CR-1 in progress, but moving back anyway

[lunchboxthermos 1]

Hi all,

need advice for a friend.  USC living and working overseas applied for spouse visa for wife (they also have 2 kids who were born overseas but are USC).  it's been over 10 months and they never heard anything after receiving the NOA1.  however, they are in a hurry to move back to US, and so they just decided to move back anyway.  

 

my question is whether the wife will even get through immigration once they land here?  and what would happen if she does get through?  is it possible to finish the CR-1 process while here in the US?  they had heard (i don't know if the information is correct or not) that if they never started the 2nd part of the CR-1 process (meaning the NVC stage), then they could do it here.  i'm not so sure about that though.

 

would appreciate your help. 

[geowrian 22,337]

Their plan is clear visa fraud. You cannot enter on a tourist visa (or ESTA) with intent to stay in the US. You cannot complete the CR-1 process as that is a visa and visas are for entering the US (plus there are no embassies within the US to interview). Being in a hurry is no excuse to try to cut the line...everybody wants the process to be over faster.

 

There is a process to obtain a green card once in the US, but again that's not available to them as it is fraud for them to enter the US with the intent to stay.

They can visit the US (assuming she can show intent to go return home), but she would need to complete the process abroad still.

[swe_jill 7]

Yes, this. When we first started this process and I was quite naive to how things worked, I posed this question (but for IR1, not CR1) to a USCIS Field Office and received in return a seriously stern email informing me that would be visa fraud and my husband would possibly be refused entry for intent to commit fraud. 

[Ryan H 3,812]

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