The Fiancee Visa

[Robertt S]

Here is a comparison guide for different visa types available for the United States. It shows the pros and cons of each along with time and cost to expect. Note: The K-3 is pretty much obsolete these days.

Marriage Based Visa Comparison Table

Visa Type	Marital Status	Approximate Time to get Visa	Requires Adjustment of Status?	Requires EAD to Work (with valid Visa and before AOS approved)?	Requires AP to Travel Outside the US (with valid Visa and before AOS approved)?	Approximate Total Time to become Legal Permanent Resident	Approximate Total Cost (USCIS Petition, Visa, AOS if required)	Extra Notes
K-1	Engaged	8.5 Months	Yes	Yes	Yes	12 Months	USD $1805	Must be married within 90 days of entry. AOS must be filed in order to gain Legal Permanent Resident status. Failure to file AOS before I-94 expires accrues out-of-status days.
K-3	Married	9 Months	Yes	Yes	No	12.5 Months	USD $1705	After entering the US, may file for AOS within two years or instead wait for I-130 to be approved and pursue IR-1 / CR-1 Visa.
IR-1 / CR-1	Married	10 Months	No	No (see note)	No (see note)	10 Months	USD $945	Visa holder automatically becomes a Legal Permanent Resident after entering the US. Can work and travel freely.
DCF (IR-1 / CR-1)	Married	3 Months	No	No (see note)	No (see note)	3 Months	USD $945	US consulates typically only do this for US citizens who live overseas. DCF results in a IR-1 / CR-1 Visa.

[Pineau]

Really. she has a 10 year green card. Does that mean no AOS required.

[Robertt S]

Yes, she is done with USCIS until her 10 year card needs renewal.

Note:  CR-1 does not have AOS, they have ROC ( removal of conditions on the 2-year greencard)

[Robertt S]

 If you have to have been married 2 years or very close to 2 years when she first entered the United States, then the IR-1 visa might have been issued. If she entered before the 2 year mark of your marriage then she is issued a CR-1 visa and will have to apply for removal of conditions before her 2 year anniversary of entering the United States.

http://travel.state.gov/visa/immigrants/types/types_2991.html#13

[Robertt S]

Mike,
   You have to wait until 90 days or less before the date expiration date of her current greencard, if you file to soon it will be rejected and returned to you. It is better to file early in the 90 day window just in case you have difficulties obtaining documents or receive an RFE. After your I-751 is accepted she will receive a NOA-1 which extends her legal status 1 year or until her case is approved. She will be able to travel freely with her expired card as long as she has this NOA-1 with her. She will also receive a letter early on in the removal of conditions to report to the local USCIS service center for biometric processing ; ie fingerprinting and photographs.


What Is Conditional Residence? If you have been married for less than two years when your foreign citizen spouse enters the United States on an immigrant visa, his or her permanent resident status is considered “conditional.” The immigrant visa is a conditional resident (CR) visa, not an immediate relative (IR) visa.
You and your spouse must apply together to USCIS to remove the conditional status within the ninety days before the two-year anniversary of your spouse’s entry into the United States on his or her immigrant visa. The two-year anniversary date of entry is the date of expiration on the alien registration card (green card). See Remove Conditions on Permanent Residence Based on Marriage on the USCIS website.

[Robertt S]

Ok, so we wait until 90 days before the deadline ....

I was told by the border officer, we can convert the CR-1 to an IR-1 ,,, since we are married more than 2 years now ...

How does that help?

How does it change this process, if at all?

This is what he left me wondering ... why should I bother asking for the CR-1 to be converted into an IR-1 now?

Mike

Mike,
 You can ask but I bet you will be told that you have to apply for ROC on the CR-1. The guys working at the borders are not well versed in the actual letter of the regulations. I have no idea why he told you that because that decision as made the day your wife first entered the USA from China at her first POE.

[IrishGuy65]

What is an AOS?

[Arnold]

What is an AOS?

Adjustment of Status

[IrishGuy65]

What is an AOS?

Adjustment of Status

Thanks!