CR-1, and travel to US during petition

[boisestate 0]

Hi,

First post here, but I've read a lot of the other posts, as well as FAQ's and the I-130 guide. Here's my situation: my girlfriend and I met while I was working in Trinidad. I was transferred back to the US in September and we've decided the long distance thing isn't going to work, so we want to get married (and fairly quickly). We don't want to have her enter on a B2 visa and then get married and pretend it was spur of the moment with an AOS. So it would seem like filing the I-130 'from the outside' is the best (and legal) plan. She has long had a 10-year B2 and consistently gets 6-month entries.

Here's what I'm thinking:

- Fiance comes to US on B2 (she gets 6 month visa), we get married OR we get married in Trinidad and she comes to the US on a B2 tourist visa

- We immediately file the I-130

- Once B2 visa expires, she returns to Trinidad to avoid overstay

- Depending on where we are in the process, she either waits in Trinidad for I-130 interview or attempts re-entry on B2 visa, telling the complete truth to CBP. She has significant financial resources and a mortgage in Trinidad, so I'm hoping that helps to prove the "home ties".

- If in the US, she heads back to Trinidad for the interview (could the interview be done in the US if she's here on a tourist visa?)

- As I understand it, once the petition is granted, she would get the CR1 visa within about 2 weeks, after which she returns to the US legally.

Questions:

- Is there a pro/con to getting married inside/outside the US?

- Can she basically spend most of the waiting time in the US on her tourist visa? I've read a number of posts that say that the B2 visa can still be used as long as there is no intent to AOS while visiting.

- Other than the interview, is there any other requirement for her to actually be in her home country during the petition? I believe the only time her passport might be surrendered is after the visa is approved (the 2-week thing). Are there other required visits (e.g. the medical or more paperwork) that would require her to be in Trinidad?

- During the interview, she would truthfully explain her visit(s) on the B2 visa. Would an interviewer question her having spent so much time in the US?

- She would have to quit her job to spend this much time in the US. Would not having a job be enough to turn her away at the border (in spite of the banking/mortgage info)?

I know about the K-1 and K-3, but we're hoping to be able to avoid significant time apart after we get married. Any thoughts, suggestions, experiences are greatly appreciated.

Thx!

J

[christeen 966]

Hi,

First post here, but I've read a lot of the other posts, as well as FAQ's and the I-130 guide. Here's my situation: my girlfriend and I met while I was working in Trinidad. I was transferred back to the US in September and we've decided the long distance thing isn't going to work, so we want to get married (and fairly quickly). We don't want to have her enter on a B2 visa and then get married and pretend it was spur of the moment with an AOS. So it would seem like filing the I-130 'from the outside' is the best (and legal) plan. She has long had a 10-year B2 and consistently gets 6-month entries.

Here's what I'm thinking:

- Fiance comes to US on B2 (she gets 6 month visa), we get married OR we get married in Trinidad and she comes to the US on a B2 tourist visa

- We immediately file the I-130

- Once B2 visa expires, she returns to Trinidad to avoid overstay

- Depending on where we are in the process, she either waits in Trinidad for I-130 interview or attempts re-entry on B2 visa, telling the complete truth to CBP. She has significant financial resources and a mortgage in Trinidad, so I'm hoping that helps to prove the "home ties".

- If in the US, she heads back to Trinidad for the interview (could the interview be done in the US if she's here on a tourist visa?)

- As I understand it, once the petition is granted, she would get the CR1 visa within about 2 weeks, after which she returns to the US legally.

Questions:

- Is there a pro/con to getting married inside/outside the US?

- Can she basically spend most of the waiting time in the US on her tourist visa? I've read a number of posts that say that the B2 visa can still be used as long as there is no intent to AOS while visiting.

- Other than the interview, is there any other requirement for her to actually be in her home country during the petition? I believe the only time her passport might be surrendered is after the visa is approved (the 2-week thing). Are there other required visits (e.g. the medical or more paperwork) that would require her to be in Trinidad?

- During the interview, she would truthfully explain her visit(s) on the B2 visa. Would an interviewer question her having spent so much time in the US?

- She would have to quit her job to spend this much time in the US. Would not having a job be enough to turn her away at the border (in spite of the banking/mortgage info)?

I know about the K-1 and K-3, but we're hoping to be able to avoid significant time apart after we get married. Any thoughts, suggestions, experiences are greatly appreciated.

Thx!

J

You have to take into account that one of the first questions at immigration is who are you visiting... If she says her finance and that you are going to get married... You risk her turned at the border... If you lie, then you run the risk of ban as that is Fraud... To get married in the USA you need to do a K-1, which will be the shortest wait time... K3 is obsolete as it is processing in the same time as the CR1...

If you get married ouside the USA, then file the I-130.. She will have to show very significant ties to her country and intent to return in order to be admitted... Quitting her job will not look favorably as having ties to her home country...

She will have to get all the required original paperwork from her home country (Police Certificates, birth certificates etc..) as well as birth certificates from any country she lived in more than 6 months since age 16..

As far as which is best?? That is your personal choice, however, there is NO easy way with the immigration system!!! It is a difficult process and most of us would rather just have our SO's with us while it processes, but to do things legally and correctly and not risk fraud, bans and lots of trouble down the road, you will probably have to deal with some time apart.. Uless you can go stay with her in her home country... I am not saying that it is not possible for her to come here and stay...But you have to be prepared!

Good luck

[canadian_wife 1,822]

There isn't really a benefit/cost to the location of marriage if you are filing an I-130 for the Cr-1 visa. So marry where you both feel comfortable. She can't spend 'most of her time' in the US. The CBP will like to see that she is spending more of her time in her home country than in the US. She'll want to avoid the appearance of living in the US. But this is up to the CBP at the time of entry - admittance and duration of stay is up to them. She'll need to return to her home country for the medical as well - possibly to collect original documents such as birth certificates and police certificates. The interviewer can question her about anything they want, as long as she is truthful she has nothing to worry about. And finally, yes not having a job can certainly raise a flag for the CBP since she'll have to show strong ties to her home country - a job is one thing they are looking for

Good luck on your journey

[antenka 0]

Hi,

Hope I can help you as I am in a bit similar situation. My husband and I met almost 20 years ago in Poland as we attended the same school. Then, he got the green card and spent half of the year in Poland and the rest in the US. In the course of time, he stayed longer in the US than in Poland. We wrote letters and he kept visiting me. Then I decided to get a tourist visa and visit him. Unfortunately, my application was rejected. After 2 years I got a one year multiple entry visa and visited him (11 days). Then I got another visa, again for one year but multiple entry. And the same story again in 2004. And in 2004 we got married while I was in the US. We didn't think about K1 visa or antyhing, we were young and in love, who thinks about all the procedures? Then in 2006 I got a ten year multiple entry visa. I told the truth that my husband lived in the US and I needed to see him as I had done in the previous years. And since then I've travelled to and from the US twice or three times a year. Always telling the truth that I'm visiting my husband, want to spend christmas with him, etc. I don't work full time as I can't because of constant travelling but I'm self-employed and work when I'm in Poland. I'm always asked questions why we live separately (because we obey the US regulations), why he doesn't petition for me (because I have a job in Poland, because I'm not sure I can live in the US, because I would miss my parents, etc.). My husband's been a US citizen since May 2009 and in May I travelled to him and the same story again. And I just told them the truth - I don't know immigration procedures, we need to think about it all, I don't know whether I wish to live in the US, etc. And I'm obliged to come back because I signed the contract. And only then, we decided that maybe I could apply for an immigrant visa. So we read a bit about the procedures and decided to give it a try Now I'm planning to go to the US again and come back in 2-3 months to have time to do all the necessary paperwork (police certificate, vaccination or whatever). I hope I'll be admitted

[mclayto 0]

Wow - that sounds almost exactly like my situation. We met when I was in Mexico for work. She quit her job and came in the country as a visitor. We weren't sure for how long. She ended up staying the 6 months they gave her. She came back again only a few weeks later. They gave her a lot of trouble at the border this time. I think they came close to turning her back but they called me and eventually they let her in. We got married here but she is leaving again and will stay in Mexico while we wait for the CR1. We're expecting at least about 6 months apart. I don't know if we did it the best way but we're in the middle of it now. Good luck with yours. Let me know if there is anything I can do to help.

-Clayton