, but many don't.

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

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