Where to get married for CR1

[se7enthmoon 1]

Quick question..

So my fiance and I are planning on applying for a CR1. She currently has a B2 right now. Is it considered visa fraud (or any other kind of fraud) to have her come here to get married and then go back to do the CR1 or should I go over there to get married first? Thanks

[canadian_wife 1,820]

You may get married in the US, she must return to her home country

good luck

[Penguin_ie 5,993]

You may get married in the US, she must return to her home country

[se7enthmoon 1]

so getting married here does NOT constitute as fraud as long as she goes back? Any source of info to back that up? Sorry it's not that I don't trust you guys.. I just don't want to screw this up

[canadian_wife 1,820]

She'll need to bring ties to her home country

I'm sure if you use google or perhaps call the CPB she intends to travel through you might get your answers.

This is a DIY site!

good luck

[apple21 953]

so getting married here does NOT constitute as fraud as long as she goes back? Any source of info to back that up? Sorry it's not that I don't trust you guys.. I just don't want to screw this up

First of all, B2 visa is primarily for VISITING purposes. Not for marriage.

If your girlfriend is asked by CBP for her intentions of entering the US and she says "I intend to marry my US citizen boyfriend", don't expect that CBP will let her in.

Otherwise, it entirely up to you.

If you want to pursue the CR1 route: you visit her in her home country, get married there, you go back to the US and file CR1, she stays and waits for the visa in her country.

[NikLR 13,227]

If they want to get married in the USA they can. People do it all the time.

But she has to prove to the POE officer that she will be going home. This is done with a return ticket and as many ties to a home country as possible. Pack lightly, bring proof of a lease or mortgage, bills, a letter from her employer with contact information to say when she's expected back, ongoing bills etc.... Things that the average human being doesn't just walk out on. But she must also be prepared to be denied at the POE. She may even be asked for that information even if she says vacation with my fiance. She shouldn't lie, ever. It is acceptable to give generic answers without great detail unless asked to provide such. But do not lie. Lying causes fraud which results in a ban. Being denied would not affect her spousal visa. Being banned would.

[LaVegano 12]

First of all, B2 visa is primarily for VISITING purposes. Not for marriage.

If your girlfriend is asked by CBP for her intentions of entering the US and she says "I intend to marry my US citizen boyfriend", don't expect that CBP will let her in.

Otherwise, it entirely up to you.

If you want to pursue the CR1 route: you visit her in her home country, get married there, you go back to the US and file CR1, she stays and waits for the visa in her country.

Agreed. This is what I did.

[The Mean Lady 604]

First of all, B2 visa is primarily for VISITING purposes. Not for marriage.

If your girlfriend is asked by CBP for her intentions of entering the US and she says "I intend to marry my US citizen boyfriend", don't expect that CBP will let her in.

Otherwise, it entirely up to you.

If you want to pursue the CR1 route: you visit her in her home country, get married there, you go back to the US and file CR1, she stays and waits for the visa in her country.

Visiting:

1.to go to and stay with (a person or family) or at (a place) for a short time for reasons of sociability, politeness, business, curiosity, etc.: to visit a friend; to visit clients; to visit Paris.

2.to stay with as a guest.

3.to come or go to: to visit a church for prayer.

No where up there does it clarify what you're allowed to do during a visit.

There aren't restrictions on your activities (as long as they aren't illegal).

Marriage is perfectly legal and you're absolutely allowed to disclose it.

OP You haven't disclosed the country of origin for the alien so no one can really speculate on how difficult it would be (if you're from a high fraud country) however, I can tell you that my husband went to the border, said HEY IM HERE FOR MY WEDDING, crossed it, got married, and left.

You're not going to find some fancy government policy about how you're allowed to get married.

It's exactly how I said above. You're allowed to visit.

As long as you're visiting, and you provide proof of ties to your country, then you can attempt it with a chance of it being allowed.

The only advice you're going to get is from those of us that have done it and read about it.

Edited March 11, 2013 by KDH

[Ms Hogan 295]

First of all, B2 visa is primarily for VISITING purposes. Not for marriage.

If your girlfriend is asked by CBP for her intentions of entering the US and she says "I intend to marry my US citizen boyfriend", don't expect that CBP will let her in.

Otherwise, it entirely up to you.

If you want to pursue the CR1 route: you visit her in her home country, get married there, you go back to the US and file CR1, she stays and waits for the visa in her country.

They can get married wherever they like. It is up to her to be able to gain access for the wedding day and they need to know they could be denied entry. I myself got married in the U.S. Then came home a couple days later to start the process. WHERE you get married doesn't matter. It's just doing what you need to do in order to gain access to the U.S.

ETA: I don't see where OP is from so that obviously has an affect on the ease of access.

Edited March 11, 2013 by MsHogan

[Ryan H 3,812]

First of all, B2 visa is primarily for VISITING purposes. Not for marriage.

As others have said, this is wrong. Getting married on a B2 is permissible. It's using the B2 to try to immigrate that is not permissible.

[UK-USA-K1 128]

Pretty much everyone is correct. The answer is that yes, it is perfectly acceptable to marry on a visit then return to the home country. When I was looking into my options, before deciding the K-1 route, I called them and asked them about us marrying on her VWP, and they said that was fine, but she'd have to return to her home country before the visa expired, and wait for the Spousal visa to process. This was directly from USCIS. I'd recommend calling them, if you want reassurance, but honestly everyone is spot on. You can travel here and marry here all you like, but you cannot come here on a tourist visa EXPECTING to immigrate. As long as the spouse returns to the home country while you file for the visa, you are following proper legal channels. Whether they are approved or not depends on your particular case

[lucybelle 453]

My husband and I live together in Costa Rica and we both traveled up to the USA to get married. At the border we told them we were there to ski, didn't mention the wedding, just in case. After the wedding we came back to Costa Rica as husband and wife, where we are applying for CR1 visa.

Perfectly legal.

[Ms Hogan 295]

My husband and I live together in Costa Rica and we both traveled up to the USA to get married. At the border we told them we were there to ski, didn't mention the wedding, just in case. After the wedding we came back to Costa Rica as husband and wife, where we are applying for CR1 visa.

Perfectly legal.

I would NEVER suggest lying to the officers at the border. This can get you banned. You say you "didn't mention" the wedding... but if it had come to light after telling them you were coming for another reason you may have had a big problem on your hands.

OP... just be honest with the border officers. You don't have to tell them more than what they're asking. But BE HONEST no matter what!

[lucybelle 453]

I would NEVER suggest lying to the officers at the border. This can get you banned. You say you "didn't mention" the wedding... but if it had come to light after telling them you were coming for another reason you may have had a big problem on your hands.

OP... just be honest with the border officers. You don't have to tell them more than what they're asking. But BE HONEST no matter what!

I agree- you should never lie.