Question about CR1 and visiting US. (split)

[LU SEE FURR 14]

So let me ask. If a person comes on tourist visa and during the stay they decide to get married.  Would the person need to leave the USA while they process the CR1 visa? Or can they stay in and live as husband and wife while the paper work is being processed?

 

 

[Unlockable 7,314]

*** Mod action: Post split from another member's thread. Please do not ask questions in other member's threads. Please start your own thread.

 

VJ Moderation.

[Crazy Cat 41,904]

1.  The new spouse cannot live in the US during the CR-1 process.  Visiting is allowed if the foreign spouse can convince CBP that he/she will leave the US at end of the of the visit.

2.  A person cannot enter the US via a non-immigrant route (tourist visa) with the intent to stay and adjust status (exception is a K-1). 

 

Where is your fiance right now?

 

 

Edited September 5, 2021 by Crazy Cat

[HRQX 4,145]

32 minutes ago, LU SEE FURR said:

comes on tourist visa

As @Crazy Cat asked above, "Where is your fiance right now?"

[Boiler 45,564]

In the Philippines.

[Crazy Cat 41,904]

4 minutes ago, Boiler said:

In the Philippines.

/end thread......😃

[JeanneAdil 6,514]

• Intent to enter and marry and stay to AOS is fraud

[LU SEE FURR 14]

5 minutes ago, JeanneAdil said:

• Intent to enter and marry and stay to AOS is fraud

Please read my question before answering

 

 

[LU SEE FURR 14]

1 hour ago, Crazy Cat said:

1.  The new spouse cannot live in the US during the CR-1 process.  Visiting is allowed if the foreign spouse can convince CBP that he/she will leave the US at end of the of the visit.

2.  A person cannot enter the US via a non-immigrant route (tourist visa) with the intent to stay and adjust status (exception is a K-1). 

 

Where is your fiance right now?

 

 

The person entering would not know if they are getting married before entering the USA.  They are coming here on tourist visa after Christmas from the Philippines.

[JeanneAdil 6,514]

9 minutes ago, LU SEE FURR said:

Please read my question before answering

 

 

I did and you answered crazy cat that person is still in Phillipines

so,  this is a planned venture and fraud  

not that the person is already here and you decide to marry and AOS

u can't plan to do this

 

the person is asked at POE "who they visit"   and many get turned back for visiting a BF or GF as officer may assume intent to AOS

and even if she doesn't know,  u do   /u can't plan to do this 

Edited September 5, 2021 by JeanneAdil

[JeanneAdil 6,514]

When applying for most non-immigrant visas, the foreign national makes a promise to the U.S. government that he/she will return to the home country after the purpose of the visa has been fulfilled. The visa is tied to a specific short-term purpose. Examples of short-term activities are tourism, business, education, and some employment. Non-immigrant intent means that the visa holder does not plan (and is not authorized) to stay permanently in the United States.

 

In fact, there is a presumption of immigrant intent in U.S. immigration law. There is a burden of proof for non-immigrant visa applicants to show they have sufficient ties to their home country that will compel them to leave the U.S. after the temporary stay. Many visitors may have had to provide evidence of ties to their home country in the visa interview.

 

Believe what immigration says in the above not me

Edited September 5, 2021 by JeanneAdil

[LU SEE FURR 14]

5 minutes ago, JeanneAdil said:

I did and you answered crazy cat that person is still in Phillipines

so,  this is a planned venture and fraud  

not that the person is already here and you decide to marry and AOS

u can't plan to do this

 

I don't think so. Because we will not make USA our permanent home, after marriage I will move back to Philippines to live there. 

 

Have no plans to stay long term in the USA, just stay here long enough to see how the Covid situations shakes out in the Philipppines, and see what happens with the Presidential Election in March 2022 and if they have uprising like they did before.

 

 

[Boiler 45,564]

It will take a couple of years, well seems you have yet to meet so maybe longer.

 

Hopefully Covid will have at least stabilized by then in which case all this become meaningless.

[LU SEE FURR 14]

3 minutes ago, Boiler said:

It will take a couple of years, well seems you have yet to meet so maybe longer.

 

Hopefully Covid will have at least stabilized by then in which case all this become meaningless.

We have been living together for the last couple years.  I had to leave due to my tourist visa expiring in the Philippines. My clothes are there, my dogs are there, my motorbikes are there and so is my tuk tuk and TV's, furniture, some of my clothes, etc. I sold or gave away most of US possesions, only thing I kept was a couple rental properties for passive income.

 

She will come here after Christmas I am thinking early February would be a good time, She has been to USA already on tourist visa before Covid started.  

 

I just wanted to know my options, as of now the best way and about only way for me to enter is the Philippines is to marry her, and enter with her.  

 

There is nothing pre conceived about marriage, it is purely based on the situation at the time.  If Philippines is in the same shape it is with Covid Issues, then it might be best for her to stay here for about a year and then we will return.  If they open up for tourism by July or August then I will just fly back to Philippines and do another extended tourist visa.

 

 

[Crazy Cat 41,904]

Just now, LU SEE FURR said:

If Philippines is in the same shape it is with Covid Issues, then it might be best for her to stay here for about a year and then we will return. 

In what status would she stay here for a year?