Ok to marry during a visit to USA, return to home country, then file for K3 / CR-1?

[FeiGuai86 1]

My fiancee (Chinese) and I (American) have been in a long distance relationship since 2018. Since the COVID lockdowns finally ended, we have been back and forth to visit each other 4 times and want to secure a visa so we can be together in the states. Unfortunately, she is a member of the CCP for work reasons, so I had retained a lawyer to help with the fiancee visa process and issues around her party affiliation. However, information here and elsewhere made us reconsider whether the K1 route was best for us, since we might rather wait longer earning our separate incomes and with our own freedom of movement than have her be stuck in limbo before her status is adjusted / advance parole granted. 

 

We are currently leaning towards getting married and filing for a K3 / CR1 visa, but the lawyer's advice has been less than clear. For one thing, he has repeatedly stressed the idea of her coming on her tourist visa, staying for at least 60 days, then for us to marry and adjust status after that point. This doesn't seem appealing both because it seems to entail at least a certain degree of fraud at the point of entry, and would also exacerbate her being in limbo / vulnerable as the status was being resolved. She also has a cat that she dearly loves, so abandoning him for months to maintain the pretense of arriving on a tourist visit is not appealing. The lawyer doubled down on this advice recently after the Munoz supreme court case, I'm guessing for the sake of having the application be processed domestically rather than by a consulate, but he didn't clarify further. He also said some things that seemed off about K1 visas de facto allowing people to work on arrival, since it is understood they are stuck in administrative limbo... Developing some trust issues with this lawyer..

 

My fiancee has some time to come visit this October, during which we are considering a marriage in California where I live, after which she would return to China and we would file an application. I wanted to ask

 

1. Are there any potential issues with getting married in the USA while she is visiting on a tourist visa? Is there a reason it might be potentially more advisable to get married in China?
    
2. Are we likely to have any issues with her visiting on her tourist visa later on once we have filed for a spousal visa? 

 

Since I haven't gotten clear advice on these ideas from the lawyer, I wanted to ask for advice here. Thanks so much for your help!

[SalishSea 17,365]

25 minutes ago, FeiGuai86 said:

My fiancee (Chinese) and I (American) have been in a long distance relationship since 2018. Since the COVID lockdowns finally ended, we have been back and forth to visit each other 4 times and want to secure a visa so we can be together in the states. Unfortunately, she is a member of the CCP for work reasons, so I had retained a lawyer to help with the fiancee visa process and issues around her party affiliation. However, information here and elsewhere made us reconsider whether the K1 route was best for us, since we might rather wait longer earning our separate incomes and with our own freedom of movement than have her be stuck in limbo before her status is adjusted / advance parole granted. 

 

We are currently leaning towards getting married and filing for a K3 / CR1 visa, but the lawyer's advice has been less than clear. For one thing, he has repeatedly stressed the idea of her coming on her tourist visa, staying for at least 60 days, then for us to marry and adjust status after that point. This doesn't seem appealing both because it seems to entail at least a certain degree of fraud at the point of entry, and would also exacerbate her being in limbo / vulnerable as the status was being resolved. She also has a cat that she dearly loves, so abandoning him for months to maintain the pretense of arriving on a tourist visit is not appealing. The lawyer doubled down on this advice recently after the Munoz supreme court case, I'm guessing for the sake of having the application be processed domestically rather than by a consulate, but he didn't clarify further. He also said some things that seemed off about K1 visas de facto allowing people to work on arrival, since it is understood they are stuck in administrative limbo... Developing some trust issues with this lawyer..

 

My fiancee has some time to come visit this October, during which we are considering a marriage in California where I live, after which she would return to China and we would file an application. I wanted to ask

 

1. Are there any potential issues with getting married in the USA while she is visiting on a tourist visa? Is there a reason it might be potentially more advisable to get married in China?
    
2. Are we likely to have any issues with her visiting on her tourist visa later on once we have filed for a spousal visa? 

 

Since I haven't gotten clear advice on these ideas from the lawyer, I wanted to ask for advice here. Thanks so much for your help!

Has the lawyer explicitly stated that there will be no problem with her CCP affiliation?  Because that is kind of a big deal to the department of state.

 

The CR-1 is a much better visa, primarily for the reason you describe - the ability to work and travel immediately vs waiting up to one year.  Either option will not be quick, and will require AP due to the CCP membership.  Good luck.

 

[SalishSea 17,365]

28 minutes ago, FeiGuai86 said:

For one thing, he has repeatedly stressed the idea of her coming on her tourist visa, staying for at least 60 days, then for us to marry and adjust status after that point.

This is 100% FRAUD.  Don't do it, especially since she is on shaky ground geopolitically.  Fire that lawyer, he's a moron.

[FeiGuai86 1]

1 hour ago, SalishSea said:

Has the lawyer explicitly stated that there will be no problem with her CCP affiliation?  Because that is kind of a big deal to the department of state.

 

The CR-1 is a much better visa, primarily for the reason you describe - the ability to work and travel immediately vs waiting up to one year.  Either option will not be quick, and will require AP due to the CCP membership.  Good luck.

 

He is forthright about the need to get either an exemption from the inadmissibility or a waiver and was suggesting we prepare to turn over personal communications to support those steps. But yea, not getting good feelings about other pieces of advice so maybe I'd better find someone else...

 

Thanks for weighing in!

Edited July 22 by FeiGuai86

[Dashinka 24,010]

As to the lawyer's advice, I agree with @SalishSea, I would be leaving this person as soon as possible.  I would recommend the CR1 over the K1 as it is a far superior visa, and less costly.  K1 may or may not (YMMV) be faster, and I am not sure how the CCP membership would impact the K1, but I believe it can be overcome with a spousal visa application especially if it can be showed to be work related only.  You may want to ask the CCP question specifically in the China regional forum from members that may be more familiar.

 

As to coming her as a visitor, getting married on the visit, and leaving for a subsequent spousal visa application, that is perfectly legal.  

 

Good Luck!

 

P.S.  Tagging @pushbrk as he may have more information.

[thonati 29]

My guess is the State Department will refuse AOS.  This is not their first rodeo.  Can you imagine how many female spies have tried this tactic?  My guess is thousands, especially during the Cold War.  The marriage will still be legal but she will not be allowed to live here.  You both could move to China or perhaps Canada but the recent US Supreme Court ruling states that marriage by itself is not a guarantee for any non-citizen to live in the US.

 

Fire the idiot Lawyer and find a good one.   My guess is no lawyer will be able to help you in this situation but one never knows for sure.

[Elllena 96]

My husband and I got married in the US while i was on a J1 visa with no issues. I returned back to my home country once my J1 visa run out and filed both a CR-1 and a K3 from my home country. The process went very smoothly for us. 
 

[pushbrk 12,536]

3 minutes ago, thonati said:

My guess is the State Department will refuse AOS.  This is not their first rodeo.  Can you imagine how many female spies have tried this tactic?  My guess is thousands, especially during the Cold War.  The marriage will still be legal but she will not be allowed to live here.  You both could move to China or perhaps Canada but the recent US Supreme Court ruling states that marriage by itself is not a guarantee for any non-citizen to live in the US.

 

Fire the idiot Lawyer and find a good one.   My guess is no lawyer will be able to help you in this situation but one never knows for sure.

The State Department is not involved in adjusting status cases.  That's all USCIS.

 

Based on Visa Journey terms of service, my only advice is that you hired an attorney for a reason.  

[thonati 29]

2 hours ago, pushbrk said:

The State Department is not involved in adjusting status cases.  That's all USCIS.

 

Fair point.  However, as I have said another thread, inter-government agencies share data in real time.  No way she gets approved.  Just my opinion. 

[FeiGuai86 1]

Thanks all for chiming in. @thonati, of course I hope you are wrong but I get where you are coming from. 

 

To share another mind-boggling statement from the lawyer that I just found in my email 

 

Q: I do not think we are comfortable considering this route, but I would also be interested to know why you suggested that we try to marry on a tourist visa after 60 days and have her stay here in light of the Munoz decision. In your opinion, what are the new risks that this decision introduces to the process and why would overstaying a tourist visa help to mitigate them?

A: There would be no overstay on the tourist visa since it would presumably be still current when the I-130/485 are filed; with these the advanced parole I-131 would be included whoch would allow her to return to the  US rather than the B-2 visa (again) which USICE would reject following marriage.

 

🤨

[pushbrk 12,536]

32 minutes ago, FeiGuai86 said:

Thanks all for chiming in. @thonati, of course I hope you are wrong but I get where you are coming from. 

 

To share another mind-boggling statement from the lawyer that I just found in my email 

 

Q: I do not think we are comfortable considering this route, but I would also be interested to know why you suggested that we try to marry on a tourist visa after 60 days and have her stay here in light of the Munoz decision. In your opinion, what are the new risks that this decision introduces to the process and why would overstaying a tourist visa help to mitigate them?

A: There would be no overstay on the tourist visa since it would presumably be still current when the I-130/485 are filed; with these the advanced parole I-131 would be included whoch would allow her to return to the  US rather than the B-2 visa (again) which USICE would reject following marriage.

 

🤨

If the attorney actually wrote "whoch" and "USICE" instead of "which" and "USCIS" then I withdraw my recommendation to listen to them.  If those are your errors, carry on.

[FeiGuai86 1]

5 minutes ago, pushbrk said:

If the attorney actually wrote "whoch" and "USICE" instead of "which" and "USCIS" then I withdraw my recommendation to listen to them.  If those are your errors, carry on.

He typed from his phone, but yes those are his errors.

[pushbrk 12,536]

1 hour ago, FeiGuai86 said:

He typed from his phone, but yes those are his errors.

Probably no big deal then.

[pushbrk 12,536]

I just want to add that the idea of your wife's continued employment in China as a CCP member, is not going to work.  In order to get a spouse visa, she'll need to resign from the party anyway.  If that means losing her job too, then it comes with the territory.  This is an issue to look into carefully as part of your research.  It's not something I'm up to date on.  Maybe you can get answers in the China regional forum.

 

I'm suspecting (not recommending) the attorney is thinking her leaving her job and the party, and seeking to adjust status through USCIS from within the USA, instead of a visa through Guangzhou Consulate, will solve this problem.  Again, suspecting, not agreeing or recommending.

 

Edited July 23 by pushbrk

[FeiGuai86 1]

Thank you for this insight pushbrk