CR-1 Questions: UK/German Citizen Coming to US

[GoingTheDistance2 7]

I'm a US citizen looking to marry my girlfriend who is a dual British/German citizen. We are planning to go through the CR-1 route so that we can live together in the US.

 

We met and started dating while she was in the US on a temporary work training program on a J-1 Visa.  She's back now living in London (fortunately we're able to see each other about once a month). 

 

Our current plan is to get engaged as early as this summer, and shortly thereafter get legally married in either the US, Germany, or the UK to start the process. We expect the CR-1 process will ~12 months to complete before she can move to the US. Once she's here and able to stay, we'd likely have a more traditional wedding ceremony.

 

A few questions:

• Our understanding is that if we went the K-1 visa route, she would not be able to work in the US or travel outside the US for 3-8 months after arriving in the US, and have therefore ruled out this option.  Is that correct?
• She is also currently looking at jobs in the US, both internal transfers at her current company and at other companies.  These all come with the possibility of her moving here on an H1B, L1, or EB2A. We understand you can't apply for a new visa within 90 days of receiving one.  Beyond that, are there any challenges in applying for a CR-1 if you've already applied for or received one of these employment visas?

• We understand there is scrutiny around making sure couples are actually married when applying for a CR-1.  We've dated for 18 months, traveled extensively together, and visited each others' families, so we're confident we have sufficient documentation.  That said, we would like to keep our legal marriage fairly low-key (e.g., only invite/tell immediate family, otherwise tell friends we're "engaged") and have a more traditional wedding ceremony once we can live together.  Will this create any problems?
• We understand that while she can technically continue to visit the US while the CR-1 application is being processed, there will be increased scrutiny to ensure she’ll return to the UK.  She has a full-time job in the UK with an international company and rents an apartment with friends.  We’re assuming the combination of full-time employment and outstanding lease demonstrates sufficient ties to the UK to enable visits to the US - is this correct?

 

Thank you for your help!

[LilyJ 1,258]

1) Yes, that's correct. She would not be able to work (even remotely/on the computer) in the US or travel outside the US until receiving EAD and AP. The timeline for that is more like 5-7 months. Unless she can bear to not travel outside the US nor work for many months, K1 probably is not the best option for you

2) If she receives a dual-intent non-immigrant employment visa such as an L1, you don't need to even worry about a CR1. You could just apply for adjustment of status so that she receives a green card after you are married once she enters the US on her employment visa

3) No, it won't create any problems, especially coming from UK/Germany which is very low fraud. As long as you have a lot of evidence of time spent together in person (which is seems you do) you should be good to go

4) No one can tell you for sure whether it will be sufficient enough, as it's always up to the individual CBP officer whether or not they feel it's sufficient and whether or not she is let into the US. Bringing proof of her employment in the UK as well as other proof of ties to the UK certainly will help (as well as, I assume, an extensive record of visiting and leaving the US on time) but keep in mind they aren't obligated to look at anything she brings. But as long as she is not abusing her VWP privileges (visiting too often, not staying outside of the US for longer than she is in the US, anything else that may lead an officer to believe that she is "living" in the US on the VWP) and is always open and honest about her reason for visiting and how long it will be etc, it shouldn't be an issue.

Edited February 23, 2020 by LilyJ

[Crazy Cat 42,621]

18 minutes ago, GoingTheDistance2 said:

I'm a US citizen looking to marry my girlfriend who is a dual British/German citizen. We are planning to go through the CR-1 route so that we can live together in the US.

 

We met and started dating while she was in the US on a temporary work training program on a J-1 Visa.  She's back now living in London (fortunately we're able to see each other about once a month). 

 

Our current plan is to get engaged as early as this summer, and shortly thereafter get legally married in either the US, Germany, or the UK to start the process. We expect the CR-1 process will ~12 months to complete before she can move to the US. Once she's here and able to stay, we'd likely have a more traditional wedding ceremony.

 

A few questions:

• Our understanding is that if we went the K-1 visa route, she would not be able to work in the US or travel outside the US for 3-8 months after arriving in the US, and have therefore ruled out this option.  Is that correct? Basically correct.  4-6 is probably close.
• She is also currently looking at jobs in the US, both internal transfers at her current company and at other companies.  These all come with the possibility of her moving here on an H1B, L1, or EB2A. We understand you can't apply for a new visa within 90 days of receiving one.  Beyond that, are there any challenges in applying for a CR-1 if you've already applied for or received one of these employment visas?

• We understand there is scrutiny around making sure couples are actually married when applying for a CR-1.  We've dated for 18 months, traveled extensively together, and visited each others' families, so we're confident we have sufficient documentation.  That said, we would like to keep our legal marriage fairly low-key (e.g., only invite/tell immediate family, otherwise tell friends we're "engaged") and have a more traditional wedding ceremony once we can live together.  Will this create any problems? No
• We understand that while she can technically continue to visit the US while the CR-1 application is being processed, there will be increased scrutiny to ensure she’ll return to the UK.  She has a full-time job in the UK with an international company and rents an apartment with friends.  We’re assuming the combination of full-time employment and outstanding lease demonstrates sufficient ties to the UK to enable visits to the US - is this correct?  Every visit will be subject to discretion of CBP.  Many people from UK visit the US during the CR-1 process....

 

Thank you for your help!

 

[Boiler 46,316]

The main thing is that the wedding is legal.

 

As long as she does not abuse her VWP privileges, with a full time job that is unlikely.

 

L1 is probably the most appropriate for the options you have mentioned, CR1 may be more certain.

Edited February 23, 2020 by Boiler

[JFH 12,191]

Same situation as us (I’m a dual British / German citizen). Not unique and not complicated at all.
 

Why on earth would you not tell your friends you are married? Why the need to lie to them? I probably wouldn’t be your friend much longer if you thought I wasn’t worthy of the truth. Is it so that you can have a big celebration later and receive gifts from them and you are worried you won’t get the gifts if you have a small wedding and don’t invite them? 

[wbeem 568]

You're smart to consider the CR1.  We went through the K1 process and within a couple of months of filing, we wished we had done the CR1 instead.  As time has gone by and with each extra USCIS dance, delays expense and waiting, all doubt is removed. There are very few circumstances where I would recommend a K1 over a spouse visa.  

On a practical side, it sounds like you and your fiance are pretty active in your daily lifestyle and I presume she is working.  What is little mentioned under the heading as such but often comes up is just how hard it is for someone who is used to being independent, working driving and getting around on their own to suddenly be sitting at home with very little independence for 6-8 months. In a new country/neighborhood, at that.  

Whatever you decide, very best wishes to you and your significant other

[Mr&Mrs Marshie 6]

Hey there,

 

Similar situation! I’m Belgian, living and working in London. We did the civil wedding ceremony at city hall last year and didn’t tell many people. Only 2 close friends and family. Reason being we don’t want to talk about it much until the visa stuff is all done. You never know what might happen and what might hinder the process. 

 

Plus it gives me more time to plan a nice wedding!:)

I literally travel from LND to NYC every month on Esta. Immigration officers always asked me how long is the stay and for what reason I just say the duration 1 week etc and visiting my husband. I have never encountered any issues before landing in NY, LA and SF. 
 

I’m waiting for interview date in London now. Just wish everything speeds up a bit. This corona virus is worrying me Incase we have a travel ban or something. 
 

Goodluck on starting your journey!