A question about visiting after marrying, but before filing petition for CR-1....

[TenderHearted 39]

Guys,

 

I'm hoping to marry my fiance at the end of July. We both wish to do things correctly, and we do not wish to do anything underhanded as regards immigration. So here is my question....

 

Would it be OK for my wife to return with me to the US before filing for the CR-1, as long as she goes back shortly thereafter? She knows she must still reside in Spain until the visa is approved, but that she can make limited visits.

 

I am a little worried that if she were to fly back with me right after marrying, even though she will return to Spain shortly (and of course she would have a return ticket), that this might cause problems with the CR-1 process. Has anyone been in a similar situation?

 

Thank you!

[Crazy Cat 41,851]

Visiting the US will have no effect on the CR-1 process.  However, each entry is at the discretion of CBP.

[Quarknase 1,072]

Does she have ties to Spain e.g. a job, or active college enrollment? She might have to proof her intent to return to Spain at POE - for instance a letter from her employer that she has XX days vacation and is expected to return to work on day YY (after return flight) could be helpful. Also a round trip should be booked, not one way  

[TenderHearted 39]

45 minutes ago, Quarknase said:

Does she have ties to Spain e.g. a job, or active college enrollment? She might have to proof her intent to return to Spain at POE - for instance a letter from her employer that she has XX days vacation and is expected to return to work on day YY (after return flight) could be helpful. Also a round trip should be booked, not one way  

She does have a job, and I've also told her about getting a letter from her employer that shows intent to leave by a particular date, and she would have a round trip ticket. She is also possibly going back to school, and she will get a letter from the school if so. Getting her onto the same flights as myself to fly back to the US would be tricky, but possible if I work directly with the airline.

 

My biggest concern is, I will not have the chance to file the CR-1 until I arrive in the US, and if she came back with me, would this cause problems later in the process? I told her I feel it would be best to wait until the CR-1 had been filed before she made the flight here for a quick stay, and at least that way, she has her information in the system. I'm hoping that maybe a fellow Visa Journeyer here might have had a similar experience, and can share their insight.

[pushbrk 12,883]

45 minutes ago, TenderHearted said:

She does have a job, and I've also told her about getting a letter from her employer that shows intent to leave by a particular date, and she would have a round trip ticket. She is also possibly going back to school, and she will get a letter from the school if so. Getting her onto the same flights as myself to fly back to the US would be tricky, but possible if I work directly with the airline.

 

My biggest concern is, I will not have the chance to file the CR-1 until I arrive in the US, and if she came back with me, would this cause problems later in the process? I told her I feel it would be best to wait until the CR-1 had been filed before she made the flight here for a quick stay, and at least that way, she has her information in the system. I'm hoping that maybe a fellow Visa Journeyer here might have had a similar experience, and can share their insight.

Lots of information in the pinned topic about visiting during the process.  Good idea to read it.

 

Visiting, simply is not a problem.  The only timing issue, is that sometimes if you file the I-130 (You do not file a CR1.) when the foreign spouse is in the USA, USCIS sometimes gets confused and thinks the person is adjusting status instead of seeking an immigrant visa.  They sometimes make this mistake when you do everything right.  It causes delays later.  Otherwise, it really doesn't matter if you file before or after the visit.  She will have an easier time on entry if she purchases her ticket separately from yours, so you are not technically traveling together on paper.  Same flight or not makes no real difference.

[TenderHearted 39]

13 hours ago, pushbrk said:

Lots of information in the pinned topic about visiting during the process.  Good idea to read it.

 

Visiting, simply is not a problem.  The only timing issue, is that sometimes if you file the I-130 (You do not file a CR1.) when the foreign spouse is in the USA, USCIS sometimes gets confused and thinks the person is adjusting status instead of seeking an immigrant visa.  They sometimes make this mistake when you do everything right.  It causes delays later.  Otherwise, it really doesn't matter if you file before or after the visit.  She will have an easier time on entry if she purchases her ticket separately from yours, so you are not technically traveling together on paper.  Same flight or not makes no real difference.

OK, this is good to know, and thank you for that insight. She will not be adjusting status here while visiting. I know that is immigration fraud, and we are not going to do that. We will be doing everything by the books, as we want no problems later.

 

I didn't think about the purchase of tickets, so thank you for that insight. I wouldn't have thought of that.

[pushbrk 12,883]

8 hours ago, TenderHearted said:

OK, this is good to know, and thank you for that insight. She will not be adjusting status here while visiting. I know that is immigration fraud, and we are not going to do that. We will be doing everything by the books, as we want no problems later.

 

I didn't think about the purchase of tickets, so thank you for that insight. I wouldn't have thought of that.

Your intention with regard to adjusting status is not the issue I'm talking about.  It's a USCIS mistake, I'm suggesting you avoid by filing before or after the visit.  There is a part of the form that asks if the intending immigrant is in the USA now.  Always be truthful but it's best the answer is no.  This is not about fraud.  It's about avoiding a USCIS bureaucratic mistake.