CR-1 and travelling during processing period

[SimonBelgium 49]

Me and my US citizen girlfriend are planning to get married first, then file for the CR-1, instead of going the K1 Fiancée route.

We read somewhere that if I were to travel to the US after filing the I-130, the immigration officer might deny entry to the US, based on the fact that due to our marriage, I might intend to stay in the US longer than the I-94 allows.

The same article mentioned the existence of a form I could get to allow such travel.

Does anyone know more about this form? Where can I get it, and how long does it take to obtain it?

Thanks

Simon

(Belgium)

[amykathleen2005 441]

The only things that would allow travel are a visitor visa or VWP. Both are at the discretion of the officer at the point of entry, there are no guarantees.

[SimonBelgium 49]

The only things that would allow travel are a visitor visa or VWP. Both are at the discretion of the officer at the point of entry, there are no guarantees.

Hello amykathleen2005.

The text I was referring to is on the website of an immigration attorney (can't yet post links). I've copy-pasted the relevant text:

Deciding whether to marry a noncitizen in the U.S. or in another country

When a marriage takes place outside of the U.S., it will be difficult for the noncitizen spouse to enter the U.S. as s/he once did, i.e., on a tourist visa or other temporary visa, instead of on a K-3 visa or until an immigrant visa is applied for in the U.S., then approved and finally issued in a foreign consulate. The reason that re-entry into the U.S. without a K-3 or immigrant visa is difficult for a noncitizen is that when a noncitizen marries a U.S. citizen, that shows CIS that the noncitizen has the permanent intent to stay in the U.S. and not return to their home country. Yet, when the noncitizen tries to enter on a tourist visa or other temporary visa, the noncitizen is telling CIS that s/he plans to stay only for a short period in the U.S. This conflicting temporary v. permanent intent problem (commonly referred to as ?dual intent?) usually results in CIS concluding that the noncitizen committed ?visa fraud.? Further, if a port of entry CIS officer discovers that the noncitizen is married to a U.S. citizen when the noncitizen tries to enter on a tourist or other temporary visa, the officer will be likely to conclude that the noncitizen will overstay their visa and live permanently in the U.S. because of the existence of a U.S. citizen spouse giving the noncitizen good reason to stay in the U.S.

Because of this and due to potentially longer processing times with immigrant visas and the K-3, many couples decide to marry within the U.S. to take advantage of the usually faster Adjustment of Status process instead of waiting for consular processing. Many times, our client couples prefer to legally marry in the U.S. but then have a renewal of vows or another ceremony (often called a religious ceremony) for friends and family abroad, so they can start the immigration process for the noncitizen spouse as soon as possible while the noncitizen spouse is in the U.S.

Regardless, where you decide to legally marry (not necessarily a religious ceremony or even a wedding, perhaps just a justice of the peace), could significantly change your options and processing times and what path you choose. It would be best to discuss your wedding plans with a qualified immigration attorney to decide what path is best for your situation and the consequences and benefits of marriage outside and inside the U.S.

And:

Can my noncitizen spouse travel outside the U.S. while a green card case is pending at CIS?

If the noncitizen has no prior overstays of the previously granted permission of time in the U.S., then s/he may also file for a special travel document to allow the noncitizen to travel outside the U.S. while the AOS case is being decided and before a green card interview has been scheduled. Otherwise, if the noncitizen travels without this special travel document, CIS will consider the AOS case to be abandoned, will deny the case, and will likely not allow the noncitizen spouse to re-enter the U.S. for some time.

[The Mean Lady 604]

Being from a VWP country, you should have no issues.

Always bring ties to your country that show you are returning.

Edited February 17, 2013 by KDH

[The Mean Lady 604]

Entry is always up to the discretion of the CBP officer, as also stated above.

You should also bring a copy of your NOA1.

And never lie at the border.

[pushbrk 13,166]

Hello amykathleen2005.

The text I was referring to is on the website of an immigration attorney (can't yet post links). I've copy-pasted the relevant text:

And:

Your quotes talk about two completely separate things. The first, a K3 visa, if you could even get one these days, takes within weeks of just as long as the immigrant visa you're seeking. The second item is for people already IN the USA awaiting adjustment of status. It gets them back in, should they need to leave during the process. This one doesn't apply to you at all, because you will not adjust status.

No visa or travel document guarantees entry anyway. It is ALWAYS a judgment call each time you present your passport for entry.

[SimonBelgium 49]

Your quotes talk about two completely separate things. The first, a K3 visa, if you could even get one these days, takes within weeks of just as long as the immigrant visa you're seeking. The second item is for people already IN the USA awaiting adjustment of status. It gets them back in, should they need to leave during the process. This one doesn't apply to you at all, because you will not adjust status.

No visa or travel document guarantees entry anyway. It is ALWAYS a judgment call each time you present your passport for entry.

Thanks for your replies everyone!

The first topic is about the old K3 OR immigrant visa (like the CR-1 / IR-1), hence why I feel it applies to me.

The point is, we would most likely get married in the US, to make sure the marriage certificate poses no issues. After the marriage, we would compose and file our petition ASAP. As it can take over 9 months before I can get the visa/green card, I will of course return to Europe in the mean time. During those 9-odd months, I will most likely return to the USA to visit my wife on the 90-day tourist visa. It is those re-entries that bother me.

I will indeed compile documentation to show I still have businesses in Europe, and show active trading going on. We might see with the immigration lawyer about the document she mentioned on her site.

Anyone with more info?

Thanks again !

[The Mean Lady 604]

Thanks for your replies everyone!

The first topic is about the old K3 OR immigrant visa (like the CR-1 / IR-1), hence why I feel it applies to me.

The point is, we would most likely get married in the US, to make sure the marriage certificate poses no issues. After the marriage, we would compose and file our petition ASAP. As it can take over 9 months before I can get the visa/green card, I will of course return to Europe in the mean time. During those 9-odd months, I will most likely return to the USA to visit my wife on the 90-day tourist visa. It is those re-entries that bother me.

I will indeed compile documentation to show I still have businesses in Europe, and show active trading going on. We might see with the immigration lawyer about the document she mentioned on her site.

Anyone with more info?

Thanks again !

As already stated, the document mentioned is for advanced parole which does NOT apply to you.

I think your inquiries have been successfully answered, but perhaps you're just wanting more people to say the same thing.

Once again, VWP countries typically have no issues visiting.

My husband has visited me several times.

[SimonBelgium 49]

As already stated, the document mentioned is for advanced parole which does NOT apply to you.

I think your inquiries have been successfully answered, but perhaps you're just wanting more people to say the same thing.

Once again, VWP countries typically have no issues visiting.

My husband has visited me several times.

Thanks KDH,

Just don't want any unforeseen issues when arriving at the border, so best to know what can / could happen

[pushbrk 13,166]

As already stated, the document mentioned is for advanced parole which does NOT apply to you.

I think your inquiries have been successfully answered, but perhaps you're just wanting more people to say the same thing.

Once again, VWP countries typically have no issues visiting.

My husband has visited me several times.

Right. The "document" does not apply to you. If you want more information, the lawyer is talking about "advance parole" obtained by filing the I-131. It is not used in spouse visa cases. It's used when adjusting status from within the USA. Based on your stated plan, you won't ever do that.

[The Mean Lady 604]

Thanks KDH,

Just don't want any unforeseen issues when arriving at the border, so best to know what can / could happen

basically, you, being from a vwp county, will most likely have the same experience crossing into the us married as you would unmarried

you could get denied being unmarried and just visiting on holiday

it happens.

you just have to bring your ties to belgium and your noa1

[amykathleen2005 441]

As already stated, the document mentioned is for advanced parole which does NOT apply to you.

I think your inquiries have been successfully answered, but perhaps you're just wanting more people to say the same thing.

Once again, VWP countries typically have no issues visiting.

My husband has visited me several times.

Canada is not a VWP country though so that is a separate example