CR-1 with previous K-1 filed for ex: any added steps?

[FranknCel 0]

Hello!

 

I'm new-not-so-new here. My husband is here on an L1A visa and I will be filing a CR-1 for him in the next couple of days. I previously filed for my ex-husband a K-1 visa and all the subsequent applications and I'm worried about the timeline.

 

In North Carolina, you have to wait a year AFTER you've moved out to file for divorce. We had separated previous to moving out so by the time I was able to actually divorce, I was already in another relationship. Our divorce finalized in late February this year and I remarried in late March.

 

Just asking for opinions: Is there anything I should add to explain the situation or should I just file as is and let them request additional evidence if they feel the need to?

 

Also, am I right to assume that the work document is no longer waived of fees when applied concurrently with the I-485?

 

Thanks in advance!

[Boiler 45,445]

Why are you going for a CR1, filing to adjust would seem simpler.

 

But then you mention the I 485 which has nothing to do with a CR1

[FranknCel 0]

4 minutes ago, Boiler said:

Why are you going for a CR1, filing to adjust would seem simpler.

 

But then you mention the I 485 which has nothing to do with a CR1

I'm rusty on this - he's here on L1A but don't I have to file for CR1 to transition him out of that? I assumed it was CR1 + I485. Please educate me if that's not the case.

[Boiler 45,445]

I 130

 

CR1 is a visa

 

Best to read the guides.

[FranknCel 0]

9 minutes ago, Boiler said:

I 130

 

CR1 is a visa

 

Best to read the guides.

Sorry! I-130 is what I meant regarding the form. Isn't CR1 the visa for I-130 if married less than two years?

[Boiler 45,445]

CR1 is the Immigrant Visa but he is adjusting. well I assume he is.

[FranknCel 0]

3 minutes ago, Boiler said:

CR1 is the Immigrant Visa but he is adjusting. well I assume he is.

Yes, he is adjusting from L1A but not since it's not via his job it gets confusing for me. I haven't been able to get a clear read on what I need to do but it seems (from what I've read) I need to file I-130 in conjunction with I-485 since he's going from a non-immigrant work visa to an immigrant family visa. Is that correct?

[Boiler 45,445]

Basically yes but sounds like you have a very limited knowledge of the process so I would start by reading the Guides.

[Cathi 5,746]

2 hours ago, FranknCel said:

Yes, he is adjusting from L1A but not since it's not via his job it gets confusing for me. I haven't been able to get a clear read on what I need to do but it seems (from what I've read) I need to file I-130 in conjunction with I-485 since he's going from a non-immigrant work visa to an immigrant family visa. Is that correct?

read the guides at the top of the page

[Crazy Cat 41,811]

2 hours ago, FranknCel said:

Yes, he is adjusting from L1A but not since it's not via his job it gets confusing for me. I haven't been able to get a clear read on what I need to do but it seems (from what I've read) I need to file I-130 in conjunction with I-485 since he's going from a non-immigrant work visa to an immigrant family visa. Is that correct?

Another vote for studying the guides or getting professional help.  The immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  Failure in any of those areas can spell big issues.  Good luck.

[FranknCel 0]

I have read the guides but none of these specifically lay out which forms I need to file for my particular case. It talks about filing for marriage based visas and not transitioning from L1 visa.
 

In the work visa guide, it only talks about the exemptions on L1 visa holders regarding work visas but also doesn’t specify which forms if you’ve married and also doesn’t mention if obtaining a work permit will void it. It says “use” so Im going to go ahead and assume you can get a work permit and just not use it. 
 

As I mentioned, everything I’ve read has been vague. But thank you all for the help. 

[FranknCel 0]

Just now, FranknCel said:

I have read the guides but none of these specifically lay out which forms I need to file for my particular case. It talks about filing for marriage based visas and not transitioning from L1 visa.
 

In the work visa guide, it only talks about the exemptions on L1 visa holders regarding work visas but also doesn’t specify which forms if you’ve married and also doesn’t mention if obtaining a work permit will void it. It says “use” so Im going to go ahead and assume you can get a work permit and just not use it. 
 

As I mentioned, everything I’ve read has been vague. But thank you all for the help. 

To add to this I personally filed a K1 visa previously and all the subsequent paperwork (I-485, I-765, and even N-400). I am well versed in the process and have plenty of knowledge on it but I was hoping I could pick brains on opinion on what I “could/should” add for evidence on my situation. It actually wasn’t a question at all about which forms to file. That came after. 
 

 

[Crazy Cat 41,811]

50 minutes ago, FranknCel said:

It talks about filing for marriage based visas and not transitioning from L1 visa.

Step 1=Deciding between a spousal visa (outside the US) or Adjustment of Status (inside the US).

There are forums here for Adjustment of Status from Work, Student, and Tourist Visas

 

Consular processing 

 

Adjustment of Status for spouses inside the US

 

Edited August 28 by Crazy Cat

[pushbrk 12,870]

Above is the applicable guide that DOES tell you which forms to file.  Visas are for entering countries.  He's already here.  He cannot get a US visa of any kind from within the USA.  He will be adjusting status from his current visa.  Follow that guide.  If you don't think you understand, or can follow those instructions, hire professional help.  Find them here.

 

https://www.visajourney.com/partners/