Actually getting married legally?

[three-leaves-over 0]

Hello, and apologies for what must be the trillionth time this will have been asked.

 

I live in Finland and am dating someone from USA, Ohio. I've visited there once and she's visited here once, and my second visit (to the US) is coming up in a couple months.

As I'm from Finland, I'm on the Visa Waiver Program. How... do you actually get married to start the CR-1 process? I keep reading all this stuff about '90 day rules' (I am visiting for three weeks),

whether it's even legal to have intent to marry prior to entry and all that. Whether you'll be suspected of misrepresented intent and all that.

 

Essentially, I'm looking for some rough guidelines as to how to go about this, and reassurances as to which methods are 'safer'. I'm new to the forum, and while I intend to read a lot of posts,

I wanted to ask this question first, for a bit of guidance.

 

Thanks for the help.

[manyfudge 291]

Intent to marry on ESTA or any tourist is fine.

 

Intent to adjust status based on ESTA/tourist visa is not fine.

[Crazy Cat 41,851]

7 minutes ago, three-leaves-over said:

Hello, and apologies for what must be the trillionth time this will have been asked.

 

I live in Finland and am dating someone from USA, Ohio. I've visited there once and she's visited here once, and my second visit (to the US) is coming up in a couple months.

As I'm from Finland, I'm on the Visa Waiver Program. How... do you actually get married to start the CR-1 process? I keep reading all this stuff about '90 day rules' (I am visiting for three weeks),

whether it's even legal to have intent to marry prior to entry and all that. Whether you'll be suspected of misrepresented intent and all that.

 

Essentially, I'm looking for some rough guidelines as to how to go about this, and reassurances as to which methods are 'safer'. I'm new to the forum, and while I intend to read a lot of posts,

I wanted to ask this question first, for a bit of guidance.

 

Thanks for the help.

It is illegal to enter the US as a visitor with the intent to stay and adjust status.  It is not illegal to enter the US with intent to marry, then leave.  Be aware that all entries are at the discretion of CBP.

Edited June 22, 2023 by Crazy Cat

[Mike E 11,739]

6 minutes ago, three-leaves-over said:

do you actually get married to start the CR-1 process?

yea

6 minutes ago, three-leaves-over said:

I keep reading all this stuff about '90 day rules' (I am visiting for three weeks),

90 day rule is fake news.

 

You can enter U.S. to get married. You can start cr-1 process as soon as married. Then leave the U.S. 

 

 

[three-leaves-over 0]

4 minutes ago, Mike E said:

You can enter U.S. to get married. You can start cr-1 process as soon as married. Then leave the U.S. 

Great to hear, must've misinterpreted the part about actually intending to *return* to your home country (which I of course will, it's a vacation trip).

 

...Just a small question- can you not leave the US first, then start the CR-1? I'd only be in the states for 

three weeks, after all.

Edited June 22, 2023 by three-leaves-over
clarification of return

[Crazy Cat 41,851]

Just now, three-leaves-over said:

Just a small question- can you not leave the US first, then start the CR-1? I'd only be in the states for 

three weeks, after all.

Yes, you can.

[Dashinka 24,496]

2 minutes ago, three-leaves-over said:

Great to hear, must've misinterpreted the part about actually intending to *return* to your home country (which I of course will, it's a vacation trip).

 

...Just a small question- can you not leave the US first, then start the CR-1? I'd only be in the states for 

three weeks, after all.

As long as you are legally married, and have been together in person after that marriage, you are free to leave anytime.  The I130 is actually your future USC spouse's responsibility.

 

Good Luck!

Edited June 22, 2023 by Dashinka

[Mike E 11,739]

3 minutes ago, three-leaves-over said:

.

 

...Just a small question- can you not leave the US first, then start the CR-1? I'd only be in the states for 

three weeks, after all.

I only give suggestions that are beneficial to the immigrant. You can delay starting the process as long as you want. And wait longer for a process that is averaging 559 days ( https://www.visajourney.com/timeline/irstats.php?history=90 ).

 

You actually want  the process to take 580 days from date of marriage. Then after visa is issued wait until the 2 year marriage anniversary to enter on the visa and avoid I-751.

[manyfudge 291]

Another alternative (if Finnish immigration is less complicated):

1) Marry here (everything will be in English so no translation for later process).

2) She moves to Finland (if that's easy).

3) Research what it takes to get your i-130 petition filed DIRECTLY with the Finnish consulate (i.e. they may require her to live

for X months in Finland).

4) She gets a job offer in the U.S. that requires her to move back.

5) You ask for DCF (direct consular filing) of i-130 by Finnish consulate.

6) This should take months, not years.

 

More complex to set up but no separation.

[three-leaves-over 0]

22 minutes ago, manyfudge said:

Another alternative (if Finnish immigration is less complicated):

1) Marry here (everything will be in English so no translation for later process).

2) She moves to Finland (if that's easy).

3) Research what it takes to get your i-130 petition filed DIRECTLY with the Finnish consulate (i.e. they may require her to live

for X months in Finland).

4) She gets a job offer in the U.S. that requires her to move back.

5) You ask for DCF (direct consular filing) of i-130 by Finnish consulate.

6) This should take months, not years.

 

More complex to set up but no separation.

Unfortunately not possible, she's unable to move to another country. Well. At least the processing times tend to be a bit lower in cases of northern and western european countries.

Well, we'll see how all that goes.