what to say to immigration?

[Regis Terencio 0]

Hey all!

My fiancée is from Puerto Rico. We have being dating for almost a year and I ahve being there twice already, and her and her mom have also being in Brazil once. We intend to get married by the end of the year and I intend to enter to Puerto Rico again one month before the wedding.

We were going to apply for the K1 visa, but we have contacted lawyers in PR that told us to first get married and only later enter with the process (IR-1 / CR-1).

Will it bring me problems to process the IR-1 / CR-1 if I enter as a tourist and get married 1 month later? What should I say to the immigration in the airport when entering to Puerto Rico? If I say "I'm gonna get married next month and then I will apply for the IR-1 / CR-1 visa" would they let me in?? What should I say?? :S

One last question, do you know if during the process of the visa I can stay in Puerto Rico?

Thanks a million!!!

[Done--Really 331]

You are asking for trouble--it is called immigration fraud--you have an intent to immigrate, but you are thinking you will tell the CBP folks that you are just visiting. You get caught, you are out for life--is it worth it??

[Wayne and Claudia 40]

Hey all!

My fiancée is from Puerto Rico. We have being dating for almost a year and I ahve being there twice already, and her and her mom have also being in Brazil once. We intend to get married by the end of the year and I intend to enter to Puerto Rico again one month before the wedding.

We were going to apply for the K1 visa, but we have contacted lawyers in PR that told us to first get married and only later enter with the process (IR-1 / CR-1).

Will it bring me problems to process the IR-1 / CR-1 if I enter as a tourist and get married 1 month later? What should I say to the immigration in the airport when entering to Puerto Rico? If I say "I'm gonna get married next month and then I will apply for the IR-1 / CR-1 visa" would they let me in?? What should I say?? :S

One last question, do you know if during the process of the visa I can stay in Puerto Rico?

Thanks a million!!!

If they ask you must state the truth. It is entirely up to the CBP officer if they will accept your answer and allow you in or deny you entrance. Are you planning to return to Brazil after your wedding to wait out the CR-1 process? If so make sure you have your return ticket and a letter from your employer stating the date of your expected return. You may need "proof" of your plan to return. If you do not plan on returning then you are headed down a very tricky and dangerous road.

[Samoray 165]

got the question wrong i guess

Edited April 18, 2011 by Samoray

[pushbrk 12,994]

You are asking for trouble--it is called immigration fraud--you have an intent to immigrate, but you are thinking you will tell the CBP folks that you are just visiting. You get caught, you are out for life--is it worth it??

This is wrong. Entering the USA with the intent to marry AND stay to adjust status is visa fraud but that's not the intent here. The OP clearly stated they would be leaving the USA and obtaining the CR1 visa before immigrating. It is not fraud to enter with the intent to marry and then leave to pursue the correct visa.

My suggestion is to give a generic but truthful answer as to the purpose of your visit. You are no more obligated to mention that a wedding is on your itinerary than you are to mention whether you'll be seeing Disney World as part of your trip. "Visit", "Holiday", "Vacation" are all generic truthful answers when asked the purpose of your visit. Usually this question is followed-up with one about the length of the stay and they may want to see a return ticket that matches your answer.

Telling the CBP officer that you will marry a US Citizen during your visit is likely to get the entry denied on the false assumption, you intend to both marry AND immigrate (adjust status based on the marriage). That's why generic truthful answers are a better choice in this situation. If asked specific questions about whether you intend to marry, of course, answer truthfully but those are not routine questions.

[Done--Really 331]

Not so clear Push--he asked if he could stay during the process, so that means to me that he is contemplating staying and doing AOS here, and if he goes down that path rather than returning home, then looks like fraud to me.

[Regis Terencio 0]

Not so clear Push--he asked if he could stay during the process, so that means to me that he is contemplating staying and doing AOS here, and if he goes down that path rather than returning home, then looks like fraud to me.

Thanks all!

I supposed that was the answer. It`s just that I found it weird that the lawyers insctructed me to do it.. (and I contacted 3 lawyers), but I wanted to check it here if my assumption was right.

I better apply then for the K1 like I was planning before.

Thanks anyway!

[Done--Really 331]

Regis--don't misunderstand.

It is perfectly OK to get married here, and then return home before your visa expires--my wife and I did that and it is no problem at all. The problem is to come here with the intent to marry, and then stay here acting all innocent-like while you go thru the entire process--that's where teh fraud comes in.

Come to PR.

Get married.

Have fun.

File the CR-1 while you are here if you like.

Go home within the limits of your visa to wait out the process.

No muss. No fuss. Really.

[Regis Terencio 0]

Regis--don't misunderstand.

It is perfectly OK to get married here, and then return home before your visa expires--my wife and I did that and it is no problem at all. The problem is to come here with the intent to marry, and then stay here acting all innocent-like while you go thru the entire process--that's where teh fraud comes in.

Come to PR.

Get married.

Have fun.

File the CR-1 while you are here if you like.

Go home within the limits of your visa to wait out the process.

No muss. No fuss. Really.

Hi magical,

thanks for your input!

and what did you say when going through the immigration?

[Done--Really 331]

She just said she was here to visit friends--they didn't ask about getting married, so she sure didn't bring it up--at that time we were planing on a K-1, but decided to elope while she was here, so switched everything to the CR-1 approach and she returned home to Costa Rica to wait it out. She had been here a couple of times before and always returned within a couple of weeks, so she had a good history of playing by the rules, and that may have helped.

[pushbrk 12,994]

Not so clear Push--he asked if he could stay during the process, so that means to me that he is contemplating staying and doing AOS here, and if he goes down that path rather than returning home, then looks like fraud to me.

It was clear to me. CR1 is a visa. Visas are obtained abroad. Visits during the process are common. How long one can stay depends on what is allowed upon entry. What made you think they had fraud in mind?

[Regis Terencio 0]

It was clear to me. CR1 is a visa. Visas are obtained abroad. Visits during the process are common. How long one can stay depends on what is allowed upon entry. What made you think they had fraud in mind?

Thats why we came to ask here, so that other people with a similar story could tell us whats best to do.

thanks again Push and magical.

[Done--Really 331]

We never know for sure, Push, so we try to approach it from different points of view--just read the sub heading:can I enter with tourist visa, get married, and stay in the US--that can be read many ways--a question, intended fraud, unintended fraud--people are funny, and all we should be doing is to help the OP think thru the options--I think we collectively did that

[pushbrk 12,994]

We never know for sure, Push, so we try to approach it from different points of view--just read the sub heading:can I enter with tourist visa, get married, and stay in the US--that can be read many ways--a question, intended fraud, unintended fraud--people are funny, and all we should be doing is to help the OP think thru the options--I think we collectively did that

I can see how the subheading could initially give that impression but I suggest you then make it clear just what question you're covering in your answer. You didn't properly answer the post. It appears your answer addressed only the subheading without addressing the actual post.

[Boiler 45,727]

I would put money on the Lawyers recommending entering as a visitor, marrying and adjusting.