Is CR-1 / IR-1 Our Right Choice?

[Sara & Mark 2]

Is the IR-1 / CR-1 Visa the right choice for me?

I’ll be an American Citizen on 1-14-11.

My girlfriend is a Swedish citizen currently residing in Sweden.

She has visited me twice in the USA on the same tourist Visa and plans to visit again soon but will need to obtain a new tourist Visa to do so.

If we happen to get married when she is here is that going to cause any problems in the process of obtaining an IR-1 / CR-1 Visa for her?

Will she be able to return to Sweden to take care of personal affairs, but still be able to visit me in the USA on some form of a Visa during the IR-1 / CR-1 Visa process?

[SisJ 13]

Yes the IR-1/CR-1...is a spousal visa....so that's what you go for.

You can get married while she's here on the torist visa, but she'll have to return home while the case is pending. About coming to visit, i think she'll be able to, but she may have a hard time at the POE.....Someone else will come along with more concrete answers for you

Edited January 8, 2011 by SisJ

[Sara & Mark 2]

Yes the IR-1/CR-1...is a spousal visa....so that's what you go for.

You can get married while she's here on the torist visa, but she'll have to return home while the case is pending. About coming to visit, i think she'll be able to, but she may have a hard time at the POE.....Someone else will come along with more concrete answers for you

Thank you for your input.

Returning to Sweden after we get married is not an issue, this will be necessary for her to take care of personal affairs before permanently moving to the USA anyways.

My bigger concern is if the USCIS or other Gov't agencies involved in the Visa process will question the intent of her third visit to the USA if we happen to get married, or if this could jeopardize being able to get a CR-1 / IR-1 Visa for her.

[pushbrk 12,894]

Thank you for your input.

Returning to Sweden after we get married is not an issue, this will be necessary for her to take care of personal affairs before permanently moving to the USA anyways.

My bigger concern is if the USCIS or other Gov't agencies involved in the Visa process will question the intent of her third visit to the USA if we happen to get married, or if this could jeopardize being able to get a CR-1 / IR-1 Visa for her.

Intent to marry during a visit is NOT an issue. Intent to enter, marry AND immigrate (stay) based on that marriage is the issue. The issue has a name, "Visa Fraud". Your plan is just fine.

[tooduhri 0]

IR/CR takes about 8-12months. It is a long process. If you two get married while your gf is on her tourist visa, you have to prove that your girl friend did not enter USA with intent to immigrate. Many people take this approach but this approach is a bit risky. I highly recommend that you talk to a immigration lawyer before going with this option; however, it is a much faster way for you to be togeher.

[pushbrk 12,894]

IR/CR takes about 8-12months. It is a long process. If you two get married while your gf is on her tourist visa, you have to prove that your girl friend did not enter USA with intent to immigrate. Many people take this approach but this approach is a bit risky. I highly recommend that you talk to a immigration lawyer before going with this option; however, it is a much faster way for you to be togeher.

NO, they do not have to prove she didn't intend to immigrate because she won't be attempting to immigrate. She's going back to Sweden to wait out the spouse visa process.

[Sara & Mark 2]

Intent to marry during a visit is NOT an issue. Intent to enter, marry AND immigrate (stay) based on that marriage is the issue. The issue has a name, "Visa Fraud". Your plan is just fine.

Thank you "pushbrk" this is what I thought, as long as she returns to Sweden after the marriage to take care of personal affairs, then returns to the USA when her Visa is approved, life is good, this is our plan.

[Sara & Mark 2]

IR/CR takes about 8-12months. It is a long process. If you two get married while your gf is on her tourist visa, you have to prove that your girl friend did not enter USA with intent to immigrate. Many people take this approach but this approach is a bit risky. I highly recommend that you talk to a immigration lawyer before going with this option; however, it is a much faster way for you to be togeher.

Hello "tooduhri", it is my understanding that if we marry and she stays in the USA this will cause us problems, possibly constitute fraud but this is not our plan.

We plan to marry in the USA while she is here on her tourist Visa, she will return to Sweden to take care of personal matters, then return to the USA when her "CR-1 / IR-1" visa is approved. What is the risk in this process? Please elaborate. Thank you.

[Sara & Mark 2]

NO, they do not have to prove she didn't intend to immigrate because she won't be attempting to immigrate. She's going back to Sweden to wait out the spouse visa process.

Thank you again, do you also know if this plan of attack would prevent her from entering the USA on a tourist visa and returning once again to Sweden while her CR-1 / IR-1 Visa is being processed? I hope this question makes sense.

[pushbrk 12,894]

Thank you again, do you also know if this plan of attack would prevent her from entering the USA on a tourist visa and returning once again to Sweden while her CR-1 / IR-1 Visa is being processed? I hope this question makes sense.

There's no hard and fast answer to whether any visitor will be allowed to enter the USA. It's a separate decision by CBP officers on each attempt. Leaving, is obviously NOT an issue.

[Val and Gary 29]

I would say, yes, go ahead with your plan, BUT....your Swedish girlfriend COULD possibly be refused entry if she comes to visit you whilst the IR1/CR1 application is in progress. If she does come to see you, she must make sure she has a return ticket, and may well be asked to provide evidence of strong ties to her own country (Sweden), such as a mortgage statement, employment letter and her financial details. If, on the other hand, she does what I did during this process - brings an elderly parent with her, and says she's coming to visit you for a holiday, she may well get entry LOL!

It's my experience, that solo travellers to the USA are much more closely questioned about the reasons for their visit. Depending on the Officer however, it's quite possible she may get through with very little questioning.

Best of luck on your marriage - have you got the option of visiting her during the visa process? That may be a better idea if you can do that.

[Sara & Mark 2]

I would say, yes, go ahead with your plan, BUT....your Swedish girlfriend COULD possibly be refused entry if she comes to visit you whilst the IR1/CR1 application is in progress. If she does come to see you, she must make sure she has a return ticket, and may well be asked to provide evidence of strong ties to her own country (Sweden), such as a mortgage statement, employment letter and her financial details. If, on the other hand, she does what I did during this process - brings an elderly parent with her, and says she's coming to visit you for a holiday, she may well get entry LOL!

It's my experience, that solo travellers to the USA are much more closely questioned about the reasons for their visit. Depending on the Officer however, it's quite possible she may get through with very little questioning.

Best of luck on your marriage - have you got the option of visiting her during the visa process? That may be a better idea if you can do that.

Thank you for your input, so many great people on this site willing to offer advice and share their past experiences.

Providing evidence of strong ties to Sweden, as you have stated, during the Visa process will not be an issue.

Once I am naturalized as a US citizen on 1-14-11, and subsequently obtain my US passport, I’ll have the option of visiting her in Sweden during the Visa process.

I see your case is still pending, 8 months is a long time but expected from what I have seen on this site, I wish you luck as well and hope you have closure to your case soon. Thanks again.

[SisJ 13]

BTW Congrtulations in advance on becoming a CITIZEN

[Sara & Mark 2]

BTW Congrtulations in advance on becoming a CITIZEN

Thank you, thank you, thank you, I'm excited, it will be a big day for me. I should have applied for naturalization 14 years ago.

[missin miss d 1]

Thank you, thank you, thank you, I'm excited, it will be a big day for me. I should have applied for naturalization 14 years ago.

I would strongly advice a visit to sweden after you get your citizenship before you start filing. This would boost your application from the word GO at USCIS instead of during the application