Tourist visa cancelled by CBP agent. Can we still get a CR1 or K1 Visa?

[yotajeeper 0]

I have a situation regarding my girlfriend's visa

Background: Last year, my girlfriend visited the US multiple times on a tourist visa, she never stayed beyond six months during any visit (5 and half months each time) . Unfortunately, upon her most recent arrival, her tourist visa was cancelled at the airport due to her frequent visits last year and suspicion of working here ( she was using her aunt's phone and on there it has aunt's work text exchange, i guess they used that against her and thinking it was my gf's) . she was denied entry and sent back same day. on her passport visa page they wrote down cancelled visa and stamped a application of withdraw, WD. immigration officer did states she was not banned and she can reapply visa after 6months. 

 

Now, I'm trying to figure out the best course of action to bring her to the US to live with me permanently. I've been doing some research and came across two options: the CR1 or K1.  Both seem to have their pros and cons, and I'm feeling a bit overwhelmed with the decision.

Given our situation, I'm not sure which visa route would be the most appropriate and beneficial for us. I would love to hear from anyone who has had experience with either visa or who has faced a similar situation. What factors should I consider when making this decision? Are there any potential complications or advantages that I should be aware of? 

 

Additionally, if anyone has gone through the CR1 or K1 visa process recently, I would appreciate any advice or tips you can provide. Is there anything specific we should prepare for, any important documentation or requirements that we might overlook?

our ultimate goal is get her here as soon as possible so we can start our life together. 
She is currently in PH. 

Thank you

[Daphne . 1,852]

Paging @Crazy Cat for his awesome overview! 
 

I would do the CR1 if I were you! 

Edited June 16, 2023 by Daphne .

[JeanneAdil 6,491]

Vote for CR1 as in the long run,  its cheaper

easier to get the SS # ,  DL,  add to health care insurance and work

(even if she doesn't want to work)

BTW if K1 and marriage in  US ,  the cost of AOS after marriage  for the green card is expected to go in 2023 from $1225 to $2820

 

and these days the K1 and CR1 are taking about the same time (18 months to 2 years)

[Boiler 45,462]

Another vote for CR1. 

 

Was she working? Why was she using her Aunts phone? Consulate may well ask about what happened 

[yotajeeper 0]

@Boiler  she have it on her as it has US number and her PH phone is sim locked. no, she never worked in US.
Thank you everyone for replying so far!

[Crazy Cat 41,823]

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

K-1        
    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 6-8 months)    
    Spouse can not work until she/he receives EAD (approx 6-8 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 K-1 might be a better choice when 18-21 year old children are immigrating also
    In some situations, marriage can affect certain Home country benefits, making a K-1 a better choice   
    A denied K-1 is sent back to USCIS to expire
    

CR-1
    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.
   

 

[Crazy Cat 41,823]

Either option is going to take 18-24 months..YMMV.  I suggest a Utah online marriage, a visit, then file papers for a CR-1 spousal visa.  Good luck.

[M+K IL 102]

2 hours ago, yotajeeper said:

Background: Last year, my girlfriend visited the US multiple times on a tourist visa, she never stayed beyond six months during any visit (5 and half months each time)

That does seem risky. I have heard advice to limit visits to a cumulative total of 4 months a year, just in case

[Rocio0010 5,579]

1 hour ago, M+K IL said:

That does seem risky. I have heard advice to limit visits to a cumulative total of 4 months a year, just in case

Not what OP is asking, but anyways. The advice is to spend double the time outside in the US than the previous visit. 

[SalishSea 17,818]

4 hours ago, yotajeeper said:

our ultimate goal is get her here as soon as possible so we can start our life together. 

It will take two years with either visa option.  US immigration is not fast, or cheap.

[top_secret 2,414]

4 hours ago, yotajeeper said:

immigration officer did states she was not banned and she can reapply visa after 6months. 

It probably won't harm her chances for a CR1 or a K1 visa, but sadly it's safe to assume her prospects of another B2 visa at anytime in the future is virtually zero even though there isn't a ban.  Reapplying in 6 months, or ever, for another B2 would likely just be a waste of $185.  Since it seems you plan to marry anyway, I would wholeheartedly agree with Crazy Cat's suggested formula of "a Utah online marriage, a visit, then file papers for a CR-1 spousal visa" as the most practical way forward.

[Verrou 1,962]

+1 for CR1. 

[Lover_Boy 12]

10 hours ago, Daphne . said:

Paging @Crazy Cat for his awesome overview! 
 

I would do the CR1 if I were you! 

CR1 is not a wise choice for the Philippines, I would 100% disagree with you

 

Either way he would have to take a trip to Philippine, and if he did traditional marriage it could be a long stay

 

Utah Marriage has many loopholes as well, like having the marriage not recognized in the Philippines, or if he wants to apply for a residence in Philippines in the future the Online marriage may not work.

 

Best to do K1 and he can just chill out at home and wait for the process to take place. 

[Lover_Boy 12]

11 hours ago, yotajeeper said:

I have a situation regarding my girlfriend's visa

Background: Last year, my girlfriend visited the US multiple times on a tourist visa, she never stayed beyond six months during any visit (5 and half months each time) . Unfortunately, upon her most recent arrival, her tourist visa was cancelled at the airport due to her frequent visits last year and suspicion of working here ( she was using her aunt's phone and on there it has aunt's work text exchange, i guess they used that against her and thinking it was my gf's) . she was denied entry and sent back same day. on her passport visa page they wrote down cancelled visa and stamped a application of withdraw, WD. immigration officer did states she was not banned and she can reapply visa after 6months. 

 

Now, I'm trying to figure out the best course of action to bring her to the US to live with me permanently. I've been doing some research and came across two options: the CR1 or K1.  Both seem to have their pros and cons, and I'm feeling a bit overwhelmed with the decision.

Given our situation, I'm not sure which visa route would be the most appropriate and beneficial for us. I would love to hear from anyone who has had experience with either visa or who has faced a similar situation. What factors should I consider when making this decision? Are there any potential complications or advantages that I should be aware of? 

 

Additionally, if anyone has gone through the CR1 or K1 visa process recently, I would appreciate any advice or tips you can provide. Is there anything specific we should prepare for, any important documentation or requirements that we might overlook?

our ultimate goal is get her here as soon as possible so we can start our life together. 
She is currently in PH. 

Thank you

Philippines has way too many 'rules' about marriage

As you will see most if not all giving opinions not nothing about them, I spent 3 years in Philippines

 

I would never do a "utah online marriage" throw that thought out the door

 

If you have time to burn then look at the CR1, if you don't want to travel to Philippines do the K1

 

They both have there advantages and disadvantages, you find the one that works best for you.

 

 

[Crazy Cat 41,823]

2 hours ago, Lover_Boy said:

CR1 is not a wise choice for the Philippines, I would 100% disagree with you

Ask @John & Rose .  I think he would disagree with you. 

Edited June 17, 2023 by Crazy Cat