US Citizen with Foreign Fiancé: When and How to Get Married?

[gandalf1989 5]

Hi Everyone,

 

I am sure this question has been asked many times before, but I wasn't able to find a thread for it, so I apologize in advance.

 

I'm currently living and working in the United States.

My fiancé currently lives in Japan.

We have been dating for about 6 months, and we have met in person several times, but we are not yet married.

My fiancé will be visiting me in the United States on a tourist visa some time in March or April and staying for about 3 months.

We want to apply for the CR1 Visa as soon as possible.

 

I want to know how and when we should get married so that the process goes as smoothly as possible.

 

For example, should we get married when she visits me on the tourist visa? She will be returning to her home country after about 3 months regardless.

In this case, would it be possible to begin the CR1 Visa application while she is still in the United States on a tourist visa? Or should we wait until she is back home in Japan before filing.

Alternatively, should we have a virtual marriage while she is still in Japan, so that I can apply for the CR1 Visa before she visits me on a tourist visa?

Finally, it would be possible for me to visit her in Japan to get married there before applying for the CR1, although that would be the most difficult and expensive option.

 

I appreciate any advice on the subject.

Thank you,

 

Eric

 

PS: We are open to applying for the K1 Visa as well, but I heard that they take about the same amount of time to process, so the CR1 Visa seems to be more advantageous (cheaper overall, can being working immediately, etc).

 

[Crazy Cat 42,732]

16 minutes ago, gandalf1989 said:

For example, should we get married when she visits me on the tourist visa?

Yes.  You can start the process as soon as you are married and you have a marriage certificate. ....even while she is in the US.

 

If you had an online marriage, you cannot file until you have met after the ceremony. 

[gandalf1989 5]

12 minutes ago, Crazy Cat said:

Yes.  You can start the process as soon as you are married and you have a marriage certificate. ....even while she is in the US.

 

If you had an online marriage, you cannot file until you have met after the ceremony. 

That's great news! Thank you so much!

[wildbug100420 206]

49 minutes ago, gandalf1989 said:

Hi Everyone,

 

I am sure this question has been asked many times before, but I wasn't able to find a thread for it, so I apologize in advance.

 

I'm currently living and working in the United States.

My fiancé currently lives in Japan.

We have been dating for about 6 months, and we have met in person several times, but we are not yet married.

My fiancé will be visiting me in the United States on a tourist visa some time in March or April and staying for about 3 months.

We want to apply for the CR1 Visa as soon as possible.

 

I want to know how and when we should get married so that the process goes as smoothly as possible.

 

For example, should we get married when she visits me on the tourist visa? She will be returning to her home country after about 3 months regardless.

In this case, would it be possible to begin the CR1 Visa application while she is still in the United States on a tourist visa? Or should we wait until she is back home in Japan before filing.

Alternatively, should we have a virtual marriage while she is still in Japan, so that I can apply for the CR1 Visa before she visits me on a tourist visa?

Finally, it would be possible for me to visit her in Japan to get married there before applying for the CR1, although that would be the most difficult and expensive option.

 

I appreciate any advice on the subject.

Thank you,

 

Eric

 

PS: We are open to applying for the K1 Visa as well, but I heard that they take about the same amount of time to process, so the CR1 Visa seems to be more advantageous (cheaper overall, can being working immediately, etc).

 

You can not marry in the US and adjust status. Must return for embassy processing 

[Crazy Cat 42,732]

1 minute ago, wildbug100420 said:

You can not marry in the US and adjust status. Must return for embassy processing 

The OP clearly stated that is the plan to return to home country for CR-1 process.

"She will be returning to her home country after about 3 months regardless."

Edited February 26 by Crazy Cat

[wildbug100420 206]

3 minutes ago, Crazy Cat said:

The OP clearly stated that is the plan to return to home country for CR-1 process.

"She will be returning to her home country after about 3 months regardless."

Just making sure. People's plans change 

[gandalf1989 5]

2 minutes ago, Crazy Cat said:

The OP clearly stated that is the plan to return to home country for CR-1 process.

"She will be returning to her home country after about 3 months regardless."

Yes, this is correct.

 

I will add that I want her to come visit me as much as possible on the tourist visa while the CR-1 process takes place.

I believe that as a Japanese citizen, she is allowed to visit the United States for a total of 6 months out of the year, for up to 3 months at a time.

Each time that she comes to visit me on the tourist visa, she will be truthful about the fact that she is visiting her husband in the United States.

She will also bring evidence of her ties to her home country, such as her returning plane ticket, as well as lease agreement, employment, and family ties in Japan.

 

Thank you,

 

Eric

 

[wildbug100420 206]

5 minutes ago, gandalf1989 said:

Yes, this is correct.

 

I will add that I want her to come visit me as much as possible on the tourist visa while the CR-1 process takes place.

I believe that as a Japanese citizen, she is allowed to visit the United States for a total of 6 months out of the year, for up to 3 months at a time.

Each time that she comes to visit me on the tourist visa, she will be truthful about the fact that she is visiting her husband in the United States.

She will also bring evidence of her ties to her home country, such as her returning plane ticket, as well as lease agreement, employment, and family ties in Japan.

 

Thank you,

 

Eric

 

Ok. Each entry is at the discretion of cbp 

[ShazShaz 36]

@gandalf1989 I did the same as your fiancée 3yrs ago. I came in on ESTA, got married, filed i-130 when I was still in US and went home after 85days (out of the permissible 90days). We thought a US marriage certificate would be less of a hassle with USCIS than a foreign certificate. 
 

My general advice is not to have your fiancée stay the full 3 months when she visits, she might accidentally overstay in case of any travel delays. All the best!

[JD2 105]

7 hours ago, gandalf1989 said:

I want her to come visit me as much as possible on the tourist visa while the CR-1 process takes place.

I think you pretty much got everything covered in terms of marrying in the US (highly recommend) and starting the I-130 while still here (good idea, why waste time?).  One optional tip, citizens of Japan with ESTA can apply for Global Entry.  It'll make your spouse's visits to the US far easier.  My wife had Global Entry with her B1/B2 and visiting was a breeze.

[pushbrk 13,256]

8 hours ago, wildbug100420 said:

Just making sure. People's plans change 

And the truth is that if during the visit, the plans change, then the plans change.  What is not legal is to have such an intent when entering as a tourist.  All kinds of things can happen in three months.  I'm pointing out facts of life, not making suggestions.

[SalishSea 18,274]

10 hours ago, gandalf1989 said:

Yes, this is correct.

 

I will add that I want her to come visit me as much as possible on the tourist visa while the CR-1 process takes place.

I believe that as a Japanese citizen, she is allowed to visit the United States for a total of 6 months out of the year, for up to 3 months at a time.

Each time that she comes to visit me on the tourist visa, she will be truthful about the fact that she is visiting her husband in the United States.

She will also bring evidence of her ties to her home country, such as her returning plane ticket, as well as lease agreement, employment, and family ties in Japan.

 

Thank you,

 

Eric

 

CBP will wonder how  she has so many large blocks of time off from work?   Remote work is prohibited on a tourist visa/ESTA.

[S2N 24]

10 hours ago, wildbug100420 said:

Just making sure. People's plans change 

If their plans change it’s allowed. What’s not allowed is planning to do it on entrance, though USCIS basically overlooks that type of fraud these days. ESTA->Green card and AOS after 91 days and claiming plans changed is averaging 4-6 months these days and is easily the quickest way for a loved one who resides overseas to become an LPR. Under Biden legalizing those overstays became the priority vs. processing consular applications.
 

Like @pushbrk I’m not suggesting that just pointing out the elephant in the room. I’m doing consular processing and I think it’s the right thing to do, but even under Trump USCIS has taken a very lenient approach to AOS for spousal overstays on ESTA, and is approving them at a quicker rate than counselor cases.

Edited February 27 by S2N

[gandalf1989 5]

15 hours ago, ShazShaz said:

@gandalf1989 I did the same as your fiancée 3yrs ago. I came in on ESTA, got married, filed i-130 when I was still in US and went home after 85days (out of the permissible 90days). We thought a US marriage certificate would be less of a hassle with USCIS than a foreign certificate. 
 

My general advice is not to have your fiancée stay the full 3 months when she visits, she might accidentally overstay in case of any travel delays. All the best!

Good advice, thank you! I think we will aim closer to 80 days per visit.

 

12 hours ago, JD2 said:

I think you pretty much got everything covered in terms of marrying in the US (highly recommend) and starting the I-130 while still here (good idea, why waste time?).  One optional tip, citizens of Japan with ESTA can apply for Global Entry.  It'll make your spouse's visits to the US far easier.  My wife had Global Entry with her B1/B2 and visiting was a breeze.

I've been considering that. If there's any chance that it would reduce the risk of being denied entry by CBP on an ESTA visit, then it seems to be well worth the cost.

 

9 hours ago, SalishSea said:

CBP will wonder how  she has so many large blocks of time off from work?   Remote work is prohibited on a tourist visa/ESTA.

She won't be working on ESTA. Truthfully I will be financially supporting her during this time for the most part.

 

9 hours ago, S2N said:

If their plans change it’s allowed. What’s not allowed is planning to do it on entrance, though USCIS basically overlooks that type of fraud these days. ESTA->Green card and AOS after 91 days and claiming plans changed is averaging 4-6 months these days and is easily the quickest way for a loved one who resides overseas to become an LPR. Under Biden legalizing those overstays became the priority vs. processing consular applications.
 

Like @pushbrk I’m not suggesting that just pointing out the elephant in the room. I’m doing consular processing and I think it’s the right thing to do, but even under Trump USCIS has taken a very lenient approach to AOS for spousal overstays on ESTA, and is approving them at a quicker rate than counselor cases.

Thank you for the information. At this time, it is absolutely our intention to have my fiancé visit on ESTA and then return to her home country within 3 months.

 

Thanks for all the informative replies,

 

Eric

[S2N 24]

9 hours ago, gandalf1989 said:

Thank you for the information. At this time, it is absolutely our intention to have my fiancé visit on ESTA and then return to her home country within 3 months.

 

Thanks for all the informative replies,

 

Eric

That’s what we did as well; in addition to being the right thing to do, it makes future business with the government easier if you have to worry about getting a security clearance in the future or providing/working on government contracts, plus whatever potential future issues could arise when trying to naturalize if a future administration decides to issue guidance on standards of review of people who AOS’d on an overstay.
 

My initial response was mainly to let you know that there’s not much to worry about. You’re intending to follow the law. Currently USCIS and CBP aren’t even prioritizing enforcing the law for blatantly fraudulent spousal overstay AOS cases. If you’re intending to follow the law and you have a decent way to show that’s the intent, there’s a very low chance of there being issues at the airport or when filing a petition.