Told by lawyer to do IR-1 instead of K-3, questionable?

[cmnb 0]

Sure DCF is faster but if he has to fulfill the 6 month residency requirement first, then file.. depending on how quickly the process is there (say 3-4 months) wouldnt that still take about 9-10 months total...

Isnt that about the same as doing a regular CR1?

average time for IR-1/CR-1/K3 is about 10-13 months from start to finish.

[shogimatt 0]

Sure DCF is faster but if he has to fulfill the 6 month residency requirement first, then file.. depending on how quickly the process is there (say 3-4 months) wouldnt that still take about 9-10 months total...

Isnt that about the same as doing a regular CR1?

The question of DCF versus CR-1 has been a big question for us. The requirement is 6 months for Japan... and our worries center around whether or not these 6 months need to be continuous.

I tend to get sick in Japan (they don't use central heating in the winter or air conditioning in the summer where she lives), and we're worried that I'm going to have to go back to America at some point for some odd reason, which would void the time I've spent there up until that point.

Aside from the need to continuously live in Japan for 6 months, the DCF seems better: less money, less time spent waiting while the visa is processing, no need for a lawyer. Also, it seems like it would be easier to prove our marriage is real because we'll have been living there for 6 months together.

And, I want to reiterate to all of you how thankful I am to have your support and your help!

Edited December 9, 2008 by shogimatt

[Chica Yeyé 41]

DCF is much better if you can live with her. I am pretty sure the residency is indeed continuous. It results in a CR-1. Same exact visa.

Good luck!

[kaffy 2]

I'm quite sure that the residency has to be continuous also

[Thai family 0]

I would have to agree with him on skipping the K-3. Actually, your attorney must be quite honest, as they can make more if you go the K-3 route, as there is so much more paperwork.

Thai Mom

[trailmix 77]

2) He says that I don't need any proof of a bone fide marriage until my wife goes for her interview in Japan. However, I usually see that evidence of a bone fide marriage is turned in with the I-130. Is he making a mistake?

Isn't it kind of correct though? A lot of people who have applied didn't give out any proof other than marriage certificate?

I think Pushbrk also started a thread where he questioned about sending proofs while initial filling. Here is that link

No, not correct. When Pushbrk started that thread it was just after the requirements for bonafide proof of relationship changed (around March-ish 2007), with regard to filing the I-130 - some people missed including it in the months that followed (by downloading the older form - us included) and they were apparently letting it slide. I don't think that is the case anymore.

I would have to agree with him on skipping the K-3. Actually, your attorney must be quite honest, as they can make more if you go the K-3 route, as there is so much more paperwork.

Thai Mom

He is honestly a bad immigration lawyer. I would recommend you look for another lawyer, if in fact you need one at all. You have only been for the initial interview and he has made two glaring errors, go while the getting is good and good luck to you.

Edited December 9, 2008 by trailmix

[shogimatt 0]

2) He says that I don't need any proof of a bone fide marriage until my wife goes for her interview in Japan. However, I usually see that evidence of a bone fide marriage is turned in with the I-130. Is he making a mistake?

Isn't it kind of correct though? A lot of people who have applied didn't give out any proof other than marriage certificate?

I think Pushbrk also started a thread where he questioned about sending proofs while initial filling. Here is that link

No, not correct. When Pushbrk started that thread it was just after the requirements for bonafide proof of relationship changed (around March-ish 2007), with regard to filing the I-130 - some people missed including it in the months that followed (by downloading the older form - us included) and they were apparently letting it slide. I don't think that is the case anymore.

I would have to agree with him on skipping the K-3. Actually, your attorney must be quite honest, as they can make more if you go the K-3 route, as there is so much more paperwork.

Thai Mom

He is honestly a bad immigration lawyer. I would recommend you look for another lawyer, if in fact you need one at all. You have only been for the initial interview and he has made two glaring errors, go while the getting is good and good luck to you.

Thank you for your advice. I'm going to talk it over my wife and explain to her the benefits of DCF.

Part of this is trying to find a stress-minimizing journey for the both of us. I had thought that getting a lawyer and doing the process here in the US would be better, as we could get it out of our hands as soon as possible.

Now, I'm thinking that this lawyer is one more thing to worry about in the process, and that we'll be nervously checking various websites and making phone calls for the next few months to see if our I-130 is approved--instead of spending a relatively stress-free 6 months together in Japan, preparing our perfect DCF case with the help of this forum.

[rmncm 0]

Most lawyers slow the process down by weeks to months. Think of it this way, he request the information from you, you have to send it to him, he then fills out the paperwork and you have to hope and worry that he sends it off right away. IF you have a RFE then the request goes to him, then he contacts you then you have to round it up and send it back to him. Personally I would cut the middle man out and do it my self if I was you. God this process is so easy to do, its just collecting information, typing up some docs and mailing it. With all the short cuts aviable you can speed this whole thing up by a month or more.

There are 3 steps:

USCIS that takes 3-6 months depending on the service center and RFE's

NVC this can take as little as 4 weeks to complete if you have everything ready

Embassy this will take from 1-2 months depending on case load

If you go the DCF route then you could be done in as little as 8 months from the time you start your residency in Japan vrs 9-10 months filing in the states.

Good luck with your descission.

[12345678 1]

We got married this year, so we've only been married a few months. Does that mean we're actually applying for something other than an IR-1?

Yes (CR-1)

CR-1 = Conditional resident immigrant. It is the same as IR-1 just is what it is called if married less than 2 years at the time the visa is issued.

If CR-1 is used to enter the USA before 2 years of marriage, the resulting green-card will be 2 year Conditional Green-card, which requires filing to remove conditions within 90 days or the card's expiration.

If CR-1 is used to enter the USA AFTER 2 years of marriage, the resulting green-card will be 10 year Un-Conditional. (This depends on the CR-1 being issued less than 6 months before 2 years of marriage, and used after 2 years of marriage.

I just Love this forum...it is just full of all kinda important info. I have a question regarding CR1 and IR1. I got married in March 2007 and my hubby(He is US Citizen from 2006) filed for me in June 2008. So, by the time I am getting my visa approved, my marriage will be more than 2 years. So, what kinds immigration visa will be issued to me? is it going to be IR1 or CR1? Sounds like I already qualify for IR1 (Green Card with 10 years)??? Please reply me...

Edited December 9, 2008 by soniasharmin

[OBX 51]

I just Love this forum...it is just full of all kinda important info. I have a question regarding CR1 and IR1. I got married in March 2007 and my hubby(He is US Citizen from 2006) filed for me in June 2008. So, by the time I am getting my visa approved, my marriage will be more than 2 years. So, what kinds immigration visa will be issued to me? is it going to be IR1 or CR1? Sounds like I already qualify for IR1 (Green Card with 10 years)??? Please reply me...

Yes, you would qualify for the IR-1. Good luck.

[12345678 1]

I just Love this forum...it is just full of all kinda important info. I have a question regarding CR1 and IR1. I got married in March 2007 and my hubby(He is US Citizen from 2006) filed for me in June 2008. So, by the time I am getting my visa approved, my marriage will be more than 2 years. So, what kinds immigration visa will be issued to me? is it going to be IR1 or CR1? Sounds like I already qualify for IR1 (Green Card with 10 years)??? Please reply me...

Yes, you would qualify for the IR-1. Good luck.

Thanks a lot for quick reply...I have another question...May be the last one for the day!!! If I get a green card for 10yrs after POE, when do I qualify to apply for Citizenship? Is it after 3 years or 5 years?

Edited December 9, 2008 by soniasharmin

[OBX 51]

I just Love this forum...it is just full of all kinda important info. I have a question regarding CR1 and IR1. I got married in March 2007 and my hubby(He is US Citizen from 2006) filed for me in June 2008. So, by the time I am getting my visa approved, my marriage will be more than 2 years. So, what kinds immigration visa will be issued to me? is it going to be IR1 or CR1? Sounds like I already qualify for IR1 (Green Card with 10 years)??? Please reply me...

Yes, you would qualify for the IR-1. Good luck.

Thanks a lot for quick reply...I have another question...May be the last one for the day!!! If I get a green card for 10yrs after POE, when do I qualify to apply for Citizenship? Is it after 3 years or 5 years?

I believe that as long as you remain married it is 3 years and I think you can begin the process 90 days prior to the 3 year anniversary date of the issuance of your IR-1 visa.

[pushbrk 12,897]

1) Yes simply going I-130 for a IR-1 visa can save you paperwork an money (NO Adjustment of status needed)

2) K-3 and IR-1 both will need to provide relationship evidence, the I-130 used with both visas asks for this, most simply provide affidavits from fiends.

3) All visas REQUIRE US domicile, because K-3 or IR-1 require an affidavit of support from the petitioner (I-134 (K-3) or I-864 (IR-1)) In order to provide one the petitioner must show that living out of the USA was temporary. Living out of country does NOT disqualify you from applying for the visa.

If you plan on living out of country, you need to keep and maintain your US domicile.

If you plan on living in Japan for more than 6 months as a resident, you can file the I-130 directly to consulate after 6 months of residency and the visa approval may be quicker, than filing it in the USA.

2) The lawyer is not "wrong". The relationship evidence is a "should" not a requirement and there's plenty of evidence that for newlyweds who have never lived together, the "required" documentation is enough to get the petition approved. Evidence of a bona fide ongoing relationship can be saved until the interview in these cases, or you can opt to provide some with the petition. I wouldn't stress over not having do so.

DCF filing more than six months from now is unlikely to be faster than stateside filing today.

[Chica Yeyé 41]

2) The lawyer is not "wrong". The relationship evidence is a "should" not a requirement and there's plenty of evidence that for newlyweds who have never lived together, the "required" documentation is enough to get the petition approved. Evidence of a bona fide ongoing relationship can be saved until the interview in these cases, or you can opt to provide some with the petition. I wouldn't stress over not having do so.

DCF filing more than six months from now is unlikely to be faster than stateside filing today.

I would completely agree on this one.