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rmassillon

Need Immigration Advice

By rmassillon in IR-1 / CR-1 Spouse Visa Process & Procedures

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aaron2020 Grand Master

aaron2020   11,651

Posted
Filed: Country: Vietnam (no flag)
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What you can also do is let her enter the US with her German passport and start the process here. She doesn't need a visa to enter the US.

Uh? Immigration fraud?

Germans don't need a visa if they can use the VWP with a valid ESTA. Have you considered passing ESTA?

Furthermore, it's illegal to enter the US on the VWP with the intent to immigrate.

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kari81 Enthusiast

kari81   18

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Filed: K-1 Visa Country: Ghana
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Uh? Immigration fraud?

Germans don't need a visa if they can use the VWP with a valid ESTA. Have you considered passing ESTA?

Furthermore, it's illegal to enter the US on the VWP with the intent to immigrate.

Where is the fraud here? The "intent" is too subjective. A lot of people come with B-2 visa and later adjust their status to permanent residents. As long as she enters the States legally I don't see any fraud. Unless this guy doesn't want to speed things up to live with her future wife, I don't see anything illegal with his girl using this easy avenue.

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aaron2020 Grand Master

aaron2020   11,651

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Filed: Country: Vietnam (no flag)
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Posted (edited)

Where is the fraud here? The "intent" is too subjective. A lot of people come with B-2 visa and later adjust their status to permanent residents. As long as she enters the States legally I don't see any fraud. Unless this guy doesn't want to speed things up to live with her future wife, I don't see anything illegal with his girl using this easy avenue.

If you don't see any fraud, then would you advise them to be honest and tell the CBP about her intent to immigrate when entering on a non-immigrant visa? If it's not illegal according to you for her to enter on the VWP with the intent to adjust, then what's the harm in stating her intentions to immigrate? Nothing subjective when the stated intention is to enter on te VWP and adjust as you suggested. Edited by aaron2020
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rmassillon Rookie

rmassillon   0

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Filed: IR-1/CR-1 Visa Country: Germany
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If she were to enter the US from Germany and we apply for the CR1 after marriage, can she head back to Germany for the interview at that point?

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NikLR Grand Master

NikLR   13,227

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Filed: Lift. Cond. (apr) Country: Canada
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If she were to enter the US from Germany and we apply for the CR1 after marriage, can she head back to Germany for the interview at that point?

Well the interview wouldn't be that quick but yes, you can file the petition as soon as you have the marriage certificate in your hands.

You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

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Ryan H Grand Master

Ryan H   3,812

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Filed: Lift. Cond. (apr) Country: China
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One post advocating visa fraud has been removed.

Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

December 18, 2023:  Filed I-90 to renew Green Card

December 21, 2023:  Production of new Green Card ordered - will be seeing USCIS again every 10 years for renewal

 

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