what to say to immigration?

[pushbrk 12,994]

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

Yes, that's a common recommendation but the OP wrote, "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)."

[Boiler 45,729]

My guess is that were referring to AOS. And the OP got confused.

[pushbrk 12,994]

My guess is that were referring to AOS. And the OP got confused.

Could be. Lawyers often recommend entry on the VWP or tourist visa, marriage, then AOS. It usually works as long as no lies are told at the POE. The "lies at the POE" issue is one that is often lost on the members here. In other words, people who have fraudulent intentions actually get away with this provided they manage to get into the USA without telling any lies. Omitting specifics not asked about is not lying, in this context. Risky stuff. Evidently, the attorneys making such recommendations are willing to take that risk.

[Isometry 2]

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.

Are you sure? A couple months ago when I visited my fiance (then boyfriend) in Canada, I was asked at the border why I was entering the country. I answered that I was on vacation. This was before we'd even thought about filing for any kind of visa.

I was asked if I was visiting anyone.

I was then asked "Boyfriend? Girlfriend? Family?"

And then how we met. (the response "on the internet" led him to ask for more details)

How long we had been dating.

Whether he had ever visited me. (yes)

Whether I had visited him before. (no)

Whether I had been in Edmonton before. (no)

What we planned to do while I was there (not having anything touristy planned seemed to make him more suspicious, but I didn't want to answer "lots of nooky")

How much luggage I was bringing. (not much, just a carry-on)

Then I got sent through a different customs place. When I figured out that all they wanted was proof I was going back home, I showed them a printout of my return tickets and that made the woman at the counter happy. Definitely bringing a copy of my lease or something next time I go up, though.

This was before we were engaged, and I had been to Canada many times before and left again with no issues. It was my first time in Edmonton, but as my parents own some property in Quebec, and I almost ended up going to college in Toronto, I've been back and forth several times.

I'm not sure what prompted the extra scrutiny, but it's definitely something to be aware of. Don't just assume that a generic "vacation" answer wont' be questioned.

Edited April 18, 2011 by Isometry

[pushbrk 12,994]

Are you sure? A couple months ago when I visited my fiance (then boyfriend) in Canada, I was asked at the border why I was entering the country. I answered that I was on vacation. This was before we'd even thought about filing for any kind of visa.

I was asked if I was visiting anyone.

I was then asked "Boyfriend? Girlfriend? Family?"

And then how we met. (the response "on the internet" led him to ask for more details)

How long we had been dating.

Whether he had ever visited me. (yes)

Whether I had visited him before. (no)

Whether I had been in Edmonton before. (no)

What we planned to do while I was there (not having anything touristy planned seemed to make him more suspicious, but I didn't want to answer "lots of nooky")

How much luggage I was bringing. (not much, just a carry-on)

Then I got sent through a different customs place. When I figured out that all they wanted was proof I was going back home, I showed them a printout of my return tickets and that made the woman at the counter happy. Definitely bringing a copy of my lease or something next time I go up, though.

This was before we were engaged, and I had been to Canada many times before and left again with no issues. It was my first time in Edmonton, but as my parents own some property in Quebec, and I almost ended up going to college in Toronto, I've been back and forth several times.

I'm not sure what prompted the extra scrutiny, but it's definitely something to be aware of. Don't just assume that a generic "vacation" answer wont' be questioned.

Right, there's no way to guarantee you won't face further more specific questions. However, you were entering Canada, not the USA, and you weren't planning to marry next month. Never lie but generic truthful answers are generally a better choice.

[Isometry 2]

Right, there's no way to guarantee you won't face further more specific questions. However, you were entering Canada, not the USA, and you weren't planning to marry next month. Never lie but generic truthful answers are generally a better choice.

The original poster will be entering Puerto Rico, not the USA. Generic truthful answers are ideal, but I wanted to point out that they don't always stay generic. He should be prepared to answer specifics if they come up, and definitely bring some kind of proof that he's returning to the USA. If it's not asked for, then he was overprepared, but it's better to be overprepared than to be denied entry because he doesn't have proof and they think he's lying.

[ValerieA 350]

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

Is there such a thing as unintended fraud?

[Boiler 45,729]

The classic example is:

Do you know the time?

Answer

Yes. Assuming you do.

[Pilar 1]

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!!!

We've understood that your lawyers have told you to get married in BRAZIL (you are the beneficiary from Brazil, right?) and wait in Brazil for your CR-1 Visa.

On the other hand, you can apply a fiance/ee visa, and while during all the long process you can visit each other. Your tourist visa is for a "visit" porpuose, not in order to get married.

If you have been waiting all this long, to wait six or seven months more, is nothing.

May God Bless you

[JoyDee 21]

Puerto Rico is a US Territory. IF the beneficiary is already in US territory what's the problem?? Entering PR is like entering the US, there is immigration and customs and then you are considered in the US. Travelling to visit your fiance in PR is like traveling to visit a fiance in Florida.. not a problem. I repeat: Puerto Rico is not a foreign country. Puerto Ricans are US Citizens. I'm confused about your beneficiaries citizenship status.. what are they doing in PR??

[pushbrk 12,994]

The original poster will be entering Puerto Rico, not the USA. Generic truthful answers are ideal, but I wanted to point out that they don't always stay generic. He should be prepared to answer specifics if they come up, and definitely bring some kind of proof that he's returning to the USA. If it's not asked for, then he was overprepared, but it's better to be overprepared than to be denied entry because he doesn't have proof and they think he's lying.

Puerto Rico IS the USA, just like Yukon is Canada. Its a "territory". They'll pass through US Customs and Border Patrol officers as a US POE.

Edited April 18, 2011 by pushbrk

[katiemanny 64]

The OP should indicate at the POE that he is intending to get married into the US, any other answer will not be truthful, I don't know what is this generic answer is, that's equal to lying.

I would suggest you to always tell the truth and do not volunteer to say you will get married here if not asked.

Edited April 18, 2011 by katiemanny

[pushbrk 12,994]

The OP should indicate at the POE that he is intending to get married into the US, any other answer will not be truthful, I don't know what is this generic answer is, that's equal to lying.

I would suggest you to always tell the truth and do not volunteer to say you will get married here if not asked.

A generic TRUTHFUL answer is not a lie. A question like, "What is the purpose of your visit?" does not require a full listing of all agenda items. "Pleasure" is a generic truthful answer as are vacation, holiday, visiting family and friends, going to Disney World or any number of other possibilities. Since "marriage" in and of itself, on a tourist visit is not illegal, there is no more need to mention the intention to do so, than to mention whether you might visit a public library or park.

If asked, "Do you intend to marry a US Citizen during your visit?" to answer "No" and then do so FOLLOWED BY staying to adjust status MAY WELL BE considered a material misrepresentation but not always. For example, if intentions change after entry for some plausible reason like becoming pregnant, then the change in intentions negates the (present tense at time of entry) material misrepresentation.

We've understood that your lawyers have told you to get married in BRAZIL (you are the beneficiary from Brazil, right?) and wait in Brazil for your CR-1 Visa.

On the other hand, you can apply a fiance/ee visa, and while during all the long process you can visit each other. Your tourist visa is for a "visit" porpuose, not in order to get married.

If you have been waiting all this long, to wait six or seven months more, is nothing.

May God Bless you

Where they decide to marry is up to the couple and the local marriage laws. It has no impact on the immigration process, provided there's no attempt to circumvent immigration laws.

[Alex&Mari 0]

Hi Regis. I live in Puerto Rico and for experience I can assure you that many lawyers here are not immigration specialist. There are very few lawyers who can help you indeed. So, no wonder the three that you have been told you not to apply the fiancée visa. There are immigration lawyers I can recommend, if you prefer, but the process really can do yourself and save your money. I had the same questions of you before beginning this process. But if both are single and want to get married, I do not see why you and your girlfriend can not apply for fiancée visa K-1. I think you're exposed to problems if you enter with a tourist visa one month before and married here. I recommend you apply the visa K-1 soon, so you can be here before December and marry as planned.

Yes, you can travel to Puerto Rico while waiting for approval but you have to be in your country at the time of the appointment in the Consulate in Brazil. The fiancée visa according to USCIS takes an estimated 5 months and the spouse visa a little more. Although the dates are erratic, with optimism I believe if you apply now, you have a margin of almost eight months until December. And you could be in Puerto Rico by December with the true intention to marry and without creating any possibility of fraud. That is my humble opinion.

If you need help in the visa process, feel free to contact me.

Take care,

Marilia