Not married yet, questions about which country, and visits after filing CR1

[Jon Anderson 0]

Ok, have a couple questions. Maybe this is in the info files somewhere, but I'm not finding what I am looking for and seek to make sure I didn't overlook something. Maybe these questions just are not an issue, but I'd rather ask than assume... Just because I don't find a disqualifier doesn't mean it isn't there somewhere. I read up on the DCF 3-4 times before catching the requirement that I would have to have lived in Australia for 6+ months....

My finace, Danni, and I were planning on me to traveling to NSW, marry, and then begin the process of filing for a CR1/IR1 visa.

Danni wants to come visit again in January of '09. She came to visit in April this year on a visa waiver program. I have read that marrying while in the USA on a tourist visa is grounds for being barred from ever re-entering the US. This leads me to ask, are there any problems with her visiting again if we follow the above plan and are now married at the time of her entry? This question assumes she uses the visa waiver program again. I'm fairly certain this is OK, but want to be sure.

Given the rising costs of air travel however, we have started discussing the possibility of marrying while she is here in January.

From what I have read, this should not be any problem with the CR1/IR1 visa, but just wanted to -make sure-. Again, I assume she comes in on the same visa waiver program. I am more certain I'm correct on this one.

I'm leaning toward coughing up the money for my trip down under to get things rolling sooner, but neither of us are wealthy and we do have to watch expenses....

Thank you,

Jon

[Todd-Leah 0]

Ok, have a couple questions. Maybe this is in the info files somewhere, but I'm not finding what I am looking for and seek to make sure I didn't overlook something. Maybe these questions just are not an issue, but I'd rather ask than assume... Just because I don't find a disqualifier doesn't mean it isn't there somewhere. I read up on the DCF 3-4 times before catching the requirement that I would have to have lived in Australia for 6+ months....

My finace, Danni, and I were planning on me to traveling to NSW, marry, and then begin the process of filing for a CR1/IR1 visa.

Danni wants to come visit again in January of '09. She came to visit in April this year on a visa waiver program. I have read that marrying while in the USA on a tourist visa is grounds for being barred from ever re-entering the US. This leads me to ask, are there any problems with her visiting again if we follow the above plan and are now married at the time of her entry? This question assumes she uses the visa waiver program again. I'm fairly certain this is OK, but want to be sure.

Given the rising costs of air travel however, we have started discussing the possibility of marrying while she is here in January.

From what I have read, this should not be any problem with the CR1/IR1 visa, but just wanted to -make sure-. Again, I assume she comes in on the same visa waiver program. I am more certain I'm correct on this one.

I'm leaning toward coughing up the money for my trip down under to get things rolling sooner, but neither of us are wealthy and we do have to watch expenses....

Thank you,

Jon

Basically, you have a few options:

1) Get married in Australia, then petition for your wife by sending I-130, that will gets her a CR1 visa to enter US.

2) She enters on VWP, get married in US. Then, she goes home, and you send out I-130 to get her back in.

3) Get married in Australia, then petition for your wife by sending I-130 & I-129F, that will get her a K3 visa to enter US. K3 is non-immigrant visa and not work authorized, she needs adjustment of status and apply for EAD.

4) Send I-129F only and get her a K1 visa, enter US and get married within 90 days in the US. She then adjust status and get EAD.

She can visit on VWP when the process is pending, but it's up to the immigration at the POE to let her in. So, having strong ties to Australia i.e. job, house, lease, will help that.

You can read the GUIDES on VJ to find more details of each of this option.

Leah

Edited August 20, 2008 by Todd-Leah

[MsZ 6]

You are absolutely, 100% allowed to get married on a tourist visa. You just can't stay and adjust status. (Now, if you didn't know about the rule and decided to get married on a whim, you could stay and adjust. So this is where a little knowledge bites you. And unfortunately, you have that little bit of knowledge.)

So, you can visit the US, get married and stay however long you are allowed under the VWP (are you sure that Australia is under the VWP? There are countries that are NOT under the VWP but do not require visas like Canada.) The only reason it matters is accuracy in what you are saying. Other'n'that, it has little bearing.

Anyway...

Marrying in the US will NOT get you a ban. That's totally false information.

So, if you decide to save $$ and have her come here to get married, presumably she's also going to be visiting and touring, right? I mean, this is a holiday for her where she's visiting friends and getting to know the US as a tourist. And oh yeah, she just might get married, too. So if they ask at the point of entry what she's doing, she's visiting friends and doing touristy things. Unless they press and ask, "and you're also getting married?" you don't mention the pending nuptials. You aren't lying. You are just answering with the least amount of information that is the truth. If they do ask however, you gotta tell the truth or that can bite you later.

And if they ask, you will want her to bring oodles of ties to Australia -- her return ticket, letter from work expecting her return on what date, mortgage statement, utilities, that sort of thing. She only brings with her what she'd reasonably expect to need on a vacation. Let her buy her dress here. What you want to see happen is that when some agent questions her intentions, that you can prove within a reasonable doubt, that she's going to return. Someone recently mentioned that the agent wrote on her passport the date she was expected to leave and I think suggesting that is a brilliant idea. Since her passport is going to be in evidence for processing immigration, if she were to overstay that, it could present her problems. It may give an agent a little reassurance that she's going to do what she says she is going to do because there are potential consequences for overstaying. (Like having to explain it should someone ask.)

OTOH, if you want to marry in NSW, that's not a problem either. Entering into the US would be pretty much the same as above only she'd say that she's visiting her husband. A lot of people do it and have no problems. It really depends on the agent at the door as they have final say no matter what the actual rules are. Just have her bring ties.

Good luck!

[RobLynC 0]

a) My finace, Danni, and I were planning on me to traveling to NSW, marry, and then begin the process of filing for a CR1/IR1 visa.

B) I have read that marrying while in the USA on a tourist visa is grounds for being barred from ever re-entering the US. This leads me to ask, are there any problems with her visiting again if we follow the above plan and are now married at the time of her entry? This question assumes she uses the visa waiver program again. I'm fairly certain this is OK, but want to be sure.

c) Given the rising costs of air travel however, we have started discussing the possibility of marrying while she is here in January.

From what I have read, this should not be any problem with the CR1/IR1 visa, but just wanted to -make sure-. Again, I assume she comes in on the same visa waiver program. I am more certain I'm correct on this one.

d) I'm leaning toward coughing up the money for my trip down under to get things rolling sooner, but neither of us are wealthy and we do have to watch expenses....

Thank you,

Jon

Hi Jon

a) If you get married in Oz you will still have to file your CR1 (I-130) in the States and it seems to be taking anywhere from 6 months to over a year to complete this process. You would certainly need to think of it taking you about a year with quicker than that being a bonus.

B) Marrying on the VWP is not illegal if your then wife leaves before the 90 days are up. It is only illegal if she stays and tries to Adjust Status from the VW. As for her visiting on the VW after you are married it is a total gamble. Some get through the POE with no questions, others get the third degree. Since she is planning to immigrate to the States it might be harder to prove enough ties to her home in Oz.

c) Yes you can get married while she visits in January, but she will then have to go back to Oz before the 90 days are up to wait out the rest of the Visa process.

d) If you're looking for the cheapest route then it will definitely depend on the cost of flights and the importance of your new wife being work authourised immediately. If she needs to be able to work as soon as she arrive then you need to look at the CR1 route. If you don't mind her not being able to work for a few months then depending on flight costs the K1/I-129f might make more sense. On the K1 you will have the AOS to pay for ($1010 + medical costs of approx $400) on top of the K1 costs and just one flight. On the CR1 you will have 2 flights but only the CR1 costs (approx $900 + medical costs which vary depending on country, in the UK it costs £180), but the benefit will be that on the CR1 your wife will be work authourised the day she arrives as a PR.

Either route could potentially take about a year. The K1 can be filed immediately so the clock can start as soon as USCIS receive it. The I-130/CR1 route can only be filed after you get your marriage cert back so you can't start the count down until after the wedding.

We used the CR1 route. I will admit that it hasn't been easy to spend the first year of marriage apart, but we get nearly 2 years off before having to deal with any more immigration forms (removing conditions will be next for us) and no more money to fork out.

No matter what advise the rest of us give, only the two of you can decide what route will be best for you. Whatever way you go will involve several months of waiting.

All the best

Lyn