Traveling while in process of CR -1

[Princess33 0]

I met my fiance in the USA for the first time, he came here on a tourist visa an lives in Jamaica ,we plan to get marry some time next year,question is when we marry an start the process for the CR -1 visa will he still be able to visit me in the USA? thanks In Advance.

[Scott & Ale 3]

I met my fiance in the USA for the first time, he came here on a tourist visa an lives in Jamaica ,we plan to get marry some time next year,question is when we marry an start the process for the CR -1 visa will he still be able to visit me in the USA? thanks In Advance.

I am making the assumption you are not getting married in the US, but you he can visit you in the US. If the plan for the wedding is to be in the US you should be getting him the K-1. Once married he can still use his tourist visa to visit you in the US, but CPB may give some issues and deny entry. He must carry proof of ties to Jamaica (such as proof of a job or school that he needs to return to as well as his return ticket etc).

[IslandLady 7]

I met my fiance in the USA for the first time, he came here on a tourist visa an lives in Jamaica ,we plan to get marry some time next year,question is when we marry an start the process for the CR -1 visa will he still be able to visit me in the USA? thanks In Advance.

I had a B1/B2 visa when my husband and I got married in the USA. I was able to travel back and forth between Jamaica and the USA the whole time that the CR1 was in process, and I never encountered any problems whatsoever. As long as his B1/B2 is current and he has a good travel record - meaning that he's never overstayed in the USA - he really shouldn't have an issue.

[NYCGirl18 1]

I am making the assumption you are not getting married in the US, but you he can visit you in the US. If the plan for the wedding is to be in the US you should be getting him the K-1. Once married he can still use his tourist visa to visit you in the US, but CPB may give some issues and deny entry. He must carry proof of ties to Jamaica (such as proof of a job or school that he needs to return to as well as his return ticket etc).

Hi there, just hopping into the convo ...

You implied that the CR-1 visa is only valid for marriages that happen outside of the US... is that right? I thought I've read on this site that some people have gotten married in Vegas and then done the CR-1 route. Is that not correct? Please confirm!! Thanks very much!

[bsd058 296]

Hi there, just hopping into the convo ...

You implied that the CR-1 visa is only valid for marriages that happen outside of the US... is that right? I thought I've read on this site that some people have gotten married in Vegas and then done the CR-1 route. Is that not correct? Please confirm!! Thanks very much!

CR-1 is for when a spouse is going to wait in their country of origin while they wait for it. Once they enter the US they are automatically a GC holder. Ypu can get married, go back home to your country of origin and then apply for CR-1, if you like. Or your USC spouse can get married in your country and then submit the petition for the CR-1 for you, too. Doesn't matter where you get married.

K-1 can be used before you are married to enter the country, get married within 90 days, and then adjust status to Legal Permanent Resident (GC holder).

Edited July 8, 2012 by bsd058

[NYCGirl18 1]

CR-1 is for when a spouse is going to wait in their country of origin while they wait for it. Once they enter the US they are automatically a GC holder.

K-1 can be used before you are married to enter the country, get married within 90 days, and then adjust status to Legal Permanent Resident (GC holder).

Right, I understand that. =)

My question was more about where the wedding has to take place for the CR-1. Can it happen either in the US (assuming the non-USC returns to their home country) or the country of the non-USC? Or does it have to be outside of the US?

[Scott & Ale 3]

Right, I understand that. =)

My question was more about where the wedding has to take place for the CR-1. Can it happen either in the US (assuming the non-USC returns to their home country) or the country of the non-USC? Or does it have to be outside of the US?

You are correct, you can get married in the US (my wife and I did) or anywhere. You may have issues with CPB as the non USC needs to be very honest if asked when coming into the US they are coming in to get married and leave the country soon after. The key is the non USC has to prove ties outside of the US that will take them back out of the US (such as a job etc) and the return ticket. Probably won't be an issue, but need to ensure extra documents proving those ties are brought and that every question is answered honestly.

[bsd058 296]

You are correct, you can get married in the US (my wife and I did) or anywhere. You may have issues with CPB as the non USC needs to be very honest if asked when coming into the US they are coming in to get married and leave the country soon after. The key is the non USC has to prove ties outside of the US that will take them back out of the US (such as a job etc) and the return ticket. Probably won't be an issue, but need to ensure extra documents proving those ties are brought and that every question is answered honestly.

Yes. I agree with Scott & Ale. You can get married anywhere in the world, even the US, but you need to be honest with customs and border patrol (CBP). Prove your ties and you should be okay. I went to the US as a visitor and married my USC spouse and stated my intention to do so at the border. They were okay with me going there. I personally didn't have to give any evidence of ties, but I do know they are becoming more strict about this. My wife and I were married three years ago (almost to the day! July 18, 2009).

[NYCGirl18 1]

Yes. I agree with Scott & Ale. You can get married anywhere in the world, even the US, but you need to be honest with customs and border patrol (CBP). Prove your ties and you should be okay. I went to the US as a visitor and married my USC spouse and stated my intention to do so at the border. They were okay with me going there. I personally didn't have to give any evidence of ties, but I do know they are becoming more strict about this. My wife and I were married three years ago (almost to the day! July 18, 2009).

Thank you to both yourself and Scott & Ale for answering my questions!

So what if it's a spur-of-the moment decision (or rather, not planned)? For instance, what if someone was here in the US on a tourist visa / VWP and then decided to marry their significant other while here?

If you, bsd058, knew you were going to the US to get married, and clearly stated your intention of doing so at border patrol ... I am surprised you didn't experience any problems for not doing it the K-1 way? (I thought I've read about other VJ members experiencing issues for not doing the K-1)

Also, how quickly after you get married in the US does the non-USC have to leave the country to go back and apply for the CR-1 visa? If they came in on the Visa Waiver Program and have 3 months, and you get married within that time frame, can the non-USC stay the rest of the full three months before having to go back?

One last question!! (Oh, and sooo sorry to the OP for basically hijacking your post!) For getting married to a non-USC in the US, is all the non-USC needs is their passport? Or is there other documentation / paperwork that would be needed?

Thank you guys!!

Edited July 9, 2012 by NYCGirl18

[bsd058 296]

Thank you to both yourself and Scott & Ale for answering my questions!

So what if it's a spur-of-the moment decision (or rather, not planned)? For instance, what if someone was here in the US on a tourist visa / VWP and then decided to marry their significant other while here?

You can do this, too.

If you, bsd058, knew you were going to the US to get married, and clearly stated your intention of doing so at border patrol ... I am surprised you didn't experience any problems for not doing it the K-1 way? (I thought I've read about other VJ members experiencing issues for not doing the K-1)

I'm Canadian; Americans are easier on us, especially if you are always going over the border and never overstaying. Of course, I told them that she was moving up to Canada with me as opposed to me staying in the US to adjust status. If you are planning on staying in the US, then you'll need a K-1 for that. I was just visiting to get married and then help my wife move to Canada with me.

Also, how quickly after you get married in the US does the non-USC have to leave the country to go back and apply for the CR-1 visa? If they came in on the Visa Waiver Program and have 3 months, and you get married within that time frame, can the non-USC stay the rest of the full three months before having to go back?

You must leave before your visa time limit is up. That depends on what kind of visa you are on. As a Canadian, I can stay up to 180 days in the US without having to go back. I think if you are on some sort of VWP you might get like 3 months from what I've read. I could be wrong on this. You'll need to look it up for yourself on the Department of State website as to what kind of a visa you'll need and what your time limit in America would be.

Also, from what I've read, your spouse would be forgiven for an overstay if you file for Adjustment of Status. That's only if it was a spur of the moment kind of thing. You cannot go to the border saying you have no plans of getting married and then get married with reception and all of that planned before the trip. What you say at the border can be used against you as fraudulently entering the US. So if you are planning on getting married on this trip to the US, then you/your spouse will need to file for a K-1. If you send in your adjustment of status too soon from the entering date, it will be assumed that you/your spouse committed fraud at the border and that they entered to marry and immigrate.

One last question!! (Oh, and sooo sorry to the OP for basically hijacking your post!) For getting married to a non-USC in the US, is all the non-USC needs is their passport? Or is there other documentation / paperwork that would be needed?

I only needed my passport. Usually this is the case if you are from out-of-country. Different laws for different states and counties sometimes, though. My wife and I were married in Florida. You'll want to check with the county that you will be married in to see what sort of identification they will require.

Thank you guys!!

You're welcome!!

Edited July 9, 2012 by bsd058