From CR-1 Application Submission to Grant of Visa

[SonofBaraka 1]

My fiance and I(a U.S. citizen) intend to marry in June and immediately apply for a visa to the U.S beginning in August. We intend to spend approximately 8 months in the U.S. and return to Thailand, where we live. How long could this process take and how long can we spend in the states with this visa?

I should have added she is a 34-year old Philippine national.

Edited February 25, 2018 by SonofBaraka

[Crazy Cat 42,561]

6 minutes ago, SonofBaraka said:

My fiance and I(a U.S. citizen) intend to marry in June and immediately apply for a visa to the U.S beginning in August. We intend to spend approximately 8 months in the U.S. and return to Thailand, where we live. How long could this process take and how long can we spend in the states with this visa?

I should have added she is a 34-year old Philippine national.

1.  Your plan, as written, is not feasible.  First, CR-1 visas are for living in the US, not for visiting a few months. Second, where do you plan to marry in June?  If you plan to marry inside the US, she must first gain entry, which would have to be via a visitor visa.  That, in itself, is a difficult task.  If you plan o marry outside the US, then she will have to remain there (or somewhere) until the process is done.  See #2 below:

 

2.  CR-1 visas take 12-14 months assuming there are no delays.

 

[Crazy Cat 42,561]

One more thing.  The ONLY way for her to enter and stay inside the US for 8 months would be via after obtaining either a K-1 fiance visa or the CR-1 visa.  And as I said, CR-1 visas are for living inside the US, not for vists of a few months.

[Crazy Cat 42,561]

I reread your original post.  It seems to me that your plan is:

 

1.  Marry in June outside the US.

2.  Travel to the US and stay for 8 months

3.  Return to Thailand to live

 

If that is the case, your (then) spouse would have to obtain a visitor visa from her home country or a country from which she is a legal resident.  If successful (which is very doubtful in my opinion) She would only be allowed to remain inside the US for as long as the time given by the CBP offer upon entry.  It will not be 8 months.  At most, it would be only a few months.  In the scenario I described, a CR-1 visa would not be appropriate.

[payxibka 10,047]

1 hour ago, missileman said:

1.  Your plan, as written, is not feasible.  First, CR-1 visas are for living in the US, not for visiting a few months. Second, where do you plan to marry in June?  If you plan to marry inside the US, she must first gain entry, which would have to be via a visitor visa.  That, in itself, is a difficult task.  If you plan o marry outside the US, then she will have to remain there (or somewhere) until the process is done.  See #2 below:

 

2.  CR-1 visas take 12-14 months assuming there are no delays.

 

He is probably considering to do DCF via Bangkok USCIS office.

 

Agreed his plan is flawed because the intent is not to reside in the USA which is the purpose of the CR-1 visa

[Crazy Cat 42,561]

6 minutes ago, payxibka said:

He is probably considering to do DCF via Bangkok USCIS office.

 

Agreed his plan is flawed because the intent is not to reside in the USA which is the purpose of the CR-1 visa

Maybe so.  It would be nice if the OP came back here to clarify.  

[bakphx1 789]

Just wanted to echo above. If you plan to live in Thailand after receiving the visa, you will abandon it, so essentially you will have done everything for no benefit.   I would say to set aside the visa for when you decide to move to the states. 

[kris&me 572]

In relation to your query why apply for US visa?

why not just live in Thailand ? 

you are looking at over a year for approval of spouse visa 

and when asked at embassy interviw about what you plan (for your life in the US) and you say , we plan to live in Thailand,  you take the chance of denial

BTW this is one of the questions frequently asked now

you can  not lie to any questions the CO will ask you

[SonofBaraka 1]

Wow! I haD no idea CR-1 visa was for those people who intend to live in the states, let alone the 8-12 month delay. We have no interest in living in the U.S., but in Thailand.

Suppose we apply for a K-1 visa, thru DCF via Bangkok USCIS office. How long would it take to get? Would that mean we have 90 days to get married in the States? That is doable. What else do we need to know?

[Crazy Cat 42,561]

1 hour ago, SonofBaraka said:

Wow! I haD no idea CR-1 visa was for those people who intend to live in the states, let alone the 8-12 month delay. We have no interest in living in the U.S., but in Thailand.

Suppose we apply for a K-1 visa, thru DCF via Bangkok USCIS office. How long would it take to get? Would that mean we have 90 days to get married in the States? That is doable. What else do we need to know?

You still don't get it....a K-1 is also for those who will live in the US.......I highly suggest you read the guides section...after marrying in the US, the immigrant will not get a green card for many months.....K-1s take 9-12 months to get.....and you still MUST reside in the US afterwards.....if you have no interest in living in the US, a tourist visa is the only option.....and it will be very difficult to obtain.....

Edited February 26, 2018 by missileman

[Crazy Cat 42,561]

Let me repeat.....the US citizen MUST prove domicile in the US for both K-1 and CR-1 visas....so why would you want to DCF for a K-1?

Edited February 26, 2018 by missileman

[ms_bobdog 501]

3 hours ago, SonofBaraka said:

Wow! I haD no idea CR-1 visa was for those people who intend to live in the states, let alone the 8-12 month delay. We have no interest in living in the U.S., but in Thailand.

Suppose we apply for a K-1 visa, thru DCF via Bangkok USCIS office. How long would it take to get? Would that mean we have 90 days to get married in the States? That is doable. What else do we need to know?

What is your intent of wanting a CR-1? Or even a K-1? So that your would-be spouse is able to visit the US? If that's the case, that is the wrong reason to apply. 

[SonofBaraka 1]

2 hours ago, missileman said:

You still don't get it....a K-1 is also for those who will live in the US.......I highly suggest you read the guides section...after marrying in the US, the immigrant will not get a green card for many months.....K-1s take 9-12 months to get.....and you still MUST reside in the US afterwards.....if you have no interest in living in the US, a tourist visa is the only option.....and it will be very difficult to obtain.....

 

[SusieQQQ 11,587]

You need to get her a tourist visa, you don’t need to wait till marriage for that. She can apply before and - if she gets it - then you can use it straight after marriage. But as others have mentioned, 8 months is too long a stay, max stay the CBP officer will grant is 6 months. (Some B visas have longer stays granted but as far as I know those are “special case” ones, not normal tourist visas)

[SonofBaraka 1]

First of all, many thanks to you for making it clear that we cannot get either a CR-1 or a K-1 visa. And for steering me to the guide. Before I continue, let me make clear that I am a U.S.citizen with a permanent U.S. address, I pay federal, state and local taxes and have resided at my current address for the past 5 years, which I own.

I did find an interesting visa - a K-3. Here is what it says:

"

What is a K-3 Visa? A K-3 Visa is issued to a non US Citizen who is married to a US Citizen. This is technically a non-immigrant multi-entry Visa with a validity of typically two years. During the two years that the K-3 visa is valid the holder may either file for Adjustment of Status (to become a Legal Permanent Resident of the US) or await their I-130 to be approved in which case they can return to their country to be issued an Immigrant Visa (upon entering the US on the immigrant visa they will become a Legal Permanent Resident). If the K-3 Visa Holder files for Adjustment of Status they may reside in the US while their Adjustment of Status application is processed. Children under 21 of a K-3 Visa holder may also be eligible to receive a K-4 Visa allowing them to enter the United States with their non US Citizen parent and ultimately as well apply for Adjustment of Status.   Unless I don't understand what it says, my soon-to-be wife could enter the U.S. legally for two years, with instructions about extending her visa,etc. If I am correct, my only concern is how long this takes. So please jump in an correct, modify or elaborate.