French wife and CR-1

[MarkMc 0]

Hello,

My French fiancee and I are getting married at the end of June, in France. We're planning on immediately filing

the paperwork towards getting a CR-1 for her and her daughter. Since she is eligible for traveling to the

US on a visa waiver, we are wondering if she could do that while the CR-1 is being processed. I have also

seen elsewhere on this and other forums that the normal stay is 3 months, but the ramifications for overstaying

less than 180 days are not severe. Can someone comment on the risks that we would take for having her stay

in the US on a Visa Waiver Program (VWP), and then the risk of overstaying a little bit?

Thanks in advance!

Edited February 8, 2011 by MarkMc

[YuAndDan 153]

The consensus is to have home tie evidence handy when entering the USA on VWP to show POE.

Also note you will be filing two I-130 petitions, one for CR-1, another for CR-2 for step-child.

[MarkMc 0]

Dan,

Thanks for the quick reply! Do you know about the penalties for slight overstays while on the VWP?

The consensus is to have home tie evidence handy when entering the USA on VWP to show POE.

Also note you will be filing two I-130 petitions, one for CR-1, another for CR-2 for step-child.

[YuAndDan 153]

Dan,

Thanks for the quick reply! Do you know about the penalties for slight overstays while on the VWP?

The penalty for a slight overstay, is not being able to visit again on VWP, would require a tourist visa, or simply waiting in home country for the CR-1/CR-2 visas.