Help! K-1 or CR-1 (with plans to marry on Tourist Visa)

[Just Paul 4,595]

17 hours ago, ACFP said:

That's our plan really: to get married, file for CR1 visa, and I'll return to Malaysia to wait it out.

That is what works the best in my opinion.  Plus you can still visit during the process.

[Just Paul 4,595]

1 hour ago, YueQian said:

I can see how that makes sense, but in reality people have gotten green cards that way (not all), so apparently some are considered not fraudulent by the government. I don’t know why or how

Plenty of people have had their green cards and even citizenship revoked.  Committing fraud has its consequences. 

 

Every interview/entry at a POE is recorded or documented.  And people reporting visa fraud is also now more common.

[*Snowdrop* 604]

You might want to investigate the option of a third country to get married in more quickly (one that doens't require a three week wait etc) - if that's possible to find depending on the current pandemic - then she could start the application for you sooner. 

[Crazy Cat 41,854]

21 hours ago, ACFP said:

 

 

Since you asked the question "K-1 or CR-1", here is my analysis :

 

Every couple has their own priorities, and each couple must decide which visa is better for their situation.

K-1
    Possibly Slightly faster arrival in the US
    More expensive than CR-1    
    Requires Adjustment of Status after marriage (expensive and requires a lot of paperwork)    
    Spouse can not leave the US until she/he receives approved Advance Parole (approx 5-6 months)    
    Spouse can not work until she/he receives EAD (approx 5-6 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 after Adjustment of Status is filed.
    A denied K-1 is sent back to USCIS to expire
  

CR-1
    Possibly Slightly slower arrival in the US 

    Less expensive than K-1    
    No Adjustment of Status(I-485, I-131, I-765) required.    
    Spouse can immediately travel outside the US    
    Spouse is authorized to work immediately upon arrival.    
    Spouse receives Social Security Card and Green Card within 2 or 3 weeks after entering the US    
    Opening a bank account, getting a driver's license, etc. are very easily accomplished with GC, SS card, and passport.

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

 

Edited September 26, 2020 by Lucky Cat

[RamonGomez 271]

When my wife first came to the US a long time ago, she enrolled in some community English classes. At the end of the year they had a party and I went with her. Of the 12 or so American husbands I spoke to, probably 7-8 were B2/ESTA adjustments and not one couple had any issue. At our interview my wife was asked "can you confirm on what visa you entered the US" and when my wife said "tourist visa" he said "that's right" and moved on to next question... we were in and out in <10 minutes.

[RamonGomez 271]

5 hours ago, YueQian said:

I can see how that makes sense, but in reality people have gotten green cards that way (not all), so apparently some are considered not fraudulent by the government. I don’t know why or how

Probably because they aren't mind readers. According to our attorney who has sat in on thousands of these, hardly anyone gets asked about it as it's a really tough reason to deny someone. Legitimacy of the relationship, criminal record, eligibility etc. are all far more important. She had seen, however, an uptick in F1 AOS cases being scrutinized where one person comes in on an F1, marries, then drops out after a semester and starts working making good $$$ on the EAD...

3 hours ago, Paul & Mary said:

Plenty of people have had their green cards and even citizenship revoked.  Committing fraud has its consequences. 

 

Every interview/entry at a POE is recorded or documented.  And people reporting visa fraud is also now more common.

This is pure speculation. Also, you are exaggerating.

[Crazy Cat 41,854]

13 minutes ago, RamonGomez said:

This is pure speculation. Also, you are exaggerating.

Not speculation.  Actually, there was a case here a few months ago where USCIS denied  a wife's Adjustment of Status due to misrepresentation during an interview at the POE. 

[Mariana & Steve 2]

Is so sad that some want to get marry holding tourist visa, what is considered fraud, and two years ago when I tried a tourist visa I was denied, even being a public worker (here in Brazil that's a very strong tie) for 8 years and not having any relationship with any american, intention was only Disney. That's so unfair! 

[HRQX 4,145]

49 minutes ago, Mariana & Steve said:

Is so sad that some want to get marry holding tourist visa, what is considered fraud

No, that's incorrect. Intent to marry is allowed when entering. Info from the US government: https://uk.usembassy.gov/visas/immigrant-visa-faqs/

We are traveling to the United States to marry and will return to the United Kingdom after marriage. Do I still need a fiancé(e) visa?

If you will return to your permanent residence you may apply for a tourist B-2 visa, or if eligible, travel visa free under the Visa Waiver Program.  At the time you apply for the visa and/or travel to the United States you will be required to show that you have a residence outside the United States that you do not intend to abandon. There is no set form that this evidence takes as it varies with each person’s circumstances.

[ACFP 6]

11 hours ago, juancarlos said:

Yep, that's right.

 

You can marry in a tourist visa, then return to your country and file for CR1. You cannot come in a  tourist visa with the intention to marry and stay (adjust status).

 

The only concern is that you will be asked by CBP agents when you arrive to the US, so you have to show strong ties to your country at the time of your arrival. You have to clearly demonstrate that you want to get married here and then go back, so make sure you have supportive documents to show (contract, lease, if you own properties, cars...)

Seems to me that's the general consensus from all the answers I've received thus far.

Noted with the concern. I don't any own property and I'm not on a least, but I believe I should be able to convince the CBP agents with my work, investment, moveable assets, etc.

[ACFP 6]

8 hours ago, Chancy said:

 

Perfectly legal to get married in the US while on a B2 visa, then return to your home country.  That's what I did.  And CBP knows about it.

 

That I had intent to marry during my trip is probably on record because they took me to secondary interview.  Interview took around 5 minutes.  As expected, the questions were mostly about my work back home.  I didn't get asked for any supporting documents before I was let through.  Maybe I have an honest face, lol

 

Husband and I got married 3 weeks after my arrival.  I stayed for almost 2 months, then left on the date I told CBP I would.  4 months later I returned for another visit.  I told CBP I'm visiting my husband and that he's a US citizen.  They let me through without any fuss.

 

It's always reassuring to hear from someone who had gone through it before. Though my visit will be shorter (27 days) but shouldn't be a problem as long as I convince the CBP agents that I'm returning home after my visit & marriage.

Thank you, Chancy!

[ACFP 6]

5 hours ago, Paul & Mary said:

That is what works the best in my opinion.  Plus you can still visit during the process.

Thank you for your input, Paul & Mary. That would be an icing on the cake since I could visit her during the process.

[ACFP 6]

4 hours ago, Trellick said:

You might want to investigate the option of a third country to get married in more quickly (one that doens't require a three week wait etc) - if that's possible to find depending on the current pandemic - then she could start the application for you sooner. 

We'll keep that in mind as an option. We had considered the Philippines as well but it takes even longer to get married there than in Malaysia.

[ACFP 6]

46 minutes ago, HRQX said:

No, that's incorrect. Intent to marry is allowed when entering. Info from the US government: https://uk.usembassy.gov/visas/immigrant-visa-faqs/

We are traveling to the United States to marry and will return to the United Kingdom after marriage. Do I still need a fiancé(e) visa?

If you will return to your permanent residence you may apply for a tourist B-2 visa, or if eligible, travel visa free under the Visa Waiver Program.  At the time you apply for the visa and/or travel to the United States you will be required to show that you have a residence outside the United States that you do not intend to abandon. There is no set form that this evidence takes as it varies with each person’s circumstances.

I guess this settles it.

[Just Paul 4,595]

1 hour ago, Mariana & Steve said:

two years ago when I tried a tourist visa I was denied, even being a public worker (here in Brazil that's a very strong tie) for 8 years and not having any relationship with any american,

Without getting too off topic I can tell you what I have learned about the tourist visa processes both first hand and via friends that are current state department and retired.   

Consular decisions are final. (We talking NIV here)

The rules are the same but interpretation is different.  Each consulate may focus on different things.  (this is why only certain ones process immigrant visas)

Prior refusals rates are influenced by overstays / non-returns.  Everyone who AOS from a NIV is a non-return.  Brazil's rate in 2019 was 18.5%

Most interviewees don't realize they have to overcome immigrant intent.

Most interviewees say things that don't support their Non Immigrant Intent. 

Ties are all encompassing.

Younger age and being single and being a female are negative issues.  This "risk" is based on prior experiences per nationality.  A younger female is less likely to leave the US then a 40 year old married man with children.

Prior travel and return experiences are a large factor.

Seriousness (I'm going to a conference) is more realistic than frivolity (Disney - I'm sorry, were big Disney fans in this house)

 

All that being said I know plenty of people that have gone for a second B interview and gotten a visa.

 

8 minutes ago, ACFP said:

Thank you for your input, Paul & Mary. That would be an icing on the cake since I could visit her during the process.

I know people that married a a C/D visa on a two day crew layover.   So it can be super fast.  28 days is more than fine.

 

4 hours ago, Trellick said:

You might want to investigate the option of a third country to get married in more quickly (one that doens't require a three week wait etc)

 We married in Hong Kong but mailed the packet in 3 weeks before so it can be noticed.   You only need to be in Hong  Kong for 3 days.