It appears you have not registered with our community. To register please click here ...

+-

+-PL Gallery Random Image


Author Topic: US Marriage/Fiance(e) Visa Processes (and IMBRA)  (Read 19710 times)

0 Members and 1 Guest are viewing this topic.

Offline Dan

  • Administrator
  • Hero Member
  • *****
  • Posts: 3016
  • Country: us
  • Gender: Male
    • Russian Women Discussion
  • Spouse's Country: No Selection
  • Status: Married >5 years
  • Trips: > 10
US Marriage/Fiance(e) Visa Processes (and IMBRA)
« on: February 01, 2009, 06:23:24 PM »
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
« Last Edit: May 10, 2011, 11:59:10 AM by Dan, Reason: Repaired Links Post-Upgrade »

Offline Dave H

  • Hero Member
  • *****
  • Posts: 7232
  • Country: us
  • Gender: Male
  • Spouse's Country: The Philippines
  • Status: Married >5 years
  • Trips: Resident
Re: US Marriage/Fiance(e) Visa Processes (and IMBRA)
« Reply #1 on: February 01, 2009, 08:48:56 PM »
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
« Last Edit: February 01, 2009, 08:56:58 PM by Dave H »
The developmentally disabled madman!

Offline Ray

  • Hero Member
  • *****
  • Posts: 9647
  • Country: us
  • Gender: Male
  • Spouse's Country: The Philippines
  • Status: Married >5 years
  • Trips: > 10
Re: US Marriage/Fiance(e) Visa Processes
« Reply #2 on: February 02, 2009, 06:35:45 AM »

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


Planet-Love.com

Re: US Marriage/Fiance(e) Visa Processes
« Reply #2 on: February 02, 2009, 06:35:45 AM »

Offline william3rd

  • Hero Member
  • *****
  • Posts: 1975
  • Gender: Male
Re: US Marriage/Fiance(e) Visa Processes (and IMBRA)
« Reply #3 on: February 02, 2009, 07:41:19 AM »
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
Wild Bill Livingston, Esq.

Offline Ray

  • Hero Member
  • *****
  • Posts: 9647
  • Country: us
  • Gender: Male
  • Spouse's Country: The Philippines
  • Status: Married >5 years
  • Trips: > 10
Re: US Marriage/Fiance(e) Visa Processes (and IMBRA)
« Reply #4 on: February 02, 2009, 05:37:16 PM »

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


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

Offline Dave H

  • Hero Member
  • *****
  • Posts: 7232
  • Country: us
  • Gender: Male
  • Spouse's Country: The Philippines
  • Status: Married >5 years
  • Trips: Resident
Re: US Marriage/Fiance(e) Visa Processes (and IMBRA)
« Reply #5 on: February 02, 2009, 08:47:32 PM »
This stuff can sure be confusing...  ::)

Ray


Better just show me the pretty pictures!

Dave

The developmentally disabled madman!

Offline Researcher

  • Hero Member
  • *****
  • Posts: 3865
  • Country: us
  • Gender: Male
  • The Perfect Match!
  • Spouse's Country: Colombia
  • Status: Married >5 years
  • Trips: > 10
Re: US Marriage/Fiance(e) Visa Processes (and IMBRA)
« Reply #6 on: February 03, 2009, 02:00:18 AM »


           Just having gone through the process myself I'd say you're on target with everything. You might want to stay up on what is happening with IMBRA. From the time I met my wife until the embassy interview it had been implemented further. That's something that alot of guys don't realize:it is a law now. The group that was responsible for it being pushed through congress has received alot of money this year.I'm sure they won't be sitting around waiting for the governmment to tighten up on it.(IMBRA)
Every man has his own courage, and is betrayed because he seeks in himself the courage of other persons. ~Ralph Waldo Emerson

Offline william3rd

  • Hero Member
  • *****
  • Posts: 1975
  • Gender: Male
Re: US Marriage/Fiance(e) Visa Processes (and IMBRA)
« Reply #7 on: February 03, 2009, 06:55:33 AM »
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


Cases that are processed here- which are the vast majority-never see a POE so date of adjudication is the appropriate term. In fact, the case is actually adjudicated at the POE upon the alien presenting for entry so you would also be correct. Adjudication is a function of the old INS, not the DOS. DOS is outside our borders.
Wild Bill Livingston, Esq.

Offline Dan

  • Administrator
  • Hero Member
  • *****
  • Posts: 3016
  • Country: us
  • Gender: Male
    • Russian Women Discussion
  • Spouse's Country: No Selection
  • Status: Married >5 years
  • Trips: > 10
Re: US Marriage/Fiance(e) Visa Processes
« Reply #8 on: February 05, 2009, 06:18:38 AM »
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

Ray,

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

Is that true for both K1 and K3?

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

I don't think the I-131 is shown on ANY of the charts. Should it be added to K1 (or others)? And if so, where does it plug in?

Re: CR-1 comments. All incorporated.

What about the DS-230? Mandatory? Filed with the I-864 - correct?

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

Comment incorporated.

Please check and see if I got it right.

Thanks!

- Dan
« Last Edit: February 05, 2009, 06:23:43 AM by Dan »

Offline Ray

  • Hero Member
  • *****
  • Posts: 9647
  • Country: us
  • Gender: Male
  • Spouse's Country: The Philippines
  • Status: Married >5 years
  • Trips: > 10
Re: US Marriage/Fiance(e) Visa Processes
« Reply #9 on: February 05, 2009, 10:22:39 AM »
Ray,

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

Is that true for both K1 and K3?

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

I don't think the I-131 is shown on ANY of the charts. Should it be added to K1 (or others)? And if so, where does it plug in?

It’s shown on the charts as an optional travel permit along with the I-485 submittal.
Re: CR-1 comments. All incorporated.

What about the DS-230? Mandatory? Filed with the I-864 - correct?

No, the DS-230 is submitted by the visa applicant , not the petitioner, to the foreign consulate. It is not related to the I-864. The DS-230 Part I is sometimes required for K Visa applicants by some consulates.
>>For K-3 and K-1, you could also add the Form I-765 (Work Authorization) along with the I-485 AOS submittal.<<

Comment incorporated.

Please check and see if I got it right.

Thanks!

- Dan



Offline Dan

  • Administrator
  • Hero Member
  • *****
  • Posts: 3016
  • Country: us
  • Gender: Male
    • Russian Women Discussion
  • Spouse's Country: No Selection
  • Status: Married >5 years
  • Trips: > 10
Re: US Marriage/Fiance(e) Visa Processes (and IMBRA)
« Reply #10 on: February 05, 2009, 08:22:39 PM »
One more time - this time with $$ posted.

Let me know what you think.

- Dan

Offline Ray

  • Hero Member
  • *****
  • Posts: 9647
  • Country: us
  • Gender: Male
  • Spouse's Country: The Philippines
  • Status: Married >5 years
  • Trips: > 10
Re: US Marriage/Fiance(e) Visa Processes (and IMBRA)
« Reply #11 on: February 06, 2009, 01:32:43 AM »

That looks good Dan.

For the IR-1/CR-1 Immigrant Visa process, you may want to insert the step for Removal of Conditions (I-751) with a bypass if admitted as IR-1.

I wouldn’t worry too much about annotating the steps with the required filing fee because that stuff changes all the time anyway.

Hmmm... I wonder if the CIS fees will be lowered under the Messiah’s administration? Now that would be a change that we could believe in…  ;D

Ray



Offline Dan

  • Administrator
  • Hero Member
  • *****
  • Posts: 3016
  • Country: us
  • Gender: Male
    • Russian Women Discussion
  • Spouse's Country: No Selection
  • Status: Married >5 years
  • Trips: > 10
Re: US Marriage/Fiance(e) Visa Processes (and IMBRA)
« Reply #12 on: February 06, 2009, 06:42:07 PM »
That looks good Dan.

For the IR-1/CR-1 Immigrant Visa process, you may want to insert the step for Removal of Conditions (I-751) with a bypass if admitted as IR-1.

I wouldn’t worry too much about annotating the steps with the required filing fee because that stuff changes all the time anyway.

Hmmm... I wonder if the CIS fees will be lowered under the Messiah’s administration? Now that would be a change that we could believe in…  ;D

Ray

I modified the IR-1/CR-1 process a bit.

If this looks good, I will find a place to 'sticky' it.

BTW - what about those IMBRA charts? Look correct?

- Dan

Planet-Love.com

Re: US Marriage/Fiance(e) Visa Processes (and IMBRA)
« Reply #12 on: February 06, 2009, 06:42:07 PM »

Offline Osa

  • Full Member
  • ***
  • Posts: 164
  • Country: 00
  • Gender: Male
    • My Twitter
  • Spouse's Country: Colombia
  • Status: Committed >1 year
  • Trips: 1 - 3
Re: US Marriage/Fiance(e) Visa Processes (and IMBRA)
« Reply #13 on: March 18, 2010, 03:52:40 PM »
this could prove to be really useful to me in the coming months.   ;)

Offline robert angel

  • Hero Member
  • *****
  • Posts: 6176
  • Country: us
  • Gender: Male
  • Summer 18
  • Spouse's Country: The Philippines
  • Status: Married >5 years
  • Trips: 4 - 10
Re: US Marriage/Fiance(e) Visa Processes (and IMBRA)
« Reply #14 on: March 18, 2010, 04:01:42 PM »
You guys make it any easier and I'll have to get married. (again!)
Whether you think you can or think you can't--you're right!

Offline robert angel

  • Hero Member
  • *****
  • Posts: 6176
  • Country: us
  • Gender: Male
  • Summer 18
  • Spouse's Country: The Philippines
  • Status: Married >5 years
  • Trips: 4 - 10
Re: US Marriage/Fiance(e) Visa Processes (and IMBRA)
« Reply #15 on: March 18, 2010, 04:06:22 PM »
 Holy matrimony!! ::) :P
Whether you think you can or think you can't--you're right!

Offline Osa

  • Full Member
  • ***
  • Posts: 164
  • Country: 00
  • Gender: Male
    • My Twitter
  • Spouse's Country: Colombia
  • Status: Committed >1 year
  • Trips: 1 - 3
Re: US Marriage/Fiance(e) Visa Processes (and IMBRA)
« Reply #16 on: May 17, 2010, 02:25:56 AM »
ok. I'm a little confused now.

According to the diagram, the only things that need to be submitted at the beginning of the K1/K2 process are the I-129F and the G-325a.  it would seem other documentation, like proof of relationship stuff, doesn't get submitted until later.

But according to this article that was posted , those things have to be submitted at the beginning.

so clarify for me: in the case of a fiancee visa, what exactly needs to be submitted as part of step 1?

Offline Fosgate5

  • Full Member
  • ***
  • Posts: 173
  • Spouse's Country: No Selection
  • Status: Looking 0-2 years
  • Trips: None (yet)
Re: US Marriage/Fiance(e) Visa Processes (and IMBRA)
« Reply #17 on: November 21, 2014, 11:36:23 PM »
Question #1: Can anyone give a timeline status estimate for going the K-3 route on that flow chart?
Question #2: If one gets married abroad are they able to stay in their home country until either the notification of the interview for the change of status or can the interview be performed in their home country (Philippines) and they work in their home country until their green card arrives?

Offline Ray

  • Hero Member
  • *****
  • Posts: 9647
  • Country: us
  • Gender: Male
  • Spouse's Country: The Philippines
  • Status: Married >5 years
  • Trips: > 10
Re: US Marriage/Fiance(e) Visa Processes (and IMBRA)
« Reply #18 on: November 22, 2014, 03:23:51 PM »
Question #1: Can anyone give a timeline status estimate for going the K-3 route on that flow chart?
Question #2: If one gets married abroad are they able to stay in their home country until either the notification of the interview for the change of status or can the interview be performed in their home country (Philippines) and they work in their home country until their green card arrives?

1. Normally, you would want to use the CR-1 instead of the K-3. If the CR-1 (I-130) petition reaches the foreign embassy first, then the K-3 is a moot point. I would go ahead and apply for the K-3 along with the I-130 just in case the I-130 gets hung up in NVC or something. Check current process times at VISAJOURNEY...


2. The foreign spouse will normally be interviewed in their home country where they were married and then must use the visa within 6 months of issue date. The green card will not be sent to the foreign spouse, but will be issued upon arrival in the U.S. in the case of a CR-1. If she enters the U.S. on a K-3, then she must go through the adjustment of status process after arrival before she gets a green card.


Ray

Offline Fosgate5

  • Full Member
  • ***
  • Posts: 173
  • Spouse's Country: No Selection
  • Status: Looking 0-2 years
  • Trips: None (yet)
Re: US Marriage/Fiance(e) Visa Processes (and IMBRA)
« Reply #19 on: November 22, 2014, 04:29:15 PM »
What are some of the advantages and disadvantages of each?




Reason I ask is a woman I once worked with married a guy on a fiance visa. They got married but had some paperwork problems down the line. I don't know the details at the time as it was not my business but he wound up being deported back to South Africa without a job to go back to while she still worked on his paperwork and sent him funds.


I'm thinking for me I would go about getting married in the PH and bring her back once she technically needs to physically be here. Thought is that it keeps her working and hopefully she would be able to transition to being able to work here with much less idle time of not working. (Idle hands saying). Not only that but once here not having to deal with stress of deadlines and more stress of delays vs deadlines or face the nightmare my coworker did.

Offline robert angel

  • Hero Member
  • *****
  • Posts: 6176
  • Country: us
  • Gender: Male
  • Summer 18
  • Spouse's Country: The Philippines
  • Status: Married >5 years
  • Trips: 4 - 10
Re: US Marriage/Fiance(e) Visa Processes (and IMBRA)
« Reply #20 on: November 23, 2014, 12:44:40 AM »
What are some of the advantages and disadvantages of each?




Reason I ask is a woman I once worked with married a guy on a fiance visa. They got married but had some paperwork problems down the line. I don't know the details at the time as it was not my business but he wound up being deported back to South Africa without a job to go back to while she still worked on his paperwork and sent him funds.


I'm thinking for me I would go about getting married in the PH and bring her back once she technically needs to physically be here. Thought is that it keeps her working and hopefully she would be able to transition to being able to work here with much less idle time of not working. (Idle hands saying). Not only that but once here not having to deal with stress of deadlines and more stress of delays vs deadlines or face the nightmare my coworker did.

The K1 process isn't as complicated as it might seem. It calls for organization, attention to details and getting paperwork and payments in on time.  Especially if there's no kids or unusual complications,  I can't see a lawyer being necessary - - they can actually slow the process down.  As for 'downtime'  when you're waiting for working papers/green card, it usually isn't as bad as we tend to think. I thought about getting my fiancé a puppy,  Filipino cable TV and more for when I was away at work and she wanted none of that. She hardly even read subscriptions I got her to Reader's Digest, Ladies Home Journal,  etc. It's not likely to change heart if it's really cold weather, but if the winters  are long and hard, might be nice to plan it when the weather's a bit nicer.
Whether you think you can or think you can't--you're right!

Offline Ray

  • Hero Member
  • *****
  • Posts: 9647
  • Country: us
  • Gender: Male
  • Spouse's Country: The Philippines
  • Status: Married >5 years
  • Trips: > 10
K1 vs K3 vs CR1
« Reply #21 on: November 23, 2014, 01:19:47 PM »
What are some of the advantages and disadvantages of each?

(I posted this about 3 years ago, so some of the legal details may have changed a bit)


K-1 vs K-3:

Similar processing times.

Similar immigration costs.

Similar red tape.

K-3 can travel overseas immediately after arriving in the States. K-1 will have to wait for maybe 6 months or more.

Similar wait for Green Card.

Shorter wait for honeymoon with K-3.

But when you apply for a K-3, you also apply for a CR-1, which has more advantages:

K3 vs CR1

To get a visa for your spouse, you need to submit Form I-130. After processing she will receive a CR-1 (or SR-1) immigrant visa.

The K-3 is optional but free to file. If you file for a K-3, you still file the I-130 first, then submit a Form I-129F for the K-3. After processing, she will receive a K-3 non-immigrant visa (unless the CR-1 gets processed first).

The big advantage of the K-3 was a shorter wait time before she could travel here, typically 6-9 months vs 9-12 months for the CR-1 immigrant visa. With recent changes in processing procedures, the time advantage is not always in play. Applying for a K-3 doesn’t necessarily stop the CR-1 processing. If the CR-1 is approved first, the K-3 is dead.

The visa processing overseas is almost identical for K-3 vs CR-1.

The CR-1 requires a little bit more paperwork up front but less paperwork overall.

With the CR-1, she arrives as a legal resident and her Green Card and SS card are mailed to her automatically. With the K-3, she has to (a) apply for adjustment of status after arrival or (b) wait for the I-130 processing and return home to get a CR-1 visa. Most all recipients of the K-3 choose to stay here and adjust status.

With the CR-1, since she has an interim Green Card on arrival at the airport, she can work right away as soon as she has her SS Number (2 weeks?). With a K-3, she must first apply for a work permit (60-90 days) or wait for her adjustment of status (6mos – 1 year?) before she can work.

Depending on your state of residence, it may also be faster to get a driver’s license with a CR-1.

With a CR-1, she can apply for naturalization a little before she has been here for 3 years. With the K-3, she will have to wait for her adjustment of status first, then count 3 years before applying.

If she has children coming with her, it gets a little more complicated but the advantages/disadvantages are basically the same.

If you have previously filed for numerous K-1 fiancée petitions, have a criminal background, or beat up your previous wife, you may want to go for the CR-1 so you can skip the IMBRA requirements.

Personally, all things considered, I would probably choose to skip the K-3 and wait a few more months for the CR-1 if it comes down to that.

Ray





Offline Fosgate5

  • Full Member
  • ***
  • Posts: 173
  • Spouse's Country: No Selection
  • Status: Looking 0-2 years
  • Trips: None (yet)
Re: US Marriage/Fiance(e) Visa Processes (and IMBRA)
« Reply #22 on: November 23, 2014, 02:10:10 PM »
Thanks Ray! :)

Planet-Love.com

Re: US Marriage/Fiance(e) Visa Processes (and IMBRA)
« Reply #22 on: November 23, 2014, 02:10:10 PM »

Offline Fosgate5

  • Full Member
  • ***
  • Posts: 173
  • Spouse's Country: No Selection
  • Status: Looking 0-2 years
  • Trips: None (yet)
Re: US Marriage/Fiance(e) Visa Processes (and IMBRA)
« Reply #23 on: November 26, 2014, 02:42:18 PM »
WHOA! Can this be right. CB is stating 10-18 months for CR1/K3??? (And that's wit paying them $1300 to file the paperwork for you and keep things on track.  ::) ).


"Spousal CR1/K3 Visa Support Package $1,295
[/size]Spousal CR1/K3 Visa Support Package

If you're planning on getting married overseas, our Spousal Visa Support Package is for you.

The paperwork is filed in two stages: the CR1 petition followed by the K3 petition. This process takes approximately 10 to 18 months. You must be married before you can file for a Spousal Visa with the USCIS.

With Spousal (K3) Visa Support Package we do the following:
Prepare both your I-130 and I-129F visa petitions ready for you to attach USCIS filing fee and mail to USCIS. You are responsible for all government fees and travel expenses; they are not included in the Cherry Blossoms fee. We continue to provide guidance through the Spousal Visa maze and assist with information until the time of her Embassy interview so she has the best possible chance of visa approval.

Offline Ray

  • Hero Member
  • *****
  • Posts: 9647
  • Country: us
  • Gender: Male
  • Spouse's Country: The Philippines
  • Status: Married >5 years
  • Trips: > 10
Re: US Marriage/Fiance(e) Visa Processes (and IMBRA)
« Reply #24 on: November 27, 2014, 12:51:23 PM »

Save that $1300 and do your own paperwork...


Ray

 

Sponsor Twr1R

PL Stats

Members
Total Members: 5871
Latest: ponttbryr
New This Month: 1
New This Week: 0
New Today: 0
Stats
Total Posts: 133128
Total Topics: 7864
Most Online Today: 333
Most Online Ever: 1000
(December 26, 2022, 11:57:37 PM)
Users Online
Members: 0
Guests: 309
Total: 309
Powered by EzPortal