What is a CR1 and who can file

[TheMace]

Hi everyone. Some of you have read my first posting about getting the blue slip for more infor and after furnishing them with this info we got a letter saying denied petition not a bona fide relationship. I think the next worst thing to being denied is to not really know why, only that it was deemed not a bona fide relationship and no facts as to why they view our relationship as not a bona fide relationship. As some of you have also read, I plan on going to chongqing in October and marry Xianxiu and file a I-130. even though we have no idea why the fiancee visa was denied. I don't know if this will be denied also as we have no idea as I just stated why the fiancee petition was denied.

 

I have heard of the CR1, but do not know what it really is or who is able to submit this type of form rather than the I-130 petition. Can someone explain the CR1 to me. Just wondering if we should do this rather than file a I-130. Regardless I am going to Chongqing and we are getting married. Whether the I-130 or the CR1 is the way to try we would really like to know our best route.

 

I really hope to hear from someone who has gone through the denial process to the very end, even though I understand the not a bona fide relationship is a vague term and the exact reason may be different for each of us. I would really like to hear what the final steps they took to end.

 

Thanks everyone,

Gary

[NewDay2006]

I can only tell you that a I-130 and cr1 is the same thing, a petition for a relative to obtain a visa. Someone more qualified to answer the rest of you question will help I'm sure.

[Randy W]

Hi everyone. Some of you have read my first posting about getting the blue slip for more infor and after furnishing them with this info we got a letter saying denied petition not a bona fide relationship. I think the next worst thing to being denied is to not really know why, only that it was deemed not a bona fide relationship and no facts as to why they view our relationship as not a bona fide relationship. As some of you have also read, I plan on going to chongqing in October and marry Xianxiu and file a I-130. even though we have no idea why the fiancee visa was denied. I don't know if this will be denied also as we have no idea as I just stated why the fiancee petition was denied.

 

I have heard of the CR1, but do not know what it really is or who is able to submit this type of form rather than the I-130 petition. Can someone explain the CR1 to me. Just wondering if we should do this rather than file a I-130. Regardless I am going to Chongqing and we are getting married. Whether the I-130 or the CR1 is the way to try we would really like to know our best route.

 

I really hope to hear from someone who has gone through the denial process to the very end, even though I understand the not a bona fide relationship is a vague term and the exact reason may be different for each of us. I would really like to hear what the final steps they took to end.

 

Thanks everyone,

Gary

 

 

You have heard from several already.

 

The "Not a Bonafide Relationship" banner is a reason that passes all legal muster - the USCIS cannot refute (they weren't at the interview). It holds up unless the VO decides to change his mind, with no explanation needed.

 

The CR1 is the visa your wife will get as a result of you filing the I-130. You may also file another I-129F after you get the NOA1 receipt for the I-130/CR1 petition. The I-129F may result in a K-3 visa.

[TheMace]

Thanks, I'll keep an eye out for any other replies.

 

I can only tell you that a I-130 and cr1 is the same thing, a petition for a relative to obtain a visa. Someone more qualified to answer the rest of you question will help I'm sure.

[406camaro]

was your fiances officer at interview name M

[Sebastian]

The I-130 is the petition that you file.

 

The CR-1 is the type of Permanent Residency Status granted, and is backed up with a green card, CR-1 for 2 years, is conditional, and an IR-1, for 10 years, with out conditions.

 

A CR-1 is granted when yer lass successfully completes her interview at GUZ for the very last part of the I-130 petition process. Once she's successful, she's given a travel visa stamp in her passport. Once she arrives in the USA, the Green Card will be mailed out (unless appointments get set for biometrics)

 

As to 'who can file' - A USC files on behalf of his foreign spouse. I think a PR can do it too, but I don't recall exactly.

 

That's the Cliff Notes Version - have you read the ez-faq here?

 

list of faqs - http://candleforlove.com/forums/index.php?...mp;#entry233487

 

and the EZ-FAQ -

http://candleforlove.com/FAQ/CFL_EZ_FAQ.htm

 

It's a long weekend, worth a read..

Edited August 30, 2008 by Darnell (see edit history)

[chilton747]

I have been waiting for 2 years for a NOID letter. GZ held on to the file for 18 months before they sent it back. The file went back to the CSC where it was first filed and all indications are that I will never get the NOID letter. CSC usually does not send them out, they just let the case expire. So if you wait on the NOID then you might be waiting forever if you went through the CSC.

[dnoblett]

When married to a person you can file an I-130 to USCIS or if living in foreign country you can file to US consulate.

 

I-130 filing results in a CR-1 IMMIGRANT visa if married less than 2 years, OR an IR-1 visa if married more than 2 year when the visa is issued.

 

CR = Conditional Resident, that is if green-card is issued before 2 years of marriage that is the Visa is used to enter the USA before 2nd wedding anniversary, the resulting green-card will be a 2 YR Conditional Resident Green-card, which will require the removing of the conditions by filing form I-751 within 90 days of the CR-Green-card's expiration.

 

If entry to the USA on CR-1 happens after 2 years of marriage the visa will be treated as an IR-1 visa and the resulting green-card will be an unconditional 10 year card, NO conditions to remove.

 

IR-1 visa automatically gets the 10 year card.

[CoolGT]

no matter what you choose you still have to go through GUZ.

k1 is the fastest, since you got denied the only option is wait or you move to china and married live in china with your wife then file DCF.

 

i was file i130 for CR1-IR1 and got blue slip because of bona fide relationship but able to overcome them. now my wife got IR1 visa.

[Randy W]

no matter what you choose you still have to go through GUZ.

k1 is the fastest, since you got denied the only option is wait or you move to china and married live in china with your wife then file DCF.

 

i was file i130 for CR1-IR1 and got blue slip because of bona fide relationship but able to overcome them. now my wife got IR1 visa.

 

 

If you get married in another country, you would interview in that country's consulate for a K3. Several people have done this in Hong Kong, if she is eligible to go there.

[CoolGT]

that is another option

[chilton747]

 

 

The "Not a Bonafide Relationship" banner is a reason that passes all legal muster - the USCIS cannot refute (they weren't at the interview). It holds up unless the VO decides to change his mind, with no explanation needed.

 

 

 

Randy, I am not sure I quite follow you on this statement. Care to expand a little?

[Randy W]

 

 

The "Not a Bonafide Relationship" banner is a reason that passes all legal muster - the USCIS cannot refute (they weren't at the interview). It holds up unless the VO decides to change his mind, with no explanation needed.

 

 

 

Randy, I am not sure I quite follow you on this statement. Care to expand a little?

 

 

I guess it's simpler than it sounds - The whole purpose of the interview is for the VO to determine if you have a valid relationship. The visa can be denied if he decides you do not. No one else will interview your SO. No one can override the decision.

[chilton747]

Ok I follow you.....at the time of the interview the VO decides there is a "non bonafide" relationship then that is the decision at that time. However, the USCIS can and often does override this decision at a later date.

Edited August 31, 2008 by chilton747 (see edit history)

[Randy W]

Ok I follow you.....at the time of the interview the VO decides there is a "non bonafide" relationship then that is the decision at that time. However, the USCIS can and often does override this decision at a later date.

 

 

No - the USCIS does not give out visas - they can only reaffirm the petition and send it back. I'm not sure that they do this in cases where the only reason given was, "Not a bonafide relationship"

 

The "Not a bonfide relationship" was the reason for denying the visa.