Got married to a USC under B2

[MRS06 1]

Hi everyone! Here is my case hoping to gather information in order for my husband and I to decide on which route to take.

 

So, I recently entered US under a Tourist Visa to visit my relatives and boyfriend. The next day he asked if I wanted to get a marriage license so we could tie the knot anytime. I was so surprised with his offer since he haven't proposed since we just got back together last June. (And the main purpose of me visiting here is to actually to see my relatives who's from Canada and who haven't been home since 2012.) Originally, this was a reunion and tour with my relatives and boyfriend. 

 

I was so surprised with the fact that he actually offered for us to get a marriage license since we broke up for almost a year. Being separated for almost a year and for him not to get involved with other woman made me realize how much he loves me so I agreed without hesitations. After we got our license, he talked about why he moved out of base. (He is active duty in USAF) and that is because he wants to get married right away once I come to visit him. I was in awe, I was so happy I said okay let's do it. So we tied the knot 3 days after.

 

I would love to go home on my booked return ticket which is roughly less than a month from this day.  But my husband is asking me if I might consider staying and do AOS instead. He said he might be deployed soon, that's why he doesnt consider CR-1 coz filing this will keep us apart for a year.

 

I don't have any issues on filing either AOS or CR-1. The only concern I have is which route is legal and is right. 

 

Hoping for your advice regarding my case. Thank you!

[shumway1756 304]

Entering the US on a visitors visa with the intent to marry and adjust status is illegal, however that doesn't seem to be the case here as you did not enter with that intent. You really can go either way at this point, both options are available to you as long as he is a US citizen. Just keep in mind that if you take that return trip home, AOS is no longer an option.

Edited July 11, 2018 by shumway1756

[Hello729 74]

If you are still wanting to know what is the prudent thing to do, it is to file a CR-1.

[EM_Vandaveer 2,417]

12 minutes ago, Hello729 said:

If you are still wanting to know what is the prudent thing to do, it is to file a CR-1.

Why? There was no intent prior to entering. It's fine to stay and AOS.

[Crazy Cat 42,546]

29 minutes ago, mrswood said:

He said he might be deployed soon, that's why he doesnt consider CR-1 coz filing this will keep us apart for a year.

Where will you stay after he is deployed?

[Crazy Cat 42,546]

Are you aware that once you file AOS, you can not leave the US for 3-6 months?  You can't work or get a driver's license for 3-6 months?  You won't get a Green Card for at least a year after you apply for AOS? 

[Crazy Cat 42,546]

AOS

    Requires Adjustment of Status after marriage (expensive and requires a lot of paperwork)

    Spouse can not leave the US until she receives approved Advance Parole (approx 3-6 months)

    Spouse can not work until she receives EAD (approx 3-6 months)

    some people have had problems with driver licenses, Social Security cards, leases, bank account during this period .

    Spouse will not receive Green Card for many months (a year) after Adjustment of Status is filed.

CR-1

     No AOS required.

    Spouse can immediately travel outside the US

    Spouse can start work if desired

    Spouse receives Social Security Card and Green Card withing 2 or 3 weeks after entering the US

    Spouse  has legal permanent Resident status IMMEDIATELY upon entry to US.

 

Just food for thought

Edited July 11, 2018 by missileman

[Naes 12,205]

 100% agree with @missileman

 

also so if he’s active duty and is getting deployed, with cr1 he can ask for expedite -I don’t know how it works for AOS (which may or may not be possible but it’s worth a try) 

[A&H2018 148]

You going to be married to someone on active duty, in either scenario you cando expedites and get you case moved faster.

I truly think your new husband is right, you leave now and do cr1, next thing hes deployed in 3 months time. So now you may not see each other at all for a long time, its not like you can go visit him when deployed. He may get deployed again right after your cr1 is approved and move to the usa. Then you would have to start to build out your whole life on your own.

 

If he is not deployed for the next 3 months or so and you two could spend that time together to live together and build your new life. Would say that coudld be worth it. His schedule is not in his hands so something to consider though you give up the ability to do much for the next 3-6 months as mentioned.

Edited July 11, 2018 by A&H2018

[Crazy Cat 42,546]

1 minute ago, A&H2018 said:

You going to be married to someone on active duty, in either scenario you cando expedites and get you case moved faster.

I truly think your new husband is right, you leave now and do cr1, next thing hes deployed in 3 months time. So now you may not see each other at all for a long time, its not like you can go visit him when deployed. He may get deployed again right after your cr1 is approved and move to the usa. Then you would have to start to build out your whole life on your own.

 

If he is not deployed for the next 3 months or so and you two could spend that time together to live together and build your new life. Would say that is worth it. His schedule is not in his hands and you would never get this time alone again.

and if she applies for AOS, and her husband is deployed soon after, she is stuck in the US with no legal status, no ability to work, no Green Card......for months to a year........

One thing is for sure.  Once she files for AOS, she can not leave the US for 3 to 6 months and maintain her AOS....and from what I have seen posted, the "limbo" period between filing AOS and getting a Green Card is no piece of cake.

She can return to her country, wait for the CR-1 process, and return to the US as an immediate Green Card holder....

I am not stating which route is better for this couple, however, there are a lot of factors to consider........

[Crazy Cat 42,546]

One more thing:  Many, many of us have remained apart for a year during the CR-1 process.......it can be done....

 

 

EDIT:  I was 63 when we filed for my wife's CR-1.

Edited July 11, 2018 by missileman

[A&H2018 148]

You make excellent points, that is a rather difficult and scary situation for her to consider.

[MRS06 1]

@missileman thank you for all these pointers. I will have these discussed with my husband. God bless!

[Kaylip 8]

Do CR1. I got married on a B2 as well, spontaneously. The whole process from sending in the applications to receiving green card took 5.5 months, 169 days and it wasn't easy. Not being able to work and falling out of status really depresses you. By doing CR1, you wouldn't have to wait long to get your documents to start your life. He wants you to stay but eventually he will start to feel the burden financially on having to provide for a spouse on one income. Know that if you stay you will not have a life until you get your Social Security number and driver's license. You will have to depend on him and be at home. You will start to feel it. Trust me

There's a TV show on TLC called 90 Day Fiance'. It's about people on K1 visas adapting to the states and connecting to their spouses. It has insight on the pros and cons of moving to the USA and having to wait for a life.

All the best.

[Roel 7,193]

File CR1, go back home, by the time he's back from deployment (I assume you mean about 1 year deployment) you'll be about ready to receive your visa. And it will spare you being all alone in the US. It would be selfish of him to ask you to AOS, when he's about to leave you alone for months. Might as well wait with your family.