If I get get married in usa can we then apply for cr1 and then can I still leave the country?

[Joseph Underwood9 1]

Hiany help would be appreciated, my American partner said to me she thinks if we do the cr1 visa but get married in the States that I will not be able to leave just after? Is this true? Also would I be able to visit my partner during the cr1 visa process wuth ESTA? We are torn between the cr1 visa process and the k1. I am from the UK and we have been together almost 4 years now, we are just not sure which route to take. Many thanks

[Allaboutwaiting 2,503]

You can travel to the US, marry, go back to the UK, apply for the CR1 and keep visiting on an ESTA while the spousal visa is processing. No issue. 

 

The K1 is not convenient in your case. 

[Joseph Underwood9 1]

16 minutes ago, Allaboutwaiting said:

You can travel to the US, marry, go back to the UK, apply for the CR1 and keep visiting on an ESTA while the spousal visa is processing. No issue. 

 

The K1 is not convenient in your case. 

Hey, oh okay that is good thanks for the reply. We would have to start the CR1 process after I leave the US however? 

Edited October 13, 2021 by Joseph Underwood9

[Allaboutwaiting 2,503]

Just now, Joseph Underwood9 said:

Hey, oh okay that is good thanks for the reply. We would have to start the CR1 process after I leave the US however? 

No, you can file while in the US as soon as you get married. 

[Joseph Underwood9 1]

Just now, Allaboutwaiting said:

No, you can file while in the US as soon as you get married. 

And I won't have any problem leaving or it won't effect visa at all? I am not sure where she got that information from

[Allaboutwaiting 2,503]

1 minute ago, Joseph Underwood9 said:

And I won't have any problem leaving or it won't effect visa at all? I am not sure where she got that information from

Of course you won't have a problem leaving; you actually must leave. 

[Joseph Underwood9 1]

9 minutes ago, Allaboutwaiting said:

Of course you won't have a problem leaving; you actually must leave. 

Ah okay so we could apply and then I could still stay for the remainder of my ESTA?

[Letspaintcookies 2,310]

She's probably confusing the consular processing and the adjustment of status. For the adjustment of status one can't leave until either an advance parole or greencard is granted. It's visa fraud to travel to the US on a tourist visa with the plan to adjust status but it's totally fine to come here to get married with the intend to leave and apply for a CR-1.

[Allaboutwaiting 2,503]

20 minutes ago, Joseph Underwood9 said:

Ah okay so we could apply and then I could still stay for the remainder of my ESTA?

Exactly. And you can visit while the visa is in process. But not that often or for too long, as you'd be at risk of getting the ESTA revoked.

[Joseph Underwood9 1]

1 minute ago, Letspaintcookies said:

She's probably confusing the consular processing and the adjustment of status. For the adjustment of status one can't leave until either an advance parole or greencard is granted. It's visa fraud to travel to the US on a tourist visa with the plan to adjust status but it's totally fine to come here to get married with the intend to leave and apply for a CR-1.

Okay that is what I was thinking too, but it would be fine to go there on an esta for say 3 months get married and start up the cr1 process in the meantime? 

[Letspaintcookies 2,310]

1 minute ago, Joseph Underwood9 said:

Okay that is what I was thinking too, but it would be fine to go there on an esta for say 3 months get married and start up the cr1 process in the meantime? 

Mighty fine 😊 of course it's always up to CBP for how long they allow you in but in general it's fine.

[pushbrk 13,139]

1 hour ago, Joseph Underwood9 said:

And I won't have any problem leaving or it won't effect visa at all? I am not sure where she got that information from

Your partner is confusing two spouse immigration processes.  If you decided to stay and adjust status instead of applying for a visa, then you couldn't leave.  For the visa process, you must leave and must not overstay or otherwise abuse your ESTA privileges.  "Visas" are issued outside the USA.  You can't get a US visa...IN...the USA, as they are issued by US Consulates.  No US Consulates exist INSIDE the USA.