Apply for B2, Marrying in the US, Then applying for CR-1 after arrival of marriage certicate while still in the US

[alicia98981 128]

Been searching this blog for hours each day, so maybe one of you guys could help. Smart @ss remarks not appreciated. My fiance and I met almost 2 years ago on a work trip to Morocco. After several visits there, he proposed to me about a year and a half later. Because I am in the military and pending a possible deployment, we'd like to marry soon. With that being said, we'd like to apply for a B2 visa to allow him to visit long enough to do the 8 weeks of marriage counseling, meet my family, all while simultaneoulsy planning a wedding. My finance has also determined that he wants join the US military as soon as possible. Given that he wants to join the Air Force and he is coming up on his 27th birthday, time is critical. Is it possible to apply and have the B2 extended pass 6 months long enough to wait for the marriage certificate and then apply for the CR1 visa which will require him to return to Morocco for the interview? We figure that this is a better option than the K1 visa which would force us to complete everything in 3 months.

Here is background informaition if this helps:

• Met April 2012
• 4 vistits between 2012 - 2013, the longest being a month long stay between Sept - Oct 2013
• Engaged Oct 2013
• Planning to file B2 mid January
• Wedding date based on US government
• We have over 300 pictures of my visits that include me with his family and him, including Moroccan holidays
• Almost 2 years worth of daily Facebook, Skype, and Google Hangouts chats
• Plane ticket stubs
• I will file proof of support
• I will send a letter of invitation with copies of my passport, copies of the stamps, and my military ID
• A copy of the letter addressing our enrollment in premarital counseling
• A tentative travel itinerary
• Essentially any proof that I will support his visit
• He is in the proccess of getting the two homes his family owns in his name
• He does have a bank account
• He is self employed, but does have work history
• He is currently the head of household at his mother's house

Our biggest fear of course is denial. My fear is that he will be grilled excessively hard to prove his ties to Morocco. We have been practicing interview questions and I have made it clear to be totally and completely be honest about our intent to marry during the B2 visit after the the completion of marriage course but his desire to return to Morocco after the marriage to complete the CR1 interview. We don't know how to make it as clear as possible that we want to do everything legally, such as not filing for the AOS on the B2 but rather he return home first so that he can return with Conditional Status. Plus the added benefit that it is much cheaper than to do the orignal route of the K1 as we were previously prepping our paperwork for. Essentially what I'm asking is, is it possible to apply for the B2 for 6 months, marrying during the six months, apply for an extention of the B2 to ensure we have all documents prepared for our I130, apply for the CR1 while he is still in the US and then apply for advance parole to leave the country long enough to do his CR1 interview in Casablanca and wait for the results (or return based on the conditions of his advanced parole, leaving to return to Morocco if he has to)? We know that it will difficult for him to return on B2 with a CR1 pending if he can't convince customs that he will return to Morocco without over staying, but unlike the K visas, this gives us more time to plan and prepare for the wedding and spend time together. Any suggestions, tips, and advice greatly appreciated.

[cdneh 3,112]

You can't apply. He has to apply on his own, and show very strong ties to his home.

[belinda63 3,038]

Very unlikely he will obtain a tourist visa for the purpose of getting married even if he intends to leave after the marriage. Look at the country he is from, this is difficulty even for low-fraud countries. If he is approved it is very unlikely the visa will be extended. There is no guarantee of him being granted a six-month visit when he enters, that will be decided at the point of entry. That being said, very, very little chance of the visa being extended since this is usually only for real emergencies like death or immeninet death of a close family member.

You can apply for the CR-1 as soon as you have the marriage certificate. it doesn't matter if he is in the US or another country. There is no "advance parole" for a CR-1. When he leaves, he leaves. If he has a multi-entry tourist visa he can come back using that, no guarantee he will be permitted in, but remember he must spend more time outside the US than inside.

The entire process from filing to visa in hand takes about a year. With him being from Morocco plan on administrative processing which will make the time longer.

Depending on where you are deployed to you might be able to get an expediate. Doesn't hurt to try.

Of course you know he can't enter the military until he has his green card which would be upon his entry to the US with his CR-1 visa.

[lost_at_sea 995]

I agree. You'll have trouble getting the B2 at all.

Is there an option to do the 8 weeks marriage counseling and marriage in Morocco?

[snowflakepr 16]

It is my understanding that a person is not permitted to enter the United States as a visitor with the intent to get married. If he comes to visit and then on a spur of the moment decision you get married and he returns to his home country then that is permitted, (albeit this is difficult to prove that you decided to marry on a whim or at that moment with no pre planning). If he enters on a tourist visa then he is required to return prior to the visa expiring.

I was married in the US as a Canadian visiting. Our decision to marry was on a whim and it has been difficult crossing back and forth (6x now) ever since.

We have filed our CR-1 130 last May and are now being processed. My son is on a student visa in the US and when his girl friend came to Canada to visit she was questioned at the Canadian border and my other son's girl friend is in the UK and he was questioned diligently when he went to visit her there. The world borders all seem concerned that people will marry and not return to their home country or the possibility of fraudulent relationships for ill works in their countries. Having access to live in the US, (and other countries) is a privilege and the rules and regulations of those countries should be abide to with due diligence. Albeit it has been very sad being away from husband for over 7 mths. and crossing the border is onerous with having to bring a 2" thick file folder full of documentation with my ties to Canada, I am pleased that the country I choose to live in with my husband is being cautious about who enters and how.

Good luck to you....do your research....contact an immigration lawyer.....follow the rules! Best to you both

Please note I am not a lawyer, or work for any of the agencies involved....just another person with a petition in place to be with my husband.

[lost_at_sea 995]

It is my understanding that a person is not permitted to enter the United States as a visitor with the intent to get married. If he comes to visit and then on a spur of the moment decision you get married and he returns to his home country then that is permitted, (albeit this is difficult to prove that you decided to marry on a whim or at that moment with no pre planning). If he enters on a tourist visa then he is required to return prior to the visa expiring.

I was married in the US as a Canadian visiting. Our decision to marry was on a whim and it has been difficult crossing back and forth (6x now) ever since.

We have filed our CR-1 130 last May and are now being processed. My son is on a student visa in the US and when his girl friend came to Canada to visit she was questioned at the Canadian border and my other son's girl friend is in the UK and he was questioned diligently when he went to visit her there. The world borders all seem concerned that people will marry and not return to their home country or the possibility of fraudulent relationships for ill works in their countries. Having access to live in the US, (and other countries) is a privilege and the rules and regulations of those countries should be abide to with due diligence. Albeit it has been very sad being away from husband for over 7 mths. and crossing the border is onerous with having to bring a 2" thick file folder full of documentation with my ties to Canada, I am pleased that the country I choose to live in with my husband is being cautious about who enters and how.

Good luck to you....do your research....contact an immigration lawyer.....follow the rules! Best to you both

Please note I am not a lawyer, or work for any of the agencies involved....just another person with a petition in place to be with my husband.

It's legal to marry on a tourist visa (and have the intent to do so) but it's not to have intent to marry AND THEN STAY. That would be visa fraud.

[belinda63 3,038]

Getting married in the US is perfectly legal. It is the staying when you are on a non-immigrant visa that is a problem.

[HollyGolightly 72]

We're all agreed that marrying in the US on a B2 visa is legal but acquiring that B2 visa with prior intent to marry (and immigrate) will be extremely difficult.

[cdneh 3,112]

Trying to get a B2 Visa in his country of origin will be practically impossible.

[snowflakepr 16]

Getting married in the US is perfectly legal. It is the staying when you are on a non-immigrant visa that is a problem.

I was lead to believe the same as you stated although when I crossed the border, the first time after being married, the Border control officer stated that i was not. i do believe that he was incorrect in saying this, but when you are at the border and hoping to enter it is best not to argue with the person that either stamps your passport or tells you to go back to your country of origin.

It has been my experience that each time I cross I hear a new set of standards/rules/ or whatever you want to call it. What I do know is that when crossing in to the United States it is the border control officer that gets the final decision as to whether he/she will grant you access to the US. This even applies once you have your package and OK from the US consulate.

Just trying to give my experience as a Canadian, middle aged female, with no criminal history, a well paying job, and strong ties to Canada, grew up in the US as a child of an American citizen. (All of that did not matter in this case.....yes, we did check....even US Border Control tried to assist once thinking this whole need to file a petition was ludicrous)

[Cathi 5,755]

I was lead to believe the same as you stated although when I crossed the border, the first time after being married, the Border control officer stated that i was not. i do believe that he was incorrect in saying this, but when you are at the border and hoping to enter it is best not to argue with the person that either stamps your passport or tells you to go back to your country of origin.

It has been my experience that each time I cross I hear a new set of standards/rules/ or whatever you want to call it. What I do know is that when crossing in to the United States it is the border control officer that gets the final decision as to whether he/she will grant you access to the US. This even applies once you have your package and OK from the US consulate.

Just trying to give my experience as a Canadian, middle aged female, with no criminal history, a well paying job, and strong ties to Canada, grew up in the US as a child of an American citizen. (All of that did not matter in this case.....yes, we did check....even US Border Control tried to assist once thinking this whole need to file a petition was ludicrous)

No matter what was said to you, it is illegal to travel to the US on a tourist visa with the intent to marry and adjust status. There is no gray area

[snowflakepr 16]

No matter what was said to you, it is illegal to travel to the US on a tourist visa with the intent to marry and adjust status. There is no gray area

Yes I understand that and never tried.....sorry if my statement led you to believe I was saying otherwise.

[alicia98981 128]

We're all agreed that marrying in the US on a B2 visa is legal but acquiring that B2 visa with prior intent to marry (and immigrate) will be extremely difficult.

well again our intent is not to immigrate on a b2 but rather meet family, complete premarital counseling, and then return to morocco to start the immigration process. I don't want to confuse anyone coming to the thread with new information.

No matter what was said to you, it is illegal to travel to the US on a tourist visa with the intent to marry and adjust status. There is no gray area

no one said anything about coming with intent to change status . . .

[lost_at_sea 995]

well again our intent is not to immigrate on a b2 but rather meet family, complete premarital counseling, and then return to morocco to start the immigration process. I don't want to confuse anyone coming to the thread with new information.

No, I think it's fine. There was a correction to a respondent who seemed to have wires crossed, but I think everyone knows that your intent is not to immigrate on the tourist visa.

However, as I and others said, obtaining the B2 - even with some evidence that you're only going to marry and then return to Morocco to do the immigration processing paperwork - may be nigh on impossible.

Your fiancé can obviously go ahead and try and get the B2, but it wouldn't be a surprise to see that be denied with an American fiancée + marriage plans in action.

You might want to revise your plan so it doesn't rely on obtaining the B2 in order to do the meet-and-greet, premarital counselling etc., incase that doesn't pan out.

Remember, the K1 path gives you 89 days in the USA together before you absolutely must be married (assuming you married on the last possible day - the 90th), so you would have almost 3 months in which to do meeting and counselling and get actually married. You can get wedding planning done, to a degree, before you are reunited in the USA, but there are many many couples on VJ who follow the K1 path and manage to get all the meeting and planning and marrying done in that 90 day window just fine.

Alternatively, you find a way to do those things whilst in Morocco and marry there, then begin the I-130 for CR-1 process.

Edited December 27, 2013 by lost_at_sea

[alicia98981 128]

No, I think it's fine. There was a correction to a respondent who seemed to have wires crossed, but I think everyone knows that your intent is not to immigrate on the tourist visa.

However, as I and others said, obtaining the B2 - even with some evidence that you're only going to marry and then return to Morocco to do the immigration processing paperwork - may be nigh on impossible.

Your fiancé can obviously go ahead and try and get the B2, but it wouldn't be a surprise to see that be denied with an American fiancée + marriage plans in action.

You might want to revise your plan so it doesn't rely on obtaining the B2 in order to do the meet-and-greet, premarital counselling etc., incase that doesn't pan out.

Remember, the K1 path gives you 89 days in the USA together before you absolutely must be married (assuming you married on the last possible day - the 90th), so you would have almost 3 months in which to do meeting and counselling and get actually married. You can get wedding planning done, to a degree, before you are reunited in the USA, but there are many many couples on VJ who follow the K1 path and manage to get all the meeting and planning and marrying done in that 90 day window just fine.

Alternatively, you find a way to do those things whilst in Morocco and marry there, then begin the I-130 for CR-1 process.

hmmmm, I agree. We were thinking that if the B2 Plan didn't work, we could still go with our original for the K1 instead. I read on the state department website their is a 21% chance of him as a residentof morocco getting denied, so we're kinda hoping for that route to work first. The real question is do we be completely honest about our marriage plans or do we we just stick with the visiting route? I was kinda hoping that sheer honesty and demonstrating a complete understanding of what our options are would show us some mercy LOL. But we are definitely prepared for the K1 route worst case scenario.