Mistaken about the CR1, but still confused

[TheGirlWonder 0]

I met with a lawyer this morning and found out my boyfriend and I mistakenly thought we would have to remain apart for six or seven months after getting married and filing the CR1.

I'm still confused, though, because the chart I was reading here on Visa Journey says "Total time estimated: Roughly seven months" under the CR1 part.

If it's only about six to eight weeks after we file the CR1 and related forms until he gets his interview, his stamp and thus can remain here in the U.S., where are they getting that seven months?

[pushbrk 12,822]

I met with a lawyer this morning and found out my boyfriend and I mistakenly thought we would have to remain apart for six or seven months after getting married and filing the CR1.

I'm still confused, though, because the chart I was reading here on Visa Journey says "Total time estimated: Roughly seven months" under the CR1 part.

If it's only about six to eight weeks after we file the CR1 and related forms until he gets his interview, his stamp and thus can remain here in the U.S., where are they getting that seven months?

Are you confusing weeks with months. I would expect a 5 to 7 month process from filing the petition until the visa interview. Whether your Irishman can visit during the process is entirely up to the CBP officer at the port of entry, but don't expect them to allow him in if his stated purpose is to visit his spouse.

In any event, you are not required to remain apart, since you can freely visit him.

[canadian_wife 1,818]

Now I'm confused, where are you getting 6-7 weeks? You posted that both your lawyer and VJ guides say 6-7 months from filing to visa.

This process is long and daunting. If it was a matter of weeks from filing to visa, VJ wouldn't be necessary as a source of support for those going through this process

Good luck.

[TheGirlWonder 0]

He is already able to come to NYC on the VWP, and we would get married in that time frame. So getting a separate thing is not necessary for him. The lawyer said that:

1) He comes here on the VWP (it's for his work)

2) We would decide to get married (he recommends waiting about two months)

3) We file the CR1, B1, I765, etc.

4) Six to eight weeks later, with no leaving in the interim, he would get his interview time

5) At the interview, he gets his Conditional Resident (CR) stamp, work and travel authorization and temp greencard

6) 21 months later, we file for his permanent greencard with new paperwork.

This is straight from the mouth of the immigration lawyer, who has 30 years' experience. I kept saying, "But I thought we'd have to be apart for six or seven months while it's processing," and he told me that with the CR1, that is not true.

[yohino 22]

He is already able to come to NYC on the VWP, and we would get married in that time frame. So getting a separate thing is not necessary for him. The lawyer said that:

1) He comes here on the VWP (it's for his work)

2) We would decide to get married (he recommends waiting about two months)

3) We file the CR1, B1, I765, etc.

4) Six to eight weeks later, with no leaving in the interim, he would get his interview time

5) At the interview, he gets his Conditional Resident (CR) stamp, work and travel authorization and temp greencard

6) 21 months later, we file for his permanent greencard with new paperwork.

This is straight from the mouth of the immigration lawyer, who has 30 years' experience. I kept saying, "But I thought we'd have to be apart for six or seven months while it's processing," and he told me that with the CR1, that is not true.

Coming to the US on a tourist visa, or VWP with the intentions of actually coming to immigrate is illegal.

So I would recommend getting a different lawyer...

[TheGirlWonder 0]

His trip is a work trip and was not booked with the intention of marrying. The lawyer said plenty of people arrive here on a VWP and have a girlfriend or boyfriend here as well, and don't want to leave so decide to get married. It is all about intention, not about gaming the system.

Coming to the US on a tourist visa, or VWP with the intentions of actually coming to immigrate is illegal.

So I would recommend getting a different lawyer...

[yohino 22]

His trip is a work trip and was not booked with the intention of marrying. The lawyer said plenty of people arrive here on a VWP and have a girlfriend or boyfriend here as well, and don't want to leave so decide to get married. It is all about intention, not about gaming the system.

But your are planning on getting married when he comes here right?

And then adjusting his status from within the US?

I would say that qualifies as intention.

Just my opinion though,someone with more experience with this route can probably give you more help but I would be careful,just because people do it all the time doesn't make it legal..

[trailmix 77]

His trip is a work trip and was not booked with the intention of marrying. The lawyer said plenty of people arrive here on a VWP and have a girlfriend or boyfriend here as well, and don't want to leave so decide to get married. It is all about intention, not about gaming the system.

Intention to get married there is completely beside the point. People from other countries go to the U.S. to get married all the time, nothing wrong with that. The point is entering the U.S. with the intent to immigrate on that trip (while circumventing the proper visa procedure).

I guarantee you, if your fiance gets to his point of entry and states to the officer "I am going to the U.S. for work, I will marry my fiancee while I am there and I will then adjust status" - he will not be permitted to enter the country.

I have heard this story over and over, where a lawyer tells the couple to do this. Maybe they know more than we do. However, if he is less than truthful when he enters the U.S. and this comes out during adjustment of status, he could incur a lifetime ban from entering the U.S. - this may not happen very often, I don't know, but the lawyer was remiss in not informing you of the risks as well as the benefits.

Edited January 8, 2010 by trailmix

[canadian_wife 1,818]

agreed, it sounds like you're planning on marrying him when he enteres on a tourist visa (or for work or whatever). To me, and I'm not a consular officer, that sounds like intent. And intent to use a non-immigrant visa to circumvent the immigration laws is illegal and can result in a lifetime ban from the US.

In order to make this legal, I suggest your boyfriend disclose to the Border Patrol that he might be getting married and adjusting status within the US when he enters as a tourist. See how that goes for him and you'll then see how wrong your lawyer is.

Good luck.

[TheGirlWonder 0]

"I am going to the U.S. for work" is the only thing he needs to say, as that is the one concrete fact. "To see my girlfriend who lives here" would not even be necessary info.

Intention to get married there is completely beside the point. People from other countries go to the U.S. to get married all the time, nothing wrong with that. The point is entering the U.S. with the intent to immigrate on that trip.

I guarantee you, if your fiance gets to his point of entry and states to the officer "I am going to the U.S. for work, I will marry my fiancee while I am there and I will then adjust status" - he will not be permitted to enter the country.

[Brother Hesekiel 2,236]

He is not allowed to use the VWP for work-related purposes. That would require the B1 at the least. On the second point I agree: you are planning immigration fraud. Best of luck with that one.

[*Snowdrop* 604]

"I am going to the U.S. for work" is the only thing he needs to say, as that is the one concrete fact. "To see my girlfriend who lives here" would not even be necessary info.

Actually I am very surprised that your boyfriend can use the VWP to come to the US for work. It's normally only for tourist/visitor use. Most people need another type of visa for work purposes.

[Antje/Terry 1]

If you think you know everything there is no need for us to tell you anything about illegal and so on.

It just makes me mad because of those people entering the States on VWP and then staying after the wedding illegally it is so hard for me to visit my husband and I get asked a lot of questions.Just my 2 cents.

Good luck!

[Lansbury 19]

"I am going to the U.S. for work" is the only thing he needs to say, as that is the one concrete fact. "To see my girlfriend who lives here" would not even be necessary info.

It doesn't matter what he says you have posted in a public forum that he intends to come on the VWP, you will get married and then he will stay to adjust status. You have told us you have that intent. That is illegal under US immigration law.

Did the lawyer tell you that when he enters on the VWP he signs away his rights to appeal any decision made by a CBP or USCIS. If you do what you suggest and USCIS decided he came in with intent to adjust he gets deported and gets a ban on entering the US for a minimum of 3 years. Do people do it yes, do some come well unstuck yes they do, do you feel lucky. By the way when you apply to adjust status you have to prove he entered without the intent the marry and stay to adjust status, they do not have to prove he did.

[TheGirlWonder 0]

Thanks everyone for your thoughts. I believe I have been misadvised. Last thing I would EVER want to do is violate the law, and I see now that it would clearly be a violation. Not worth it for our long-term goals.

Time to rerack. Wow, what a mess!

Sigh.

It doesn't matter what he says you have posted in a public forum that he intends to come on the VWP, you will get married and then he will stay to adjust status. You have told us you have that intent. That is illegal under US immigration law.

Did the lawyer tell you that when he enters on the VWP he signs away his rights to appeal any decision made by a CBP or USCIS. If you do what you suggest and USCIS decided he came in with intent to adjust he gets deported and gets a ban on entering the US for a minimum of 3 years. Do people do it yes, do some come well unstuck yes they do, do you feel lucky. By the way when you apply to adjust status you have to prove he entered without the intent the marry and stay to adjust status, they do not have to prove he did.