Entering on B2 while waiting for CR-1

[Skyler and Silvia 1]

I am a USC and my fiancee is Colombian. We are exploring various options for getting married, and I like to flesh them out as much as possible to make an informed decision. I feel like I've got a very good handle on what to expect going the K1 route (waiting until ~April of next year to get married), but the other option we are considering is to get married in Colombia this fall (October or November), filing for a CR-1 ASAP, and having her come here within a few days of the wedding on her current B2 visit for 6 months before returning to Colombia and waiting until the CR-1 completes to return. A couple things to take into account:

-She originally visited the US in the summer of 2010 and returned without an overstay (B2)

-She was here from December 2010 to April 2012 as a student (F1) without an overstay, although there was some confusion with her I-94 on exit which has since been cleared up.

-She is employed by her sister and brother-in-law, who would be more than happy to give her a 6 month leave while holding her job until her return (even though it would only be a month or 3 before she left permanently).

-That same sister can show the ability to provide plenty of financial support (as well as what I will be providing)

-She has two mortgages/deeds in her name in Colombia.

-We'd buy the return ticket before she comes as evidence of her planned departure

-I plan to have copies of all the documents included in the CR-1 application, but it would likely still be in the mail that quickly after the wedding (assuming we've even got all the documentation of the wedding to submit it at that point)

-Because the wedding will have just taken place, our last names will be different for all intents and purposes

My questions revolve mainly around how we should phrase things with the entry officer if we pursue this route. Does it help/hurt us if her employer is family, or should we leave that bit out? Is it better to explain the entire plan, or treat it as a long visit with friends (not mentioning the wedding) as far as border patrol is concerned? Between JFK and ATL, does one have more sympathetic agents than the other? Is worst-case scenario that she's turned around at the border, or could this result in a ban of any sort? In general (I know every experience is different), how likely is it that things will go through without a problem?

Ultimately the goal is to minimize time apart. The scenarios (and let me know if I'm missing one) are this:

1) Wait until the K1, be apart (other than short visits) until April-ish.

2) Pursue the course of action listed above, things go through without issue, spend from now until the wedding apart and then a short time after 6-months waiting for the interview (May or June-ish?).

3) Pursue the course of action listed above, she's turned around at the border after the wedding, we're apart (other than short visits) until May or June-ish.

EDIT: Also I apologize if this isn't quite the right forum for this thread, it seemed like the best fit though.

Edited July 29, 2012 by DiscoLives4ever

[Que Saudade 284]

There is always the possibility that the CBP officer can refuse admission, Even with the best laid plans. It has been posted numerous times this same type of attempt. The law states that the person can not enter under a visitor visa with the intention of immigrating. The problem here is with just being married, it will be awfully difficult to prove "no intent to immigrate" as you 2 just got married.

Risky, but not 100% impossible. Just extremely unlikely based on every other case that has posted the same type of scenario.

None of us liked the wait. Everyone here has gone though some sort of wait. There is not much room to circumvent the system without backlash.

Edited July 29, 2012 by Que Saudade

[Anh map 2,098]

Lying to the CBP officer is never a good idea. That can lead to bad things. Worst of all a lifetime ban. So the "phrasing" thoughts should be nixed.

Coming in as a newlywed and expecting a 6 month stay may be too optimistic. Getting a 6 month leave from a job is not the norm. She would need to show stronger ties to home than that. She's got stronger ties to the US with a USC spouse.

[dwheels76 5,476]

First i think you are assuming because she already has a tourist visa she can come and go. Once she says "I am visiting husband or fiance"" that makes it very hard. And after wedding harder. To expect a CBP to believe that 6 months off is okay and she has no ties now to her country. Her ties now you have to realize is with her husband. It will be very hard and she will have to tell the truth. either way the K1 or CR1/IR1 will take upwrds of 8 to 12 months.

[Skyler and Silvia 1]

Just to clarify, I've no intention of lying. The "phrasing" comment was more in reference to what information to volunteer vs. not volunteer. I'm very firm in making sure we obey all laws and if that means waiting longer that is fine.

I've also found through searching that the 6-month leave is looked on with skepticism, but would the employer being immediate family have any effect on it?

[Skyler and Silvia 1]

First i think you are assuming because she already has a tourist visa she can come and go.

On the contrary, the entire post is because I know she needs to convince the entry officer and I'm trying to get a realistic gauge on the likelyhood of her being allowed in. Like I said, just trying to get a feel for all the options and their chances of success. The K1 and it's associated wait obviously has close to 100% chance of working out as I expect, but I'm not sure on these other possibilities.

[JohnR! 5,495]

1343604479[/url]' post='5566715']

On the contrary, the entire post is because I know she needs to convince the entry officer and I'm trying to get a realistic gauge on the likelyhood of her being allowed in. Like I said, just trying to get a feel for all the options and their chances of success. The K1 and it's associated wait obviously has close to 100% chance of working out as I expect, but I'm not sure on these other possibilities.

She can always tell the officer the truth, in that she cannot immigrate to the US until her CR is complete and that she would like to make use of her tourist visa privilege to be with her husband at least for some part of the wait. The important thing is that in telling the truth she should acknowledge that she knows that it would be considered fraud to enter with the B2 with the intent of staying. The officer might feel she is not trying to sneak in through the back door and may ask her to sign a document indicating her understanding she cannot undergo AOS under penalty of lying to a USCIS officer. The USCIS will have discretion over the final decision and her attitude is a big part of that decision. She needs not be coy about the fact she is not willing to face a lifetime ban at a time when she is doing things by the book. Good luck!

[Que Saudade 284]

On the contrary, the entire post is because I know she needs to convince the entry officer and I'm trying to get a realistic gauge on the likelyhood of her being allowed in. Like I said, just trying to get a feel for all the options and their chances of success. The K1 and it's associated wait obviously has close to 100% chance of working out as I expect, but I'm not sure on these other possibilities.

I think the consensus is quite clear. The reality is, there is a very slim chance. There is no good way around the wait.

On the other hand, the visits are great if you can afford them. In our case, I was fortunate to visit several times in a year. It made a huge difference for both of us.

Edit: Gegel's post is thoughtful. You can always try and be totally honest knowing she may get denied entry. As long as she tells the truth, it will not hurt the Visa process.

Edited July 29, 2012 by Que Saudade

[Ivy. 113]

My situation is a bit different than yours (I am a full time student), but I want to post it to show you that things can go better than expected.

I am currently on my third B-2 visa. While I had my interview for the last visa, we were already engaged. I told them my six year plan (graduate + get married + 2 years for MA degree + file for IR-1/CR-1 + ask for naturalisation after 3 years in the US) and the consul laughed at me and approved my visa request. After a 6 month/M entry visa and a 3 month/1 entry visa, I received a 10 year/M entry visa.

While entering the US, I said I was visiting my fiancee and that my longest stay in the US was 2 months long and that it happened in 2011. I offered to show them our wedding invitation with a date in July in my country and the officer was not interested. He said "I know that everything is okay and that you have everything you need to have. That is why I am not asking to see it." Even though my return flight was in 3 weeks, he approved a 6 month visit.

With this experience behind me, I plan to visit my husband on my B-2 visa both before and after we file for my paperwork. I will be finishing my MA degree and I have high hopes that it will be enough for me to pass the border.

[Ivy. 113]

P.S. My point is, with this experience behind me, I would get married and try to visit on B-2 visa in your place. Yeah, it might not work, but then again it might. Be open and honest, people recognize that and trust it. With that in mind, I would mention employment for family if asked ANYTHING about the job. If she starts picking her words and being evasive, they might pick up on it and it might backfire.

Whatever course of action you choose, I hope you will be happy and that your time apart will be as short as possible. Good luck!

[velrich 50]

Since she has never overstayed that will be in her favour if you get married first. She also has a Job.

Just like IVY posted above I have travelled back and forth on my B2 visa on to visit my husband and had no problem.

However as usual it depends on the CBP officer. Better to answer any questions truthfully.

GOOD LUCK.