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LadyJane

H1B visa while processing CR-01/IR-01?

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

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LadyJane Community Regular

LadyJane   1

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

Hi all,

My husband (the Canadian) and I (the USC) are in the process of applying for his green card by marriage. So, it's the well known process of submitting an I-130, going through the NVC, and then the interview at the consulate. We just got to the NVC, and the wait time for the Montreal consulate interview looks to be 4-6 months once we get done at the NVC. So it seems like it would take 6-10 months until he can get his green card via the CR-01/IR-01 route.

He has been offered a job in a university lab and they will sponsor him for an H1-B visa. They want him here ASAP. This H1-B process can take anywhere from 1-3 months to obtain. Now I know that the H1-B visa is considered a dual intent visa, meaning that he can apply for adjustment of status once he is here on his H1-B.

I really do not want to deal with the USCIS any more than necessary, especially after they raised their fees! And I've heard so many horror stories from VJer's about the AOS process that I would just prefer to continue on the CR-01/IR-01 route if I can.

My question is: Is is possible to continue the CR-01/IR-01 visa application if my husband has his H1-B visa?

Thanks for your help!

:) Lady Jane

CR1 application

I-130: 03/26/2007-07/02/2007 at NSC

NVC: 07/20/2007-11/08/2007

Interview at Montreal Consulate: 01/18/2008

(2 months' additional security checks)

Received Green Card: 05/12/2008

Removal of Conditions

I-751: 2/25/10-

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pushbrk Grand Master

pushbrk   12,566

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Filed: Other Country: China
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Posted
Hi all,

My husband (the Canadian) and I (the USC) are in the process of applying for his green card by marriage. So, it's the well known process of submitting an I-130, going through the NVC, and then the interview at the consulate. We just got to the NVC, and the wait time for the Montreal consulate interview looks to be 4-6 months once we get done at the NVC. So it seems like it would take 6-10 months until he can get his green card via the CR-01/IR-01 route.

He has been offered a job in a university lab and they will sponsor him for an H1-B visa. They want him here ASAP. This H1-B process can take anywhere from 1-3 months to obtain. Now I know that the H1-B visa is considered a dual intent visa, meaning that he can apply for adjustment of status once he is here on his H1-B.

I really do not want to deal with the USCIS any more than necessary, especially after they raised their fees! And I've heard so many horror stories from VJer's about the AOS process that I would just prefer to continue on the CR-01/IR-01 route if I can.

My question is: Is is possible to continue the CR-01/IR-01 visa application if my husband has his H1-B visa?

Thanks for your help!

:) Lady Jane

Yes, you can continue the IR visa process but he will need to return to Canada for the interview.

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

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LadyJane Community Regular

LadyJane   1

Posted
Filed: IR-1/CR-1 Visa Country: Canada
 Timeline
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Posted

That's what we thought, thanks for confirming! :D

CR1 application

I-130: 03/26/2007-07/02/2007 at NSC

NVC: 07/20/2007-11/08/2007

Interview at Montreal Consulate: 01/18/2008

(2 months' additional security checks)

Received Green Card: 05/12/2008

Removal of Conditions

I-751: 2/25/10-

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