Mistaken about the CR1, but still confused

[pushbrk 13,157]

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.

Often the devil is in the details. Intent at the time of booking the trip is not the issue. The issue is intent at US entry. Clearly, your lawyer has advised a course of action that constitutes visa fraud. People get away with it sometimes and other times they get disappointed at the AOS interview with varying consequences. The thing to remember is the potential consequence is a lifetime ban from US entry and in the most severe cases, prison time for the US Citizen.

For clarity, "coming for work" on a short term business trip is allowed on the VWP but people who do so frequently are best off getting B1/B2 visas.

[Wyld Blu 35]

Just my 2 cents here...but we were advised to do the same by an attorney AND the USCIS (sad, isn't it?). However, after much research done on our own, we decided the risk of the ban was too great. So, ultimately, you have to make your own decision. MANY attorneys advise this approach to immigration. After all, you pay them to get you and your loved one together, and the risk you take isn't theirs.

You could be very lucky and not get found out. However, what if you are? Are you ready to move to Ireland?

-Blu-

[hxxrmonkey 0]

Just do the K-1. Being apart is hard, but if you really are in love and have a solid relationship a K-1 from Ireland is easy-peasy. Ours took 6-7 months but he's here for good and we didn't break the law. It could have been faster but he took his sweet time getting his paperwork together. He also visited me for 89 days on a VWP after we filed for K-1 but just said he was on holiday visiting a friend and showed LOTS of good evidence that he'd be returning home, including a letter from his boss. So we really spent half of the K-1 wait here, and just a couple of weeks after he got back to Ireland from his visit he got his interview papers.

Just remember it might be a hard year for you, but you have the rest of your lives to be together.

[Mestis 1]

I am confused.

The Lawyer said to file a CR-1, not an AOS... isn't the CR-1 the visa you have to file when you are not resident of the country? Which means he would need to go to his country to do the visa interview, which means that they are no intent to immigrate during the actual trip since he has to go back to do the interview anyway? Going to the US and get married is not against rules.

I know this was one of the possibility for a temp non-immigrant work visa as well. If you apply to a CR-1, you prove non-immigrant intent even if you have immigration proccessus underway since you HAVE to exit the USA to do the interview for the Visa. As long as they are no overstay in the interim which would cause a ban.

Correct me if I'm wrong B)

Edited January 8, 2010 by Mestis

[Fe M 0]

I am confused.

The Lawyer said to file a CR-1, not an AOS... isn't the CR-1 the visa you have to file when you are not resident of the country? Which means he would need to go to his country to do the visa interview, which means that they are no intent to immigrate during the actual trip since he has to go back to do the interview anyway? Going to the US and get married is not against rules.

I know this was one of the possibility for a temp non-immigrant work visa as well. If you apply to a CR-1, you prove non-immigrant intent even if you have immigration proccessus underway since you HAVE to exit the USA to do the interview for the Visa. As long as they are no overstay in the interim which would cause a ban.

Correct me if I'm wrong B)

Yeah, that's correct, that is similar to what I did, I entered on the US on a B2 visa, didn't have intentions on getting married (like you do) but well, got married, lef the country, and when I entered again, a very nice guy from the immigration said we would need to file the CR-1, and I would have to go back home for the interview. So as long as he doesn't overstay, you shouldn't have any problem.

[Betti 1]

It's weird that the lawyer described those details as a CR-1. It sounds more like the steps of an AOS and even for that 6-7 weeks are not the correct time frame to calculate with.

You guys can get married during your fiance's stay in the USA and file for the CR-1 visa from the US, he can just not stay for good this time. Your fiance can stay either until he has the interview in his home country or until the VWP expires, usually 90 days, whichever happens first. There is no reason to be apart for that time if his job allows him to stay here for 90 days.

When he then finally enters the US with his CR-1 visa in his passport, he will receive the green card-stamp in his passport at the POE, which allows him to stay and work until he has to remove the conditions.

However you decide to go from here....Good luck!

[Lansbury 19]

I am confused.

The Lawyer said to file a CR-1, not an AOS... isn't the CR-1 the visa you have to file when you are not resident of the country? Which means he would need to go to his country to do the visa interview, which means that they are no intent to immigrate during the actual trip since he has to go back to do the interview anyway? Going to the US and get married is not against rules.

I know this was one of the possibility for a temp non-immigrant work visa as well. If you apply to a CR-1, you prove non-immigrant intent even if you have immigration proccessus underway since you HAVE to exit the USA to do the interview for the Visa. As long as they are no overstay in the interim which would cause a ban.

Correct me if I'm wrong B)

You need to read the 4th post to see what there were planning in its entirety. Looks very much like an AOS.

[TheGirlWonder 0]

You're so right. I don't know if we would do a K1 though, as we are uneasy about him not being able to work for three months when he arrives. So you can be here on a VWP after the K1/K3 or CR1 paperwork is filed? I thought you had to leave while it was pending.

Just do the K-1. Being apart is hard, but if you really are in love and have a solid relationship a K-1 from Ireland is easy-peasy. Ours took 6-7 months but he's here for good and we didn't break the law. It could have been faster but he took his sweet time getting his paperwork together. He also visited me for 89 days on a VWP after we filed for K-1 but just said he was on holiday visiting a friend and showed LOTS of good evidence that he'd be returning home, including a letter from his boss. So we really spent half of the K-1 wait here, and just a couple of weeks after he got back to Ireland from his visit he got his interview papers.

Just remember it might be a hard year for you, but you have the rest of your lives to be together.

[TheGirlWonder 0]

hxxr, how long before filing for the K1 did you get engaged? Did you get married in the U.S.? How was he able to come for 89 days if 90 is the cap? I want to understand what the process would be like for us on the K1. My boyfriend has actually not proposed yet!

You're so right. I don't know if we would do a K1 though, as we are uneasy about him not being able to work for three months when he arrives. So you can be here on a VWP after the K1/K3 or CR1 paperwork is filed? I thought you had to leave while it was pending.

[Wyld Blu 35]

hxxr, how long before filing for the K1 did you get engaged? Did you get married in the U.S.? How was he able to come for 89 days if 90 is the cap? I want to understand what the process would be like for us on the K1. My boyfriend has actually not proposed yet!

After you file for the K1, your fiancee can be here in the US with you, until his VWP expires, then he has to return to his country. He will have to do the K1 interview there anyway. If he wants to come back to visit again, in the meantime, it's legal, but it is entirely up to the Border Patrol at the airport to decide if he will be allowed to come. His chances are better if he can show strong ties to Ireland, and that he is not intending on coming to stay on his visit. Our entire K1 process took us 6 months and in the meantime, I went to Holland twice and my fiancee came to the US twice to visit. So, while it IS hard to be apart, it isn't impossible.

-Blu-

[TheGirlWonder 0]

That is really encouraging, thank you. At first glance, the K1 didn't seem like the way to go — and I'm still not sure about him having to wait to work. I assume if he left his current company, however, he could look for jobs during that three months, just not begin work.

That the '90 days a year' on the VWP/tourist visa isn't hard-and-fast is good to know. I had read he would be barred from coming here at all in the interim and I still may consider trying to go over there for a time. Being able to work would be an issue for me, however — I wouldn't want to go stir crazy!

After you file for the K1, your fiancee can be here in the US with you, until his VWP expires, then he has to return to his country. He will have to do the K1 interview there anyway. If he wants to come back to visit again, in the meantime, it's legal, but it is entirely up to the Border Patrol at the airport to decide if he will be allowed to come. His chances are better if he can show strong ties to Ireland, and that he is not intending on coming to stay on his visit. Our entire K1 process took us 6 months and in the meantime, I went to Holland twice and my fiancee came to the US twice to visit. So, while it IS hard to be apart, it isn't impossible.

-Blu-

[hxxrmonkey 0]

hxxr, how long before filing for the K1 did you get engaged? Did you get married in the U.S.? How was he able to come for 89 days if 90 is the cap? I want to understand what the process would be like for us on the K1. My boyfriend has actually not proposed yet!

We were engaged about 4 months before we filed. We got married in the US in a civil ceremony in June 2009. (See timeline). He came for 89 days in one visit. 90 days is the cap per visit, not per year. See above post by Wyld Blu for the process details, we were exactly the same.

Regarding working, we were fortunate enough that I could support us both while he wasn't working, albeit barely. In fact, even though he's been here for 8 months he only just starts his new job this Tuesday.

If earning money is a major concern for you, some folks get married in Ireland and file the CR-1 then return to their home countries until the CR-1 comes through. Your hubby would stay there and work while you stayed in the US and worked but you'd be married. It takes around 6 months, maybe less. Then as soon as he comes over he'd be eligible to work.

PM me if you have detailed questions, I've helped a few Irish folk through the K-1 via VJ, I'm happy to answer questions. I'm not too knowledgeable about the CR-1 though.

[hxxrmonkey 0]

That is really encouraging, thank you. At first glance, the K1 didn't seem like the way to go — and I'm still not sure about him having to wait to work. I assume if he left his current company, however, he could look for jobs during that three months, just not begin work.

That the '90 days a year' on the VWP/tourist visa isn't hard-and-fast is good to know. I had read he would be barred from coming here at all in the interim and I still may consider trying to go over there for a time. Being able to work would be an issue for me, however — I wouldn't want to go stir crazy!

Regarding looking for work, from experience, it's hard to look for work during that 3 month period because you don't have a set start date, and most jobs open fast and fill fast, unfortunately.

Regarding my hubby's 89 day visit, keep in mind he did NOT tell the CO that he was in the middle of a K-1 application. He most assuredly would have gotten turned away. However, that being said, we decided to risk not saying anything because we weren't getting married during that time and didn't feel that we would be doing anything illegal by him visiting.

Regarding working in Ireland, they are just as strict as the US for working. However, if you're married you can work straight away, it's much faster over there. I know a couple that got married, and she went over there and got residency VERY quickly and started working. If you really don't want to be separated maybe you should get married there, put in your CR-1 application, and be an Irish resident in the meantime.

[Quail 0]

Just remember it might be a hard year for you, but you have the rest of your lives to be together.

That's really good advice

edit: a lot of people are getting their work authorizations early in the 90 day window. For example mine was 52 days after I applied.. Not saying that's something you can count on for sure but it's very probable that he won't have to wait a full three months if you are able to get married and file soon after his arrival.

Edited January 8, 2010 by Quail

[pushbrk 13,157]

I am confused.

The Lawyer said to file a CR-1, not an AOS... isn't the CR-1 the visa you have to file when you are not resident of the country? Which means he would need to go to his country to do the visa interview, which means that they are no intent to immigrate during the actual trip since he has to go back to do the interview anyway? Going to the US and get married is not against rules.

I know this was one of the possibility for a temp non-immigrant work visa as well. If you apply to a CR-1, you prove non-immigrant intent even if you have immigration proccessus underway since you HAVE to exit the USA to do the interview for the Visa. As long as they are no overstay in the interim which would cause a ban.

Correct me if I'm wrong B)

You're wrong but it's understandable. The OP just got their notes wrong when mentioning the CR1. It's actually both a visa category and an immigration status. The I-765 and timeframe made it clear it was AOS being advised.