Visa or no Visa

[atu14 0]

I am a US citizen and my finace and soon to be wife lives outside of the US. She already has a 10 years multiple entry B2 visa which she had received even before we met. So, with that background, do you think she can visit the country while CR1 is in process? Also, instead of marrying outside of US, can we get married here and then apply for CR1 while she waits outside of US? Does having any kind of visa makes a difference in the process of CR1?

[canadian_wife 1,822]

The point of the Cr-1 is that you are married, how and where you get married is up to you. You may marry in the US if she leaves once her permitted time is up. You may even begin the process while she is still in the US (again, as long as she leaves and does not overstay)

Good luck

[atu14 0]

The point of the Cr-1 is that you are married, how and where you get married is up to you. You may marry in the US if she leaves once her permitted time is up. You may even begin the process while she is still in the US (again, as long as she leaves and does not overstay)

Good luck

Thank you for replying. So, she visits US on B2 to get married here and we start the CR1 process. We are definitely going for CR1 so AOS and overstay issues does not even prevail here. But wouldn't marrying your USC fiancée on B2 visa be questioned during the CR1 interview? That is my concern if they will frown upon the marriage that took place while she was on B2 visa?

Also, will she be allowed to enter US while the CR1 will be in process?

Edited October 20, 2010 by atu14

[Kathryn41 3,205]

They will not frown on a marriage that took place while your fiancee is visiting - as long as she doesn't try to stay in the US on that same visit and adjust status from within the US. She is entering as a visitor with the intent of leaving again afterwards. While she is visiting, you two will be getting married which will allow you to start the proper immigration paperwork for her to come to the US to live with you. She should plan to travel with lots of evidence of her ties to her home country to show that she is not intending to stay on this visit - letter from her employer stating time expected to be away and date of expected return to work, financial responsibility for where she lives (lease, mortgage, utilities bills, etc.) and a return ticket. Once you have filed the CR-1 application she should also carry a copy of that with her to show that you are indeed following the appropriate immigration process. She should be able to visit you however, it will be up to the border guard on each and every visit whether she will be allowed into the country or not. The more 'evidence' she can present to calm their concerns that she might stay in the US, the easier it will be for them to say 'enjoy your visit'.

[atu14 0]

They will not frown on a marriage that took place while your fiancee is visiting - as long as she doesn't try to stay in the US on that same visit and adjust status from within the US. She is entering as a visitor with the intent of leaving again afterwards. While she is visiting, you two will be getting married which will allow you to start the proper immigration paperwork for her to come to the US to live with you. She should plan to travel with lots of evidence of her ties to her home country to show that she is not intending to stay on this visit - letter from her employer stating time expected to be away and date of expected return to work, financial responsibility for where she lives (lease, mortgage, utilities bills, etc.) and a return ticket. Once you have filed the CR-1 application she should also carry a copy of that with her to show that you are indeed following the appropriate immigration process. She should be able to visit you however, it will be up to the border guard on each and every visit whether she will be allowed into the country or not. The more 'evidence' she can present to calm their concerns that she might stay in the US, the easier it will be for them to say 'enjoy your visit'.

Thanks, that sounds great.

But wouldn't it affect the intent of visitor visa which is visiting the country and not marrying a USC? Since, we will plan to get married within a week of her arrival. It will be obvious that she came to US to get married even though there is no overstay and CR1 visa will be the route.

[Kathryn41 3,205]

Thanks, that sounds great.

But wouldn't it affect the intent of visitor visa which is visiting the country and not marrying a USC? Since, we will plan to get married within a week of her arrival. It will be obvious that she came to US to get married even though there is no overstay and CR1 visa will be the route.

Why would it affect the intent of a visitor's visa? She is still a visitor. A visitor can be married to a US citizen and can marry a US citizen while visiting the US. She can hold both the intent of being a visitor and getting married to a US citizen at the same time. The intent that Immigration has a problem with isn't getting married to a US citizen while on a visitor's visa - it is intending to remain in the US after getting married to the US citizen. That means she would be using a visa meant for one purpose - to visit - as a means to bypass the proper immigration process for her real intent - to immigrate. Your fiancee is not intending to immigrate on this visit so she is not violating any of the terms of her visitor's visa. There is nothing in the visitor's visa to say someone cannot get married while in the US. It is only a problem if she intends to remain in the US on that visit and apply to adjust her status from visitor to permanent resident. She is still a visitor and will leave the US when her visit is over to pursue the correct visa to enter the US as an immigrant.

Hope that helps .

Edited October 21, 2010 by Kathryn41