let me get this right
#31
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Joined: Aug 2002
Location: Kentucky
Posts: 38,865
Re: let me get this right
Oh, okay... well then, I'm about to go off on a tangent. Am I interpreting this correctly - your future wife pretty much has nothing whatsoever to do with her own child? It's a bit unusual, don't you think?
Please understand - it doesn't matter to me at all... but an immigration officer might question such an arrangement.
Ian
Please understand - it doesn't matter to me at all... but an immigration officer might question such an arrangement.
Ian
#32
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Joined: Mar 2014
Posts: 85
Re: let me get this right
well thats easily explained its health reasons, its not that she doesnt have anything to do with the child but he is registered at his grandparents. i dont know all the ins and outs of it though.
why would they ask me? or would they ask her ?
why would they ask me? or would they ask her ?
#37
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Joined: Aug 2002
Location: Kentucky
Posts: 38,865
Re: let me get this right
When it comes time to adjust your status, you'll be required to list the child on the I-485 - and it may seem odd if there's a young child involved who isn't also accounted for on the I-864. As you say, it's easily explainable... but it's one of those things that the officer might question.
Ian
Ian
#39
Re: let me get this right
On the K-1 visa, that is a non immigrant visa allowing you to enter the US to marry your fiancée but you aren't a legal permanent resident until you get married and go through an adjustment of status (AOS) process which could take about 6 months. During the AOS process, you can't leave the country unless you have an advance parole document (AP) and you can't work unless you have an Employment Authorization Document (EAD) and both typically take about 60-90 days to arrive after applying for the AOS. You also don't become a legal permanent resident and get your green card until about 6 months after you apply for the AOS.
Some prefer to get married in advance (could be anywhere) and apply for the CR-1 immigration visa since the procedure is a one step process, is slightly cheaper, and as soon as you enter the US, you can work, leave the country to tie up loose ends, and have the right to remain in the US. The disadvantage is the process can't start until you get married and you'll be living apart for a period of time after marriage before the visa is issued.
Some prefer the K-1 visa since they can start the process immediately and they won't be separated after marriage.
For either, you can visit the US while the visa process is occurring.
Therefore if you understand the differences, you chose the one that is best for you and then you and your spouse/fiancée start the process by filling out the forms and going though the procedure required.
Last edited by Michael; May 21st 2014 at 1:44 am.
#40
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Joined: Mar 2014
Posts: 85
Re: let me get this right
When it comes time to adjust your status, you'll be required to list the child on the I-485 - and it may seem odd if there's a young child involved who isn't also accounted for on the I-864. As you say, it's easily explainable... but it's one of those things that the officer might question.
Ian
Ian
#41
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Thread Starter
Joined: Mar 2014
Posts: 85
Re: let me get this right
Basically there are a bunch of things to do for both processes but the main difference is that with a CR-1 immigration visa, as soon as you enter the US, you are a legal permanent resident with a temporary one year I-551 stamp (green card) in your passport and within a few weeks, you should get the physical green card in the mail. That means you can seek and start employment from day 1 or even leave the country.
On the K-1 visa, that is a non immigrant visa allowing you to enter the US to marry your fiancée but you aren't a legal permanent resident until you get married and go through an adjustment of status (AOS) process which could take about 6 months. During the AOS process, you can't leave the country unless you have an advance parole document (AP) and you can't work unless you have an Employment Authorization Document (EAD) and both typically take about 60-90 days to arrive after applying for the AOS. You also don't become a legal permanent resident and get your green card until about 6 months after you apply for the AOS.
Some prefer to get married in advance (could be anywhere) and apply for the CR-1 immigration visa since the procedure is a one step process, is slightly cheaper, and as soon as you enter the US, you can work, leave the country to tie up loose ends, and have the right to remain in the US. The disadvantage is the process can't start until you get married and you'll be living apart for a period of time after marriage before the visa is issued.
Some prefer the K-1 visa since they can start the process immediately and they won't be separated after marriage.
For either, you can visit the US while the visa process is occurring.
Therefore if you understand the differences, you chose the one that is best for you and then you and your spouse/fiancée start the process by filling out the forms and going though the procedure required.
On the K-1 visa, that is a non immigrant visa allowing you to enter the US to marry your fiancée but you aren't a legal permanent resident until you get married and go through an adjustment of status (AOS) process which could take about 6 months. During the AOS process, you can't leave the country unless you have an advance parole document (AP) and you can't work unless you have an Employment Authorization Document (EAD) and both typically take about 60-90 days to arrive after applying for the AOS. You also don't become a legal permanent resident and get your green card until about 6 months after you apply for the AOS.
Some prefer to get married in advance (could be anywhere) and apply for the CR-1 immigration visa since the procedure is a one step process, is slightly cheaper, and as soon as you enter the US, you can work, leave the country to tie up loose ends, and have the right to remain in the US. The disadvantage is the process can't start until you get married and you'll be living apart for a period of time after marriage before the visa is issued.
Some prefer the K-1 visa since they can start the process immediately and they won't be separated after marriage.
For either, you can visit the US while the visa process is occurring.
Therefore if you understand the differences, you chose the one that is best for you and then you and your spouse/fiancée start the process by filling out the forms and going though the procedure required.
#42
Re: let me get this right
now im thinking the first one is best but im a little confused about something regarding a 2 year mark of marriage ive read briefly you can get married and then apply for a certain thing if youve been married less than 2 years but what if you get married and time passes over 2 years before doing any of this? because that could potentially happen.
Rene
#44
Re: let me get this right
The only difference between a CR-1 and IR-1 visa is that when you get your green card, it will be conditional (CR-1) if married less than 2 years and you'll have to remove conditions after two years (prove that your marriage was entered into in good faith) but if you enter the US after two years of marriage, the green card is unconditional since USCIS assumes that since you were married so long, the marriage must not be fraudulent. The process is exactly the same for either one (you don't apply for one or the other but it just occurs depending on the length of the marriage).
With either one, after 3 years of legal permanent residency and you are still married, you can naturalize and become a US citizen (you'll still also be a British citizen). If you aren't still married, you must wait for 5 years to naturalize.
With either one, after 3 years of legal permanent residency and you are still married, you can naturalize and become a US citizen (you'll still also be a British citizen). If you aren't still married, you must wait for 5 years to naturalize.
#45
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Thread Starter
Joined: Mar 2014
Posts: 85
Re: let me get this right
The only difference between a CR-1 and IR-1 visa is that when you get your green card, it will be conditional (CR-1) if married less than 2 years and you'll have to remove conditions after two years (prove that your marriage was entered into in good faith) but if you enter the US after two years of marriage, the green card is unconditional since USCIS assumes that since you were married so long, the marriage must not be fraudulent. The process is exactly the same for either one (you don't apply for one or the other but it just occurs depending on the length of the marriage).
With either one, after 3 years of legal permanent residency and you are still married, you can naturalize and become a US citizen (you'll still also be a British citizen). If you aren't still married, you must wait for 5 years to naturalize.
With either one, after 3 years of legal permanent residency and you are still married, you can naturalize and become a US citizen (you'll still also be a British citizen). If you aren't still married, you must wait for 5 years to naturalize.