Marriage while on B1 and then petition for CR1

[IrinasMan 2]

Thank you all for your comments and advice. I think I get it now. The border guards won't let her in without a return ticket, so whatever date that says is when she will be leaving anyway. 

 

I would never try to deceive the border guards. They all have built-in BS detectots. Lol. But the truth of the matter is, she will be coming here to see if we are compatible in person. At this time, our plans do include marriage,  if we really are compatible, but we definitely have plans for her to go back to Russia on time.

 

From reading the forums here, we have decided that the CR1 will be the best option for us. I don't believe she will have any trouble getting this kind of visa, since the US has already issued her the B1/B2. My original question was really just trying to figure out if it would make a difference if she stated on arrival that she was going to be staying with me, versus not saying anything at all about her accommodations while she is here.

[Ortolan 381]

Coming to the U.S. on a B1/B2 visa is for business or tourism, not expressly to get married and STAY (as you know now); if you happen to get married while she is here on that visa, no big deal. BUT...she has to leave the country, within her allotted time.

 

When she comes, she'd better bring ample evidence that she intends to do just that, return to her homeland (proof of job, domicile in Russia, whatever she has to show that she definitely doesn't intend to stay here).  Keep copies of all travel records. And if asked she should always tell the truth.

[geowrian 22,338]

4 hours ago, Thesmiths2016 said:

2)  She should be honest, because if she's not and she's detained then it can cause problems later.  Are you actually boyfriend and girlfriend?  If so she should say she's visiting her boyfriend as you're doing long distance.  If you're not yet officially together then she is being honest by saying she's visiting a friend to see America. Immigration may look at the explanations on the system about her previous visits when it gets to the interview stage for her greencard, so she should be honest.  HOWEVER, visiting with intent to get married is fraud as the B1/B2 visa is not for this purpose, she would want a fiancé visa for this.  What reason did she give when she had her interview for her B1/B2?  (I have one so I'm aware of the process)

 

3)  You are best for her not to be in the USA when you get far into the process. The first stage is you petitioning for her to be allowed to apply for a greencard, I don't see any risk in this occurring while she's still there.  But the next stage which is the NVC stage it would probably be advisable to do when she's back home. In saying this ... it'll probably take til then to get to that stage anyway, the first part takes 5-6 months at the moment.

Coming to the US to marry is not fraud. That's perfectly acceptable. However, you cannot marry and stay in the US. As long as you leave afterwards (as OP noted), it's fine.

 

You can file the I-130 or even for the CR-1 visa while somebody is in the US. There's no issue in doing so at any stage, other than she needs to return home for the medical, interview, etc.

[ASMS 86]

5 hours ago, Thesmiths2016 said:

2)  She should be honest, because if she's not and she's detained then it can cause problems later.  Are you actually boyfriend and girlfriend?  If so she should say she's visiting her boyfriend as you're doing long distance.  If you're not yet officially together then she is being honest by saying she's visiting a friend to see America. Immigration may look at the explanations on the system about her previous visits when it gets to the interview stage for her greencard, so she should be honest.  HOWEVER, visiting with intent to get married is fraud as the B1/B2 visa is not for this purpose, she would want a fiancé visa for this.  What reason did she give when she had her interview for her B1/B2?  (I have one so I'm aware of the process)

I think this is not true (correct me if I'm wrong), but you can get married with a visitors visa, AS LONG as your intention is to return to your home country after the wedding and wait for your husband to start the petition.

[Boiler 46,242]

1 hour ago, ASMS said:

I think this is not true (correct me if I'm wrong), but you can get married with a visitors visa, AS LONG as your intention is to return to your home country after the wedding and wait for your husband to start the petition.

Absolutely

[SabRob 154]

3 hours ago, IrinasMan said:

Thank you all for your comments and advice. I think I get it now. The border guards won't let her in without a return ticket, so whatever date that says is when she will be leaving anyway. 

 

I would never try to deceive the border guards. They all have built-in BS detectots. Lol. But the truth of the matter is, she will be coming here to see if we are compatible in person. At this time, our plans do include marriage,  if we really are compatible, but we definitely have plans for her to go back to Russia on time.

 

From reading the forums here, we have decided that the CR1 will be the best option for us. I don't believe she will have any trouble getting this kind of visa, since the US has already issued her the B1/B2. My original question was really just trying to figure out if it would make a difference if she stated on arrival that she was going to be staying with me, versus not saying anything at all about her accommodations while she is here.

It would make a difference if she said she was going to stay somewhere else. The inevitable follow-up question would be "where are you staying?", and since she doesn't have any other plans, the CBP would get suspicious. It's better if she just tells them the truth. It's not the CBP officer's job to judge someone's relationship or how they met, when they intend to get married etc, all they want to know is that she's not coming in on her tourist visa with the intention of immigrating. As long as she proves that she's going back to her home country after her allotted visiting time, she will be fine. Sometimes, a return ticket isn't enough proof that she will be leaving, so she should make sure that she has other documents to prove her ties with her home country: letter from employer, lease agreement...whatever she considers that is relevant to her current situation. 

 

Best of luck!

[SabRob 154]

Something else I'd like to add is that it's very important for her to have your phone number in her phone. Sometimes, if the CBP officer wishes to confirm her story/arrangements, they will want to call you in order to do so. One time, I had a layover in Amsterdam and I had to go through some sort of pre-screening before I was allowed to board the plane to the US. The lady who interviewed me wanted to see my then boyfriend's phone number on my phone, what app we used to talk to each other, show her his last text etc etc. They can get extremely intrusive so she should be prepared to face scrutiny. It might happen, it might not happen, but it's always better to be prepared.

Edited April 17, 2017 by SabRob

[mrtravel 40]

23 hours ago, IrinasMan said:

I have been searching on this forum, and can't quite find my exact situation., so any hrlp would be appreciated.

 

I have met a wonderful Russian woman online. Common story, I know. She already has her B1 visa, and would like to come and stay with me for a few months to see if we click as well in person as we do in video chat. If so, then we will almost certainly get married while she is here. Our plan from there is to have her return to Russia and settle her affairs,  and apply for a CR1 visa. I think we will be following all the correct procedures if we follow this plan, so here are my questions:

 

1) When she arrives, how long should she state as her intended length of stay?

 

2) Will it matter that she will be staying with me, as far as the border guard allowing her to have the full 6 months?

 

3) Can we apply for the CR1 while she is still here, and have it processing while she is back in Russia?

 

If there are any concerns that I should know about, I would rather know now, rather than after she gets here.

 

Thanks is advance for any advice.

1.  She should state how long she intends to stay. 
2. Well, that is up to CBP.   She should be honest about who she is staying with.  
The visa can be used for up to 6 months, but a stay of that duration is sure to bring up more questions.
After, all, "ties to the home country" might be an issue if things are unaffected there by a 6 months absence
There is also the question of money, such as for CBP to wonder if she might be considering illegally working in the US while on the B2.
3. Yes, you can file the I-130 with her here. .........  I would recommend not doing it too soon after arrival.

[dawning 212]

23 hours ago, gregcrs2 said:

 

 

There are reasons why you should visit her first.  One of them being that you are not being scammed. 

 

 

Doesn't she need to check and find out if she's being scammed?  I don't know why his reassurance takes priority over hers; both have potentially a lot at stake. 

 

If what you meant is that he should visit her before marrying and filing for a cr-1, rather than that he must visit her before she visits him,I might be more inclined to agree with you, as they have the luxury of both visiting each other as she already has a visiting visa to the US.  But I don't see why it's important that he visit her in Russia before she visits him in the US?

[mrtravel 40]

4 hours ago, ASMS said:

I think this is not true (correct me if I'm wrong), but you can get married with a visitors visa, AS LONG as your intention is to return to your home country after the wedding and wait for your husband to start the petition.

And, if the intent on arrival was to not get married and stay, it is still possible to marry a US citizen, file AOS and stay.

[gregcrs2 1,778]

1 hour ago, dawning said:

Doesn't she need to check and find out if she's being scammed?  I don't know why his reassurance takes priority over hers; both have potentially a lot at stake. 

 

If what you meant is that he should visit her before marrying and filing for a cr-1, rather than that he must visit her before she visits him,I might be more inclined to agree with you, as they have the luxury of both visiting each other as she already has a visiting visa to the US.  But I don't see why it's important that he visit her in Russia before she visits him in the US?

It's because there are lots of scams from women in former soviet countries.    Try doing a search on "Russian Women scams" and you will see what I mean.