Plan for CR-1 - does it seem okay?

[Elrona 101]

I'm quite new to the forum and starting to figure everything out. Have already done some research to see which way would be best to go with and have concluded that CR-1 seems the most logical. I just wanted to check whether in theory our plan would work or are there some errors that me and my boyfriend have not noticed.

 

He will come to visit me in Estonia in May 2017, after what we will fly to US and stay there for three weeks. Then we will move to New Zealand for seasonal work and stay there from end of June 2017 until end of October 2017. Our plan right now is to get married in New Zealand in August 2017 or September 2017 and then start the CR-1 process while we are still in New Zealand.

 

In the end of October we would both fly to USA. He will start his work in October, I would stay there until end of December using WVP. I know that I might be denied in POE because the CR-1 process is already on its way and I "have intent to immigrate". I honestly don't have it, as in January 2018 - April 2018 I have job in Estonia, that I'm really looking forward to. I am prepared to gather bunch of evidence to prove I plan to leave at the right time and not immigrate to US after I am allowed to do it legally.

 

Our hope is that my visa interview would happen between January 2018 and May 2018 when I'm in Estonia as in the end of June 2018 we are both going to New Zealand again for work. As soon as visa interview is done (of course me passing it) and visa issued, I'd pack my things and move to US.

 

I know that its impossible to predict how fast CR-1 goes and there might be unexpected delays and problems. But if users who have more experience and knowledge than two of us, see any flaws or errors in our idea, then I'd be very happy if you'd leave your response.

[kiwicana 24]

Totally unrelated but depending on where you end up in NZ, let me know if you need any help with wedding stuff! I'm in the wedding industry near Mt Cook in the South Island so I know some people! Good luck with all your plans!

[Unlockable 7,316]

HI, welcome to the forum.

 

You are correct that it is impossible to predict. The CR1 can take as little as 9 months to as much as 18 months or even more. But it is trending at taking 1 year. If you are flexible in waiting for the interview than you should be fine, you can simply just continue to wait. But hoping and basing plans on a specific time period that is actually shorter that average processing times is risky. 

[p-ana 933]

It takes around a year for you to get visa in hand after filing, so I would expect interview Later in 2018. An interview between January and may 2018 doesn't seem too accurate. Other than that your plan seems good

[EandH0904 1,184]

And just remember if you are working for a few months here and a few months there that he needs to meet the financial requirements or get a sponsor too!  Good luck!  You may get denied entry but it can't hurt to try! 

[Leafsfan 54]

Welcome to the site and best of luck with everything. It's already been touched on, but it's impossible to guess how long the process may take. Mine was approved in 6 months, but I see others on here that are close to 20 and still waiting. One piece of advice I can offer for when you come to the USA with your spouse, is already have your airfare back to Estonia booked and paid for. Have a copy to present to the CBP officer, this may satisfy your intent to leave on a specific date. You could also ask for a visitor record if you're worried; it's something that's returned to CBP when you leave the country on the predetermined date, a little extra assurance that you're not intending to overstay. Don't forget that your spouse is responsible for the affidavit of support, and will have to show a certain threshold of steady income. If this is something that you're not sure of based on their time out of the country, you may need a family member of theirs to be a co sponsor.

[Elrona 101]

Thank you all for your answers!! Reading through the answers we might move the date forward. We could even already get married in May during my visit to U.S. but I’m afraid that if I’d state „I plan to get married on WVP“ on POE, it might be alarming. Or it might even be causing some troubles when coming back later in 2017. Will have to have a look at it... Maybe we will do it in the spun of a moment. We do not plan to have big wedding anyway – just simple office one.

 

We did had a look at the affidavit of support requirements and should not have problems with it. Just in case we already know his mom is willing to co-sponsor. Its just the job (we both work in snowsports industry) that requires some travelling every year.

 

Kiwicana, we’ll be located on the North Island. Although I am trying to convince him that we should get married on top of the mountain and then ski down (with me in a wedding dress and he in a suit). Might be a bit hard to find someone willing to come up to do the ceremonty there though!

 

Leafsfan, thanks for the mention of visitor record! I will probably ask for it. Everything that would help to strengthen my promise to leave, would be great!

[Thesmiths2016 117]

Hi, firstly its a small world ... I see Denver CO in your info, which is where we plan to move to. We're currently in New Zealand where you're going, in the north island too :-)
Secondly, plan on a year to 13 months, NVC keeps moving their estimated processing times to longer. We had a delay of a few weeks where we could have sped things up, but we are currently at 1 year and looking at probably another 4-8 weeks.  Unfortunately its hard to predict and not really any way to speed them up. 

Thirdly, when visiting they'll want to see proof you're leaving (flight booked and paid for), ties back home such as a bank account, and any evidence of your job you're going to would also assist in your argument for "I'm not intending to illegally immigrate".
DO NOT get tempted to get married there and file for the visa from within the US, if you get caught its immigration fraud and you risk never being allowed to immigrate. Don't take the risk. 

PS: get married in NZ, its beautiful here :-)

All the best with your journey!

[Elrona 101]

Oh hi there! Yes, the world seems to be small!

 

Oh thats too bad to hear that the process is taking longer and longer now... But there's nothing to do, will just have to endure it.

 

Getting married in US (on WVP) is okay but yes, its good fact about when to file for the visa. Thinking now, if we get married in US and send the application after having left USA (lets say we fly out on 15th of June and send the application so that the post stamp will be 16th of June), it should be okay? I don't have any plans to enter USA, get married on VWP and then try to adjust the status while sitting in US waiting for it. That would mess things up for the rest of our lives!

 

And of course, when that would be too risky, then we will have to get married in New Zealand. Won't be too bad as then my dream to get married in winter, would come true