AOS for CR1?

[Daphne . 1,913]

6 hours ago, ram1009 said:

What you don't know is that I am 78 & my wife is 74.  Time means something to us that it doesn't mean to most of you.  The downside of CR1 is the processing time.  Close to double.  I doubt this means much to my friend.  I'm still hoping to hear from a CR1 visa holder.

I was a CR1 beneficiary and I did the ROC not too long ago.
 

For the CR1 I had to provide proof that this was a bonafide marriage. USCIS doesn’t expect co-mingled finances and such at that point because they understand that couples who live in different countries might not have that type of evidence. They want to see evidence of time spent together, regular communication and such. 
 

For the ROC, we had to submit evidence that we were (still) in a bonafide marriage and at this point USCIS does expect to see co-mingled finances, joint tax filings, etc. as well as other evidence that we were still living in marital union.
 

Does this answer your question? 

Edited December 20, 2024 by Daphne .

[ram1009 46]

19 minutes ago, Daphne . said:

I was a CR1 beneficiary and I did the ROC not too long ago.
 

For the CR1 I had to provide proof that this was a bonafide marriage. USCIS doesn’t expect co-mingled finances and such at that point because they understand that couples who live in different countries might not have that type of evidence. They want to see evidence of time spent together, regular communication and such. 
 

For the ROC, we had to submit evidence that we were (still) in a bonafide marriage and at this point USCIS does expect to see co-mingled finances, joint tax filings, etc. as well as other evidence that we were still living in marital union.
 

Does this answer your question? 

I think it does.  The process sounds pretty similar.  At this point I feel we will end up in front of a judge.

[Daphne . 1,913]

1 hour ago, ram1009 said:

I think it does.  The process sounds pretty similar.  At this point I feel we will end up in front of a judge.

Based on your post history, it looks like you received an RFE for the I-751? I had the same thing because my case had been pending for so long. They sent me an RFE for updated evidence and I sent very similar but updated evidence such as a more recent joint tax filing, more recent pictures, more recent utility bills, etc. 

[spicynujac 38]

 

On 12/18/2024 at 4:04 PM, ram1009 said:

CR1 holders only need to be married for 2 years to avoid AOS completely, whereas K1 visa holders can't even apply for AOS for 3 years.  

Correct.

On 12/18/2024 at 4:04 PM, ram1009 said:

I'm wondering if the AOS process for CR1 visa holders is the same process that K1 visa holders are subjected to. 

???

No, they are not the same, as you indicated above.

The Adjustment of Status process is indeed onerous and expensive, and it's one of the drawbacks of K1 vs CR1/IR1.

Your question is confusing.  You seem to understand that CR1 holders avoid Adjustment of Status but then ask if it is the same process you go through as a K1 fiance visa holder?
That's why many are scratching their heads. 

 

If you have a friend and don't want him to go through the Adjustment of Status headache, advise him to marry and go the CR1/IR1 route.

Wife gets green card upon entry, and can immediately travel out of the country if she wants.  There is no "status" to "adjust." 

 

There *IS* an "AOS" related to a marital visa, but that is an Affadavit Of Support (one reason I dislike using acronyms).  Maybe this is causing the confusion?

Affadavit of Support is proof of income, showing that you can financially support increasing your family size.

It is filed after your I-130 is approved before your visa interview at the embassy, along with a fee of $120.

But there is no Adjustment Of Status.

[spicynujac 38]

EDIT: The only proof of relationship we had to provide were some photos and boarding passes from time we spent together, which were uploaded at the very beginning of the process when we submitted our I-130 form.  And then the original marriage certificate in person at the embassy interview.  The next time we anticipate interacting with US immigration (after Port of Entry) is when we apply for citizenship.  With the marital visa, the proving of the relationship is done on the front end, before entry to the USA.  Once she's your wife, unless there are reasons to suspect fraud, that is not typically questioned again.