Asking for A Friend

[MrsJerradi 0]

Hi all,

 

Hope you are well. I am sure the answer to my question is out there somewhere but I have not been able to find it, so I thought I would come here and consult you all. My uncle met a woman from Kuwait online a few months ago and they instantly clicked. Its beautiful. She currently has a 10 year visa (her second one) and has entered the US several times before. She came here recently to meet him in person and they have decided now that they want to marry in January - I already know what you are thinking. I am wondering what is the best course of action for them? I have done some research on my own and found that they have several options, but the ones that seem most plausible are the K1, CR-1, and change of status. (?) For the change of status, authorities determine the marriage to be of "good faith" using the 30/60 rule, where if the visitor marries less than 30 days after the time that he/she enters the US then it could be considered fraud. As far as that goes, what is determined as the time of entry? I'm sure I will have more questions for you. Thank you kindly for your help.

 

Sincerely,

Niece In Distress

[Dashinka 24,498]

The thing they have to think about regarding entering on a visitor visa with the intention to stay marry and adjust is considered fraud.  I realize this is a fine line with people that enter the meet someone decide to get married then stay and adjust, but it really comes down to the intentions at the time of entrance.  If she enters and CBP asks her what her intentions are she is required to respond truthfully and if those intentions are to visit her fiancé and get married they will most likely scrutinize her proof that she will not stay and adjust.  It is legal to enter the US with the intention to get married and subsequently leave and wait for a CR1.  I would suggest focusing on either the K1 or CR1 since it is established that the intend to get married.

 

Good Luck for your uncle.

[EvolvingOutLoud 10]

1 hour ago, MrsJerradi said:

She currently has a 10 year visa (her second one) and has entered the US several times before.

 

She came here recently to meet him in person and they have decided now that they want to marry in January - I already know what you are thinking. I am wondering what is the best course of action for them? I have done some research on my own and found that they have several options, but the ones that seem most plausible are the K1, CR-1, and change of status. (?) For the change of status, authorities determine the marriage to be of "good faith" using the 30/60 rule, where if the visitor marries less than 30 days after the time that he/she enters the US then it could be considered fraud. As far as that goes, what is determined as the time of entry? I'm sure I will have more questions for you. Thank you kindly for your help.

 

Sincerely,

Niece In Distress

Hi there!

 

As to eliminate any assumptions, please could you confirm the following:

 

1) Is your uncle a USC or LPR? (United States Citizen / Legal Permanent Resident).

 

2) What type of visa does your uncle's fiancée currently hold?

 

3) Is your uncle's fiancée already in the US? If so, did the proposal/intent to marry occur before or after their arrival?

 

A K1 is a visa for a fiance/e who is overseas and, if approved, allows them to enter the US and marry their petitioner within 90 days.

 

A CR1 would be required if they decided to marry here and following that the beneficiary returned to her home country before moving to the USA to be with the petitioner.

Edited September 30, 2017 by EvolvingOutLoud

[MrsJerradi 0]

10 hours ago, EvolvingOutLoud said:

Hi there!

 

As to eliminate any assumptions, please could you confirm the following:

 

1) Is your uncle a USC or LPR? (United States Citizen / Legal Permanent Resident).

 

2) What type of visa does your uncle's fiancée currently hold?

 

3) Is your uncle's fiancée already in the US? If so, did the proposal/intent to marry occur before or after their arrival?

 

A K1 is a visa for a fiance/e who is overseas and, if approved, allows them to enter the US and marry their petitioner within 90 days.

 

A CR1 would be required if they decided to marry here and following that the beneficiary returned to her home country before moving to the USA to be with the petitioner.

Hey! Thank you for your questions -

 

1. My uncle is a USC from birth.

2. She holds a 10 year B2 visa (tourist)

3. His fiancée is now in Kuwait as she works there. She did not have the intent to marry when she visited here but they decided that they wanted to marry once she was home in Kuwait.

 And I see now. I have discussed these things with them in with the little knowledge that I have but they still want to plan for a wedding in January. If they are stuck on the January wedding then they should try for the CR1 but my uncle would not want her to go back home. She wants to eventually become a resident to live here with him.

Edited September 30, 2017 by MrsJerradi

[MrsJerradi 0]

11 hours ago, Bill & Katya said:

The thing they have to think about regarding entering on a visitor visa with the intention to stay marry and adjust is considered fraud.  I realize this is a fine line with people that enter the meet someone decide to get married then stay and adjust, but it really comes down to the intentions at the time of entrance.  If she enters and CBP asks her what her intentions are she is required to respond truthfully and if those intentions are to visit her fiancé and get married they will most likely scrutinize her proof that she will not stay and adjust.  It is legal to enter the US with the intention to get married and subsequently leave and wait for a CR1.  I would suggest focusing on either the K1 or CR1 since it is established that the intend to get married.

 

Good Luck for your uncle.

Thank you for your very quick response! I appreciate the information and will relay this to them. It will be a disappointment :/ but these are the things that will have to be done in order to be together.

[EvolvingOutLoud 10]

3 minutes ago, MrsJerradi said:

Hey! Thank you for your questions -

 

1. My uncle is a USC from birth.

2. She holds a 10 year B2 visa (tourist)

3. His fiancée is now in Kuwait as she works there. She did not have the intent to marry when she visited here but they decided that they wanted to marry once she was home in Kuwait.

 And I see now. I have discussed these things with them in with the little knowledge that I have but they still want to plan for a wedding in January. If they are stuck on the January wedding then they should try for the CR1 but my uncle would not want her to go back home. She wants to eventually become a resident to live here with him.

Thank you for providing the information requested.

 

You are absolutely correct that if they are determined to marry in January, his spouse will need to return to Kuwait and he will be required to apply for a CR1 visa for her to join him in the USA.

 

As I'm sure you are aware, it would be visa fraud for her to stay and to try and adjust status following the marriage. Not only would the application be denied but if they were to lie, it comes with great penalties such as fines/jail time.

 

With marriage being the lifelong commitment that it is intended to be, the waiting period hopefully will follow suit of 'absence makes the heart grow fonder'.

 

Are you enjoying getting to know your soon to be new Auntie? 😀.

[MrsJerradi 0]

2 hours ago, EvolvingOutLoud said:

Thank you for providing the information requested.

 

You are absolutely correct that if they are determined to marry in January, his spouse will need to return to Kuwait and he will be required to apply for a CR1 visa for her to join him in the USA.

 

As I'm sure you are aware, it would be visa fraud for her to stay and to try and adjust status following the marriage. Not only would the application be denied but if they were to lie, it comes with great penalties such as fines/jail time.

 

With marriage being the lifelong commitment that it is intended to be, the waiting period hopefully will follow suit of 'absence makes the heart grow fonder'.

 

Are you enjoying getting to know your soon to be new Auntie? 😀.

Thank you for the info. It was very much needed and helpful! I am enjoying getting to know her. I really like her and I look forward to having her in my family. There are so many things that she can teach me. I really admire her. Thank you so much for asking.

[geowrian 22,337]

5 hours ago, MrsJerradi said:

3. His fiancée is now in Kuwait as she works there. She did not have the intent to marry when she visited here but they decided that they wanted to marry once she was home in Kuwait.

Since she is now outside the US, AOS is no longer possible and entering with intent to AOS would be fraud.

 

The fastest route to live in the US is a K-1. But this is the more expensive option, she cannot work for several months after entry, and she cannot travel abroad & return for several months after entry. ETA: ~7-9 months on average currently. They would need to remain single until after she enters on the K-1 visa, so a January wedding timeframe is not a realistic possibility with this option.

 

Getting married (anywhere) then filing for a CR-1 visa is the other option. It's cheaper and permits working and traveling abroad right away. ETA: ~12-14 months on average currently. They cannot file the I-130 to start the process until after they are married.

 

She can continue to visit in both cases, assuming she can continue to show sufficient ties to CBP at POE.

 

Keep in mind the short period of time together before getting married may raise additional scrutiny. More time in person would be suggested before filing and/or the embassy interview.

 

5 hours ago, EvolvingOutLoud said:

Not only would the application be denied but if they were to lie, it comes with great penalties such as fines/jail time.

A permanent bar on any visa and getting deported is the most likely result if they find fraud.

Edited October 1, 2017 by geowrian

[EvolvingOutLoud 10]

26 minutes ago, geowrian said:

A permanent bar on any visa and getting deported is the most likely result if they find fraud.

^^^Ah yes, this, sorry, tired brain.

[Dashinka 24,498]

On 9/30/2017 at 9:56 PM, geowrian said:

Since she is now outside the US, AOS is no longer possible and entering with intent to AOS would be fraud.

 

The fastest route to live in the US is a K-1. But this is the more expensive option, she cannot work for several months after entry, and she cannot travel abroad & return for several months after entry. ETA: ~7-9 months on average currently. They would need to remain single until after she enters on the K-1 visa, so a January wedding timeframe is not a realistic possibility with this option.

 

Getting married (anywhere) then filing for a CR-1 visa is the other option. It's cheaper and permits working and traveling abroad right away. ETA: ~12-14 months on average currently. They cannot file the I-130 to start the process until after they are married.

 

She can continue to visit in both cases, assuming she can continue to show sufficient ties to CBP at POE.

 

Keep in mind the short period of time together before getting married may raise additional scrutiny. More time in person would be suggested before filing and/or the embassy interview.

 

A permanent bar on any visa and getting deported is the most likely result if they find fraud.

I agree.

 

To the OP.  In this case if she can prove strong ties, I would still keep the January wedding date, have her enter on the visitor visa for the wedding, then leave while the CR1 is processed.  They can even plan to put together the CR1 package while she is here, so if they keep this plan, she should bring any documents needed for this submission.  Her visitor visa will still be active, so assuming they can afford it, she can continue to visit during the CR1processing again assuming she can show strong ties that she does not intend to stay when she enters the country.  Once the CR1 is issued, the visitor visa will be inactivated and her next entry would be to stay as an LPR.  As @geowrian stated, a January wedding with a K1will not be possible given current processing times, so if they intend to keep this date, I would focus my research on the CR1.

 

Good Luck to your Uncle.