Newly married

[aligator40 1]

Hi.

 

first day reading this forum and I am trying to unpack all the information from this wonderful forum. I hope you don't mind my very green understanding of things as of now.

 

I proposed and married my girl after a year and a half of being together and dealing with the challenges of being together. she is from Japan and I am us citizen and came on an ESTA visa.

 

she said yes, we married now I want to have her be able to stay here with me. 

 

So, I see that we could apply for a Adjustment of Status before she leaves.  is that the same as the IR-1/CR-1?

I am thinking to apply my myself. Hope this is possible. any help will be appreciated.

 

Thanks you all for helping us.

 

 

[OldUser 6,607]

Adjustment of status is not the same as CR-1 / IR-1 visa.

 

The biggest differences:

- The cost ( Adjustment of status is much more expensive)

- Ability to work and leave the US (adjustment is more restrictive)

 

In both cases, however, filing I-130 is required. 

Edited September 1 by OldUser

[Crazy Cat 41,811]

To apply for adjustment of status, follow this guide.  Be aware that she will not be able to leave the US or work for several months.

 

 

[OldUser 6,607]

Just now, Crazy Cat said:

To apply for adjustment of status, follow this guide.  Be aware that she will not be able to leave the US or work for several months.

 

 

Please post your comparison, it may help OP

[Crazy Cat 41,811]

Every couple has their own priorities, and each couple must decide which situation is better for themselves.

Adjustment of Status (Done inside the US)
  More expensive than CR-1
  Spouse can not leave the US until she/he receives approved Advance Parole (approx 3-6 months) 
  Spouse can not work until she/he receives EAD (approx 3-6 months) 
  Some people have had problems with driver licenses, Social Security cards, leases, bank account during this period 
  Spouse will not receive Green Card for many months after Adjustment of Status is filed.

  The clock for citizenship eligibility does not start until Green card is approved.
  
CR-1/IR-1 (Done outside the US)
  Less expensive than AOS
  No Adjustment of Status(I-485, I-131, I-765) required. 
  Spouse can immediately travel outside the US 
  Spouse is authorized to work immediately upon arrival. 
  Spouse receives Social Security Card and Green Card within 2 or 3 weeks after entering the US 
  Opening a bank account, getting a driver's license, etc. are very easily accomplished with GC, SS card, and passport.
  Spouse has legal permanent Resident status IMMEDIATELY upon entry to US.

  A CR-1/IR-1 case can be delayed indefinitely at NVC if the need arises. 
  The clock for citizenship filing starts immediately upon entry to the US.
 
   

 

Edited September 1 by Crazy Cat

[Daphne . 1,852]

Talk to her first to see how she feels about being stuck for a while without being able to work or leave. The adjustment of status process always sounds great until it doesn’t. 
 

If she is good with the above, you can start the adjustment of status process. If she’s not, then go the CR1 route and have her leave after her visit. 

[aligator40 1]

oh wow. I see I had it all wrong maybe.

 

So, we are married already and she is here with me. She will be ok to stay for a year without leaving if necessary. I thought that K1- K-3 was for fiancee and to apply from outside the US and that they will take a very long time and that she could not visit me while in process . I can't be traveling too much. I see I need to read a lot more. 

 

ok, so , AOS will be K-1 visa application . I will look for the guides for that.

 

ok, so if we take the Ir-1/CR-1 route she needs to leave and apply in Japan? is this longer time? can she visit while we wait? I am worry about some people saying that can take 2 years and more.

 

this has been so helpful already. many thanks to all of you.

 

Hope to learn more soon.

 

Thanks

[OldUser 6,607]

3 minutes ago, aligator40 said:

oh wow. I see I had it all wrong maybe.

 

So, we are married already and she is here with me. She will be ok to stay for a year without leaving if necessary. I thought that K1- K-3 was for fiancee and to apply from outside the US and that they will take a very long time and that she could not visit me while in process . I can't be traveling too much. I see I need to read a lot more. 

 

ok, so , AOS will be K-1 visa application . I will look for the guides for that.

 

ok, so if we take the Ir-1/CR-1 route she needs to leave and apply in Japan? is this longer time? can she visit while we wait? I am worry about some people saying that can take 2 years and more.

 

this has been so helpful already. many thanks to all of you.

 

Hope to learn more soon.

 

Thanks

No, AOS is not related to K-1 in this case.

 

K-1 is only for fiance, but you're already married. 

 

Plus if adjusting status, you're not getting any visa.

 

Before making this important decision, please consult with your spouse and make sure she understands the implications of not being to easily travel back or not being able to work while waiting for GC. Especially if they have elder parents, kids etc back in Japan.

 

Another important aspect of adjustment is being able to sponsor the immigrant. Please check if your income meets the requirements for I-864, and if not, you need to find a joint sponsor.

Edited September 1 by OldUser

[Crazy Cat 41,811]

3 minutes ago, aligator40 said:

ok, so , AOS will be K-1 visa application

No.  K-1 is only for fiancees...

After you are married either a CR-1 or Adjustment of Status would apply. 

 

[OldUser 6,607]

5 minutes ago, aligator40 said:

ok, so if we take the Ir-1/CR-1 route she needs to leave and apply in Japan?

You'll apply for I-130, she'll leave, and once I-130 is approved she can apply for immigrant visa by filing DS-260

 

 

[OldUser 6,607]

8 minutes ago, aligator40 said:

is this longer time?

If you count the time to receive GC it is similar timeline. If you count time to enter the US, with AOS she's already here so that's a winner in this sense.

[aligator40 1]

5 minutes ago, OldUser said:

No, AOS is not related to K-1.

 

K-1 is only for fiance, but you're already married. 

 

Plus if adjusting status, you're not getting any visa.

 

Before making this important decision, please consult with your spouse and make sure they understand the implications of not being to easily travel back or not being able to work while waiting for GC. Especially if they have elder parents, kids etc back in Japan.

 

 

Thanks SO much for your response.

Yes, she is ok and understands she has to stay and wait here.

 

is there I guide on this forum about filling for AOS? would love to get the forms and take a look.

 

I will gather all information before we make a decision.

 

Thanks again.

[OldUser 6,607]

9 minutes ago, aligator40 said:

can she visit while we wait? I am worry about some people saying that can take 2 years and more.

In general, yes, she can visit while waiting. Especially if she leaves within the time limit of Esta authorization period. Of course, any entry of visitor to the US is subject to CBP approval.

 

You can also visit Japan, it's a beautiful country with pretty affordable prices due to current exchange rate.

[OldUser 6,607]

4 minutes ago, aligator40 said:

 

 

Thanks SO much for your response.

Yes, she is ok and understands she has to stay and wait here.

 

is there I guide on this forum about filling for AOS? would love to get the forms and take a look.

 

I will gather all information before we make a decision.

 

Thanks again.

The guide you saw earlier is good. The only difference to K-1 you don't need I-129F and instead need to file I-130 and I-485 together. Highly recommend filing I-131 and I-765 even if there are no plans of working / travelling right now. It takes a while to get them approved, so won't be able to get it fast if suddely need them.

 

I-765 is a great ID allowing to get Drivers license, open bank accounts etc

 

 

Edited September 1 by OldUser

[aligator40 1]

1 minute ago, OldUser said:

In general, yes, she can visit while waiting. Especially if she leaves within the time limit of Esta authorization period. Of course, any entry of visitor to the US is subject to CBP approval.

 

You can also visit Japan, it's a beautiful country with pretty affordable prices due to current exchange rate.

 

really? she can still visit on ESTA while she waits for her application if she applies from Japan? I thought that was no possible.

 

yes, definitely Japan is amazing, loved it, in the future we hope to move there but for now I need to be in US for at least 5 years to finish my job.

 

scratching my head trying to figure out the best route to take. we been traveling back and forth for over a year and its been good but challenging. specially on her ESTA.

 

thanks again.