Risk of Marrying in US and then starting CR1?

[hpkwon 1]

Hello,

 

I apologize if this scenario has already been answered. 

 

My question/ scenario:

 

I am a US citizen, marrying a Japanese citizen. I am trying to assess the risk of marrying in the US and then having her return back to Japan and begin the CR1 process. I know I shouldn't believe everything I read online but I have read some sources that said it could lead to potential visa fraud. I wanted an opinion on the risk of her visiting during Thanksgiving this year, getting our marriage license from my state (Arizona), then her leaving back to Japan after spending some time together. 

 

Thank you for taking the time to read my post! 

 

[Lil bear 4,352]

7 minutes ago, hpkwon said:

Hello,

 

I apologize if this scenario has already been answered. 

 

My question/ scenario:

 

I am a US citizen, marrying a Japanese citizen. I am trying to assess the risk of marrying in the US and then having her return back to Japan and begin the CR1 process. I know I shouldn't believe everything I read online but I have read some sources that said it could lead to potential visa fraud. I wanted an opinion on the risk of her visiting during Thanksgiving this year, getting our marriage license from my state (Arizona), then her leaving back to Japan after spending some time together. 

 

Thank you for taking the time to read my post! 

 

No risk  She needs to demonstrate strong ties to her home country on entry as usual. Plenty of people do this. The fraud part is when people INTEND  to enter using a tourist visa in order to  marry  in the US, overstay their visa and adjust status from within the US. 

Edited February 17, 2020 by Lil bear

[hpkwon 1]

Just now, Lil bear said:

No risk  She needs to demonstrate strong ties to her home country on entry as usual. 

Thank you for such a quick response! When you say strong ties to her home country, does this mean employment? I guess I should have mentioned this, but she intends to work at least 2 more years to save up money before officially moving to the US. Which is also a strong reason we are considering the CR1 route. Please let me know your thoughts. Thank you! 

[PK_ 43]

It's not a visa fraud if she doesn't intent to overstay or knowingly enter the US with a travel visa/ESTA in order to adjust status to permanent residence from within the US. 

[hpkwon 1]

1 minute ago, PK_ said:

It's not a visa fraud if she doesn't intent to overstay or knowingly enter the US with a travel visa/ESTA in order to adjust status to permanent residence from within the US. 

Yes, the intent is for her to go back to Japan, I guess I should have mentioned this, but she intends to work at least 2 more years to save up money before officially moving to the US. Which is also a strong reason we are considering the CR1 route.

[PK_ 43]

Just now, hpkwon said:

Yes, the intent is for her to go back to Japan, I guess I should have mentioned this, but she intends to work at least 2 more years to save up money before officially moving to the US. Which is also a strong reason we are considering the CR1 route.

Yup, it's totally okay to do what you have been planning. In fact, my wife and I did the same thing. 

[Lil bear 4,352]

2 minutes ago, hpkwon said:

Thank you for such a quick response! When you say strong ties to her home country, does this mean employment? I guess I should have mentioned this, but she intends to work at least 2 more years to save up money before officially moving to the US. Which is also a strong reason we are considering the CR1 route. Please let me know your thoughts. Thank you! 

Sounds like. a good move.  Currently the Spouse visa process is taking around 12-15 months .. but you can manage the process and slow it down to match your needs when it’s at the NVC stage. after the visa is issued she has usually just under 6 months to enter the US before the visa expires. If she enters using the visa after your second wedding anniversary she will be granted non conditional LPR status which means no Removal of Conditions  after 2 years .. saves &$$ 

[hpkwon 1]

24 minutes ago, PK_ said:

Yup, it's totally okay to do what you have been planning. In fact, my wife and I did the same thing. 

Glad to hear it! A bit off topic but a question about the identification needed to marry in US. Did your wife need to bring her birth certificate in order to get married in the US or was the passport enough? Thank you! 

[Lil bear 4,352]

6 minutes ago, hpkwon said:

Glad to hear it! A bit off topic but a question about the identification needed to marry in US. Did your wife need to bring her birth certificate in order to get married in the US or was the passport enough? Thank you! 

Usually needing birth certificate and passport but it is very state / county specific . The correct information should be easy to find online at your county recorders office 

[hpkwon 1]

13 minutes ago, Lil bear said:

Usually needing birth certificate and passport but it is very state / county specific . The correct information should be easy to find online at your county recorders office 

Hi thank you Lil bear for you responses!  While I have your attention. Could you speak to another off topic question please . Looking into how to prove a bona fide marriage how is it possible to demonstrate financial commingling/cohabitation when we are both in a long distance relationship in different countries? Are documents such as photos, records of messages, travel, and etc. really enough? Thank you. 

[Lil bear 4,352]

6 minutes ago, hpkwon said:

Hi thank you Lil bear for you responses!  While I have your attention. Could you speak to another off topic question please . Looking into how to prove a bona fide marriage how is it possible to demonstrate financial commingling/cohabitation when we are both in a long distance relationship in different countries? Are documents such as photos, records of messages, travel, and etc. really enough? Thank you. 

They don’t expect you to have much documentation of financial mingling etc if you haven’t lived together in the same country. But consider how you can strengthen the relationship documentation... listing as beneficiary on wills , investments , 401 k etc  

Edited February 17, 2020 by Lil bear

[hpkwon 1]

15 hours ago, Lil bear said:

Sounds like. a good move.  Currently the Spouse visa process is taking around 12-15 months .. but you can manage the process and slow it down to match your needs when it’s at the NVC stage. after the visa is issued she has usually just under 6 months to enter the US before the visa expires. If she enters using the visa after your second wedding anniversary she will be granted non conditional LPR status which means no Removal of Conditions  after 2 years .. saves &$$ 

Is there anything we have to do in order to get the LPR status or is it as easy as you say just enter the US after we have been married two years?

[Lil bear 4,352]

3 hours ago, hpkwon said:

Is there anything we have to do in order to get the LPR status or is it as easy as you say just enter the US after we have been married two years?

When she enters the US using the spouse visa she is granted LPR status on entry. Conditional for 2 years if it’s less than 2 years married., unconditional if it’s more than 2 years married. The hard work to get LPR status is the application forms, time and money    that culminates in a successful visa interview ! 

[hpkwon 1]

2 minutes ago, Lil bear said:

When she enters the US using the spouse visa she is granted LPR status on entry. Conditional for 2 years if it’s less than 2 years married., unconditional if it’s more than 2 years married. The hard work to get LPR status is the application forms, time and money    that culminates in a successful visa interview ! 

I see, thank you so much for your answering my questions my mind is a lot more at ease! Sounds like she will qualify for unconditional as the plan is for her to work a bit longer before moving. Sounds like we should plan on timing the process to when she will be entering the US in order to capitalize on the 2 years being married. Thank you again! 

[Lil bear 4,352]

13 minutes ago, hpkwon said:

I see, thank you so much for your answering my questions my mind is a lot more at ease! Sounds like she will qualify for unconditional as the plan is for her to work a bit longer before moving. Sounds like we should plan on timing the process to when she will be entering the US in order to capitalize on the 2 years being married. Thank you again! 

You just apply for the spouse visa .. the decision on whether the issues residency is conditional or unconditional is determined at POE.. no difference in process at your end .. if your plans are working out to arrive after 2 years of marriage then it’s a benefit ... but some people dont want to delay it any longer than necessary 

Edited February 18, 2020 by Lil bear