Just Married... Many Questions!

[Shadowman]

I'm new to this forum, so I apologize in advance if my questions have been addressed in previous threads...

 

First question...

I was married in China in January. I had assumed I would be filing for a K-3 Visa, but I've recently seen references to a IR-1/CR-1 Visa (which seems to be a more streamlined process). I haven't been able to find much info on the IR-1/CR-1. And what exactly is the difference between the IR-1 and CR-1?

 

I've tried to decipher this info from VisaJourney.com ( http://www.visajourney.com/forums/index.ph...mp;page=compare ): This is basically the 1st half of the K-3 process. If you file for a K-3 you are filing to get an IR-1 / CR-1 by default (filing an I-130) as well as for the K-3. The K-3 was designed to allow the foreign spouse to enter the US even if the I-130 has not been approved. In most cases this works out well since the I-130 takes so long to approve and the K-3 is relatively fast. In some cases the I-130 is approved fast enough though that this option is better than a K-3 (or if the applicant applied for a K-3 -- i.e. filed an I-129f -- then they can abandon the K-3 and pursue the IR-1 / CR-1 instead).

 

Am I the only one who finds that paragraph confusing? I travel to China frequently for work, so I'm not too concerned with one being slightly quicker than the other. I just want to take the easiest route (from a paperwork/bureaucracy standpoint... don't we all!) In any case... they both seem to start with filing the I-130... is this the correct "first step".

 

Second question...

I'm giving serious consideration to living/working in China... assuming, of course, that I can transfer with my current company or find a comparable salary there (yeah, right). If I do start down the Visa path while here in the USA, what happens 6 months from now, if I have found work and moved to China?

 

Thanks!

[Guest Rob & Jin]

K-3 would be a little faster, however you would then have to file for AOS/EAD/ AP, IR-1/CR-1 alittle slower, but you get the unconditional 10 year LPR- green card straight off the bat. Meaning she can work, get her SSN and drivers license much easier.

[Shadowman]

Thanks... I like the sound of "unconditional 10 year LPR - green card straight off the bat"... along with the other benefits you mentioned. And... fewer acronyms!

[Randy W]

Thanks... I like the sound of "unconditional 10 year LPR - green card straight off the bat"... along with the other benefits you mentioned. And... fewer acronyms!

The unconditional 10 year green card comes only if the visa is used AFTER your 2nd anniversary. Before that time, she would get a 2 year conditional card with the same privileges, but you would then file to remove conditions before that card expires.

[Corbin]

Thanks... I like the sound of "unconditional 10 year LPR - green card straight off the bat"... along with the other benefits you mentioned. And... fewer acronyms!

The unconditional 10 year green card comes only if the visa is used AFTER your 2nd anniversary. Before that time, she would get a 2 year conditional card with the same privileges, but you would then file to remove conditions before that card expires.

How soon can one file to remove the condition?

[clearbluesky]

Hello,

 

We just finished CR1 process and received visa last month.

 

Check out our timeline which I posted on Interview result section.

 

I filed CR1 petition from USCIS office in Beijing, which I think it takes bit faster then if you were to start filing from US. It took us 9 months but we have 3 months in between we held on to process since we had our first son. And since you mentioned about working in China, this is an option you could consider.

 

Good luck and wish you the best.

 

Ken

[MikeXiao]

You file to remove the conditions inside of the 90 day window prior to the second anniversary of entry into the US.

 

The CR-1 route is how we ended up going. The K-3 process may be quicker, but in the CR-1 you do not need to file the change of status. I filed the papers for both routes and the CR-1 got there ahead of the K-3.

[Shadowman]

Hello,

 

We just finished CR1 process and received visa last month.

 

Check out our timeline which I posted on Interview result section.

 

I filed CR1 petition from USCIS office in Beijing, which I think it takes bit faster then if you were to start filing from US. It took us 9 months but we have 3 months in between we held on to process since we had our first son. And since you mentioned about working in China, this is an option you could consider.

 

Good luck and wish you the best.

 

Ken

Thanks CBS... I just finished reading your posts in the Interview Results section... Congratulations! I'm glad everything worked out for you. I have to admit, reading the interview results has me really scared. But since I haven't even filed yet, I have plenty of time to get it all figured out... and work on that "evolution of relationship" statement.

[Corbin]

You file to remove the conditions inside of the 90 day window prior to the second anniversary of entry into the US.

 

The CR-1 route is how we ended up going. The K-3 process may be quicker, but in the CR-1 you do not need to file the change of status. I filed the papers for both routes and the CR-1 got there ahead of the K-3.

Thanks, that clears that up for me. Was kind of hoping that it could be done sooner, but thats not the case and oh well.

[Yuanyang]

Hello,

 

We just finished CR1 process and received visa last month.

 

Check out our timeline which I posted on Interview result section.

 

I filed CR1 petition from USCIS office in Beijing, which I think it takes bit faster then if you were to start filing from US. It took us 9 months but we have 3 months in between we held on to process since we had our first son. And since you mentioned about working in China, this is an option you could consider.

 

Good luck and wish you the best.

 

Ken

Thanks CBS... I just finished reading your posts in the Interview Results section... Congratulations! I'm glad everything worked out for you. I have to admit, reading the interview results has me really scared. But since I haven't even filed yet, I have plenty of time to get it all figured out... and work on that "evolution of relationship" statement.

Direct Consulate Filing (DFC) is a good way to proceed if you are working/living in China.

[dnoblett]

You file to remove the conditions inside of the 90 day window prior to the second anniversary of entry into the US.

 

The CR-1 route is how we ended up going. The K-3 process may be quicker, but in the CR-1 you do not need to file the change of status. I filed the papers for both routes and the CR-1 got there ahead of the K-3.

Thanks, that clears that up for me. Was kind of hoping that it could be done sooner, but thats not the case and oh well.

Actually it is NOT 2nd anniversary of entry to the USA it is 2nd anniversary of getting conditional green-card, K-1 and K-3 obtain the conditional green card after adjustment of status, this is when the clock starts for them, NOT date of entry.

[Shadowman]

Actually it is NOT 2nd anniversary of entry to the USA it is 2nd anniversary of getting conditional green-card, K-1 and K-3 obtain the conditional green card after adjustment of status, this is when the clock starts for them, NOT date of entry.

Correct.

I found a pretty clear explanation of this on another website:

 

"Also, if your relative is your wife or husband and you have been married for less than 2 years at the time of his/her arrival at a port of entry, then he/she will receive a temporary I-551 Stamp and then later a Green Card by mail good for only 2 years. Ninety days before the green card expires you will have to file an I-751 form to remove it's

conditional status."

[MikeXiao]

Sorry, I should have explained it better. It is the second anniversary of entry into the US if you are CR-1. Not if you are K-1 or K-3. Then it is based on AOS.

Edited February 3, 2008 by MikeXiao (see edit history)

[Randy W]

Sorry, I should have explained it better. It is the second anniversary of entry into the US if you are CR-1. Not if you are K-1 or K-3. Then it is based on AOS.

 

 

No matter which way you go, look at the green card expiration date. Apply to remove conditions within that 90 day window PRIOR TO THE GREEN CARD EXPIRATION.