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US Marriage/Fiance(e) Visa Processes (and IMBRA)

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Dan:
Guys,

Please take a look at these pages and let me know what you think:

First is a page that describes the basic flow process for K-1/K-2 - K-3/K-4 - and CR-1/IR-1 processes. You can find it here -- http://www.planet-love.com/index.php?action=ezportal;sa=page;p=27

Anytime you see something like this -- (link) -- it means if you click on that symbol, it will take you to the referenced document, usually a USCIS form.

Next is a supplemental process to clarify the IMBRA process and impacts. You can find this one starting here -- http://www.planet-love.com/index.php?action=ezportal;sa=page;p=16

There is, of course, some back-and-forth between these, but to try to put it all in a single flowchart became confused and defeats the purpose of the flowchart.

I tried to hit all the important points, without getting so microscopic that it would overwhelm a reader.

All feedback is appreciated.

- Dan

Dave H:
Hi Dan,

That makes it much easier to understand! Nice job!

I am a visual (comic books) learning type of guy!  ::) A couple color cartoon characters pointing the way through the IMBRA maze would make it more fun and even easier for me ;D OK...bad idea!  ;D

Dave

Ray:

Some comments:

Form I-134 Affidavit of Support is not submitted to USCIS but later at the visa interview.

Form I-131 Advance Parole not required for K-3/K-4 visa holders.

For CR-1, Form I-864 Affidavit of Support does not go to USCIS but is submitted later to NVC (National Visa Center).

For CR-1, NVC step should be inserted between USCIS approval and embassy interview.

For CR-1, the I-551 (Green Card stamp) is issued upon arrival in US (after airplane symbol), not at the embassy.

Technically, I think the K-3/K-4 flow should branch off from the CR-1 chart after USCIS acceptance of the I-130. Since the K-3 petition is fee-free, I would probably ass-u-me that virtually all applicants for a spouse visa would do both(?). Which visa the applicant eventually uses (K-3 or CR-1) probably depends mostly on which makes it through the system the fastest and not by any advance decision on the part of the petitioner.

For K-3 and K-1, you could also add the Form I-765 (Work Authorization) along with the I-485 AOS submittal.

I guess you could also insert an NVC step after USCIS approval for K-1 & K-3 visas, but in this case there is normally no action required by the petitioner.

I know there are a lot of variables in the process and it’s impossible to cover all cases, but these flow charts should be a big help in understanding the basics.

Ray

william3rd:
IF you would like to have your terminology absolutely correct, the visa issued at the consulate for a spouse or relative is an "IV" as in immigrant visa (that is why they have an IV section, and an NIV section), not a CR. CR is a category of LPR status that refers to the "green card" that is issued. Conditional residency for 2 years  that is subject to the 751 filing. Nothing says that a spouse has to enter under CR status; if it has been more than 2 years since the marriage to the adjudication, then MFA doesnt apply to the case and there is no conditional residency

Ray:

--- Quote from: william3rd on February 02, 2009, 07:41:19 AM ---
Nothing says that a spouse has to enter under CR status; if it has been more than 2 years since the marriage to the adjudication, then MFA doesnt apply to the case and there is no conditional residency


--- End quote ---

Hi William,

Shouldn't that be 2 years or more from the date of marriage to the date of arrival at the POE??

This stuff can sure be confusing...  ::)

Ray

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