let me get this right

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Old May 20th 2014, 4:03 pm
  #31  
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Default Re: let me get this right

Originally Posted by totalguy
yes they do
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
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Old May 20th 2014, 6:18 pm
  #32  
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Default 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 ?
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Old May 20th 2014, 6:24 pm
  #33  
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Default Re: let me get this right

Originally Posted by ian-mstm
I'm happy to be proven wrong on this one, but I'm pretty sure that living in the same house (officially or otherwise) isn't the sole criterium for determining whether or not someone is included as part of the household.

Ian
The word you're after is "criterion", Ian.
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Old May 20th 2014, 6:26 pm
  #34  
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Default Re: let me get this right

Originally Posted by Owen778
The word you're after is "criterion", Ian.
I disagree; criterium is a much better word!
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Old May 20th 2014, 6:30 pm
  #35  
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Default Re: let me get this right

Originally Posted by Zoe Bell
I disagree; criterium is a much better word!
Maybe, but if he's talking about bike races, he's gone off topic!
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Old May 20th 2014, 7:24 pm
  #36  
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Default Re: let me get this right

Originally Posted by Owen778
The word you're after is "criterion", Ian.
OMG! I've been writing that incorrectly for years... holy crow! Why didn't anyone point this out to me before? <egg on face>

Thanks! Lesson learned!

Ian
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Old May 20th 2014, 7:32 pm
  #37  
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Default Re: let me get this right

Originally Posted by totalguy
why would they ask me? or would they ask her ?
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
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Old May 20th 2014, 8:31 pm
  #38  
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Default Re: let me get this right

Originally Posted by ian-mstm
OMG! I've been writing that incorrectly for years... holy crow! Why didn't anyone point this out to me before? <egg on face>

Thanks! Lesson learned!

Ian
Happy to help.
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Old May 21st 2014, 1:34 am
  #39  
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Default Re: let me get this right

Originally Posted by totalguy
im not sure to be honest, i had a quick look at that link and all the information is too overwhelming for my brain at the moment i hate it when things like this happen to me grr!
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.

Last edited by Michael; May 21st 2014 at 1:44 am.
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Old May 21st 2014, 11:33 am
  #40  
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Default Re: let me get this right

Originally Posted by ian-mstm
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
how would that affect things? would it change the financial requirements ?
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Old May 21st 2014, 11:35 am
  #41  
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Default Re: let me get this right

Originally Posted by Michael
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.
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.
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Old May 21st 2014, 11:44 am
  #42  
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Default Re: let me get this right

Originally Posted by totalguy
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.
If you are married and doing an immigrant visa, don't let the length of marriage be of concern. Once you enter the USA using the immigrant visa, you become a permanent resident regardless.

Rene
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Old May 21st 2014, 12:20 pm
  #43  
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Default Re: let me get this right

Originally Posted by Noorah101
If you are married and doing an immigrant visa, don't let the length of marriage be of concern. Once you enter the USA using the immigrant visa, you become a permanent resident regardless.

Rene
ok thank you
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Old May 21st 2014, 2:05 pm
  #44  
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Default Re: let me get this right

Originally Posted by totalguy
ok thank you
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.
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Old May 21st 2014, 2:07 pm
  #45  
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Default Re: let me get this right

Originally Posted by Michael
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.
thank you thats great
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