Marriage options

[Gringuitico 4]

Hi there,

 

My partner and I have ultimately decided to do the IR1/CR1 process.  I have a question about marriage location that I haven't seen addressed here, but I apologize if it's a repeat.  We currently both live in Costa Rica, but I plan to move to the US within a week and a half, and we're not married yet.  We're not 100% certain we can pull off a marriage (i.e. paperwork requirements) in our time remaining (until recently, we were set on Fiance visa, but due to other circumstances we changed our minds and decided to go straight to spouse visa).

 

So, the question:  Is it bad juju (i.e. problematic) if she visits me in the US in a few months (on tourist visa), and we get married while she's here, but then she still LEAVES as planned (ie 2 week trip, tops).  That is, we would not apply for change of status, because I know that's frowned upon (or not legal, depending on context).  We'd still plan to start the process after she left the country, and the purpose of her visit to the US remains for tourism.  The only change would be we got married here, instead of there (taking advantage of us being in the same place at the same time).

 

Do y'all see that as a problem?

[Sidney and Dennis 40]

8 minutes ago, Gringuitico said:

Hi there,

 

My partner and I have ultimately decided to do the IR1/CR1 process.  I have a question about marriage location that I haven't seen addressed here, but I apologize if it's a repeat.  We currently both live in Costa Rica, but I plan to move to the US within a week and a half, and we're not married yet.  We're not 100% certain we can pull off a marriage (i.e. paperwork requirements) in our time remaining (until recently, we were set on Fiance visa, but due to other circumstances we changed our minds and decided to go straight to spouse visa).

 

So, the question:  Is it bad juju (i.e. problematic) if she visits me in the US in a few months (on tourist visa), and we get married while she's here, but then she still LEAVES as planned (ie 2 week trip, tops).  That is, we would not apply for change of status, because I know that's frowned upon (or not legal, depending on context).  We'd still plan to start the process after she left the country, and the purpose of her visit to the US remains for tourism.  The only change would be we got married here, instead of there (taking advantage of us being in the same place at the same time).

 

Do y'all see that as a problem?

The only issue I see is what if your fiancé doesn't get approved for the tourist visa? Why did you decide against the fiancé visa?

[Dashinka 24,649]

16 minutes ago, Gringuitico said:

Hi there,

 

My partner and I have ultimately decided to do the IR1/CR1 process.  I have a question about marriage location that I haven't seen addressed here, but I apologize if it's a repeat.  We currently both live in Costa Rica, but I plan to move to the US within a week and a half, and we're not married yet.  We're not 100% certain we can pull off a marriage (i.e. paperwork requirements) in our time remaining (until recently, we were set on Fiance visa, but due to other circumstances we changed our minds and decided to go straight to spouse visa).

 

So, the question:  Is it bad juju (i.e. problematic) if she visits me in the US in a few months (on tourist visa), and we get married while she's here, but then she still LEAVES as planned (ie 2 week trip, tops).  That is, we would not apply for change of status, because I know that's frowned upon (or not legal, depending on context).  We'd still plan to start the process after she left the country, and the purpose of her visit to the US remains for tourism.  The only change would be we got married here, instead of there (taking advantage of us being in the same place at the same time).

 

Do y'all see that as a problem?

Many people take this route, but it does have its risks.  The question is does your fiancé already have a tourist visa?  If so, then when coming to the US they will need to convince the CBP officer that they are not planning on staying after the wedding since the intention of this trip is to get married and leave.  If they do not already have the visa, then it could be even more difficult as they will have to convince a consulate IO of their strong ties to return after the wedding, then if successful will again have to convince the CBP officer when they attempt to enter.

 

That being said, it is perfectly fine to do your wedding in this way, just make sure you both understand the risks.

 

Good Luck!

[Gringuitico 4]

Well, she already has a tourist visa, so that's not an issue. We decided on spouse visa for a couple reasons.  One is legal status in Costa Rica, which will help us with some local issues (that I don't need to get into here, but being married sooner rather than later helps).

 

Two is about the issue of economic stability.  Having read through several other threads here on the subject, it looks like the joint sponsor form for fiance visas is not as enforceable as the equivalent form for spouse visa. As such, if the joint sponsor (who is not me) is the ONLY source of income indicated at the time of application, there's apparently a higher risk of being rejected.   As such, I'd realistically need to be able to show at LEAST 3 months of pay stubs to demonstrate my own economic stability. That means, practically speaking, that I'd need to wait at least 4 months before starting the process, and that assumes I get a job almost instantly upon arrival. So...there goes the lion's share of the time savings, while still costing nearly double for the more complicated process of adding on a status change.

 

With the reasons in favor (of k3) diminished, and the reasons against increased (for us), the decision was clear enough

[GreatDane 366]

Why not get legally married now and have a ceremony later? It would speed up the paperwork process, as long as it is something you are both interested in. 

[Gringuitico 4]

There would be no need to tell the border guard the details of our planned trip. Tourism is enough. She'd be traveling separately anyway.

 

But I'm glad to see that at least two opinions think this is legit enough as a strategy!

 

Thank you

[Gringuitico 4]

2 minutes ago, GreatDane said:

Why not get legally married now and have a ceremony later? It would speed up the paperwork process, as long as it is something you are both interested in. 

It's not an issue of the ceremony. That's already planned for later. It's a question of whether we can get all necessary paperwork here before I have to leave. I already have a ticket paid for and a job interview the day after arrival, so changing the travel date is also not an option.

Edited July 10, 2017 by Gringuitico

[Eric-Pris 1,607]

I assume that she already has a tourist visa since getting approved for one there is very difficult, especially for a single female.

 

As long as she goes back, it shouldn't be a problem.  But be careful about what she will say to immigration at the airport upon arrival.  She should not lie to them.  You don't want to give up info but if asked, don't lie.  In other words, if they ask do you have a boyfriend in the US, be truthful.  It may lead to refusal and sent back, but better than being caught in a lie and getting a lifetime ban.

[Eric-Pris 1,607]

5 minutes ago, Gringuitico said:

Well, she already has a tourist visa, so that's not an issue. We decided on spouse visa for a couple reasons.  One is legal status in Costa Rica, which will help us with some local issues (that I don't need to get into here, but being married sooner rather than later helps).

Yea "living" in CR as a perpetual tourist (leaving every 90 days sucks-if you can get a 90 day stamp coming in, sometimes they give less).  But I don't think that you will be able to get a cedula right away.  You would have to live with her for 6 months I think.  I looked into the rules after I married my Tica but I don't remember.

[Eric-Pris 1,607]

4 minutes ago, Gringuitico said:

It's not an issue of the ceremony. That's already planned for later. It's a question of whether we can get all necessary paperwork here before I have to leave. I already have a ticket paid for and a job interview the day after arrival, so changing the travel date is also not an option.

I'm not sure if you know this, but a lawyer can marry you there.

[Gringuitico 4]

1 minute ago, Eric-Pris said:

Yea "living" in CR as a perpetual tourist (leaving every 90 days sucks-if you can get a 90 day stamp coming in, sometimes they give less).  But I don't think that you will be able to get a cedula right away.  You would have to live with her for 6 months I think.  I looked into the rules after I married my Tica but I don't remember.

I'm actually a (dual) citizen of Costa Rica (from a previous marriage).  Also, just to clarify, I'm already in CR.  I'm moving back to the US in a couple weeks.  She'll follow me later, upon approval of her immigrant visa. I've lived here for 5 years.  So, no issues there.  

 

 

Just now, Eric-Pris said:

I'm not sure if you know this, but a lawyer can marry you there.

Oh yeah, I'm well-aware, thanks.  I'm not the church type, so lawyer is my only option. 

[lacolinab13 86]

Sounds like a fine plan.

 

She should be honest with CBP and can bring proof of ties to home to present to the officer if they raise any issues. 

[mallafri76 1,012]

Lots of people enter the US on VWP and tourist visas with the intent to marry and go back home, myself included. It's perfect legal. Since she already have a tourist visa, and pressumably a history of visiting the US and leaving within the given timeframe, that will work in your favor. Just make sure she brings good ties to Costa Rica, just in case CBP asks for it.

[fcl 42]

That's how we started our journey, got in with a tourist visa (b1/b2/BCC),  got married in the us, returned home and started the process. It's perfectly fine.  And i visit my wife 2 or 3 days a week.