[kenfeyl]

I am a U.S. citizen marrying an F1 visa holder in late June. We already booked a $4,000 honeymoon abroad for shortly after the wedding. I have since stumbled on visajourney threads suggesting that if she re-enters the U.S. on her F1 after this, then she may be denied entry because her marriage to a citizen indicates intent to immigrate. I am hoping to avoid giving up on our mostly nonrefundable honeymoon. Can anyone suggest a solution? Below are three ideas -- how viable are they?

A. Make the June wedding a ceremony only. Obtain the marriage certificate and file the AOS paperwork 90 days after re-entering so that, pursuant to the 30-60-90 rule, she would not be suspected of visa fraud at her AOS interview.
B. Get a marriage certificate ASAP and file the AOS paperwork right away. Pay extra to expedite this so we could get her advance parole application done before July. (Are there companies that can accomplish this this?)
C. While overseas, pay extra to expedite an IR1 or K3 for her return. (Are there companies that can accomplish this?)

I realize I messed up in booking $4,000 worth of travel without checking on this first. It didn't even cross my mind . Can anyone think of a possible way to thread the needle on this? Thanks!

[kzielu]

There is no paying extra to expedite in family based immigration - forget about it. Your only chance seems to be get married immediately and file for AoS - there is a chance you'll get an AP before July if you hurry up, but no guarantee. Your option A will be fraud - there is no 30/60/90 rule - entering US on an non-immigrant visa with intent to immigrate is fraud, regardless of time that passed between entry and AoS filing.
CR-1 (not IR-1) takes aproximately a year and requires interview in US embassy at country of residence.

[Little_My]

A. The 30-60-90 rule does not exist. The problem isn't that much the filing after re-entering the US with the F1 visa as it is for her to be admitted in the first place. Since you are going to marry, and plan to file for AOS and her to become a permanent resident, you have immigrant intent now. It would be visa fraud for her to re-enter with her F1 with intent to immigrate. Whether or not this would come up when she is crossing back to the US no one knows, but it is a mighty big risk to take and the consequences can be very grave and long-lasting.

B. You can't expedite the AP travel document for any other reason than an absolute emergency, such as a family member being terminally ill abroad or something similar to that. A honeymoon is not an emergency, and you cannot get an expedited AP for that. After filing for AOS, it takes about 90 days for the AP to arrive, and if she travels before that, after filing for AOS, her AOS will be considered abandoned.

C. K3 does not exist anymore. CR-1 takes 9-11 months. I am not aware of any way to expedite the CR-1. I am not sure what you mean by "a company who can expedite this", but no - a company, or a lawyer, cannot expedite the process for you.

I am not seeing a way out of this that is safe and wouldn't include you postponing the honeymoon, except for her to marry you, leave for the honeymoon, and then file for the CR-1 abroad and wait out the 9-11 month period in another country, probably her home country. Maybe someone else will see a possibility I am not considering.

[WrightFamily]

Sorry, There's not a Expedite in the world to satisfy these plans!

[grrrrreat]

I am a U.S. citizen marrying an F1 visa holder in late June. We already booked a $4,000 honeymoon abroad for shortly after the wedding. I have since stumbled on visajourney threads suggesting that if she re-enters the U.S. on her F1 after this, then she may be denied entry because her marriage to a citizen indicates intent to immigrate. I am hoping to avoid giving up on our mostly nonrefundable honeymoon. Can anyone suggest a solution? Below are three ideas -- how viable are they?

A. Make the June wedding a ceremony only. Obtain the marriage certificate and file the AOS paperwork 90 days after re-entering so that, pursuant to the 30-60-90 rule, she would not be suspected of visa fraud at her AOS interview.
B. Get a marriage certificate ASAP and file the AOS paperwork right away. Pay extra to expedite this so we could get her advance parole application done before July. (Are there companies that can accomplish this this?)
C. While overseas, pay extra to expedite an IR1 or K3 for her return. (Are there companies that can accomplish this?)

I realize I messed up in booking $4,000 worth of travel without checking on this first. It didn't even cross my mind . Can anyone think of a possible way to thread the needle on this? Thanks!

I don't think there is a strong risk that she will be denied entry on the F-1. The main way that USCIS knows someone is married to a US citizen is if there is a I-130 petition pending, and there won't be one for her. I am trying to imagine a conversation that border patrol would have with her that would reveal the marriage, and I can't really think of one. F-1s travel on vacation all the time and return, and as long everything is in order for her F-1 visa I wouldn't have a strong expectation that there will be a problem. Of course, she has to be honest if CBP asks if she is married. In addition, she definitely needs to be in-status on her F-1 when she returns. Hopefully she is still in school and can explain to the CBP that she went on vacation but is coming back to go back to school. Still, you have identified a risk, and only you can say if you're willing to accept it. As far the options you were describing go:

Option C definitely won't work. You can't expedite a CR-1 or K-3. It can take 5 months to more than a year.

Option B could work if you work quickly. You'll need to gather everything you need for an AOS application and get the marriage certificate soon, so you have time to submit the application for adjustment of status and advance parole. I am not aware of any companies that expedite advance parole, but you can ask USCIS to expedite AP if you have proof of imminent travel plans. I would imagine that most people spend several weeks to several months putting together their AOS papers, so it just depends on how quickly you can work and what you might need that will hold you up (medical examination and vaccinations come to mind, but you need a lot of other things too).

Option A could also work, but again I am not sure there is much difference between getting married before or after the honeymoon. It makes sense to avoid adjusting status soon after entry whether or not she is married when you go on your honeymoon.

[grrrrreat]

A. The 30-60-90 rule does not exist. The problem isn't that much the filing after re-entering the US with the F1 visa as it is for her to be admitted in the first place. Since you are going to marry, and plan to file for AOS and her to become a permanent resident, you have immigrant intent now. It would be visa fraud for her to re-enter with her F1 with intent to immigrate. Whether or not this would come up when she is crossing back to the US no one knows, but it is a mighty big risk to take and the consequences can be very grave and long-lasting.

B. You can't expedite the AP travel document for any other reason than an absolute emergency, such as a family member being terminally ill abroad or something similar to that. A honeymoon is not an emergency, and you cannot get an expedited AP for that. After filing for AOS, it takes about 90 days for the AP to arrive, and if she travels before that, after filing for AOS, her AOS will be considered abandoned.

C. K3 does not exist anymore. CR-1 takes 9-11 months. I am not aware of any way to expedite the CR-1. I am not sure what you mean by "a company who can expedite this", but no - a company, or a lawyer, cannot expedite the process for you.

I am not seeing a way out of this that is safe and wouldn't include you postponing the honeymoon, except for her to marry you, leave for the honeymoon, and then file for the CR-1 abroad and wait out the 9-11 month period in another country, probably her home country. Maybe someone else will see a possibility I am not considering.

A couple of small quibbles with your advice, although I don't think we disagree on the big ideas.

A. 30-60-90 rule does exist, although it's not a technical rule. It is a general guideline many attorneys use to guide clients regarding when to adjust status. It is based on a now-outdated court case. You're right that it is not legal to represent that you do not have an intent to immigrate if you actually do, and we also agree that it is hard to see how it would come up at the border in this context.

B. AP can be expedited. It doesn't have to be an absolute emergency, it can simply be urgent. I am not aware of a rule that says you can't get expedited AP for vacation or honeymoon plans, and others have been able to AP relatively quickly. Here are USCIS's guidelines regarding expedited AP, although I believe in practice they operate a little more flexibly than they specify. Perhaps you would qualify under the loss to individual part: http://www.uscis.gov...000082ca60aRCRD

C. K-3s still exist, but they are generally considered obsolete because they take the same time as the CR-1s. Consulates are still able grant K-3s, but typically a CR-1 is ready before or around the same time as the K-3 is and they will cancel the application for K-3 as soon as the CR-1 becomes available.

[WrightFamily]

I don't think there is a strong risk that she will be denied entry on the F-1. The main way that USCIS knows someone is married to a US citizen is if there is a I-130 petition pending, and there won't be one for her. I am trying to imagine a conversation that border patrol would have with her that would reveal the marriage, and I can't really think of one. F-1s travel on vacation all the time and return, and as long everything is in order for her F-1 visa I wouldn't have a strong expectation that there will be a problem.

Being Married, This would be visa fraud and a risk of being band for 10 years from the US!!

Edited by WrightFamily, 22 April 2012 - 10:21 PM.

[VanessaTony]

A couple of small quibbles with your advice, although I don't think we disagree on the big ideas.

A. 30-60-90 rule does exist, although it's not a technical rule. It is a general guideline many attorneys use to guide clients regarding when to adjust status. It is based on a now-outdated court case. You're right that it is not legal to represent that you do not have an intent to immigrate if you actually do, and we also agree that it is hard to see how it would come up at the border in this context.

B. AP can be expedited. It doesn't have to be an absolute emergency, it can simply be urgent. I am not aware of a rule that says you can't get expedited AP for vacation or honeymoon plans, and others have been able to AP relatively quickly. Here are USCIS's guidelines regarding expedited AP, although I believe in practice they operate a little more flexibly than they specify. Perhaps you would qualify under the loss to individual part: http://www.uscis.gov...000082ca60aRCRD

C. K-3s still exist, but they are generally considered obsolete because they take the same time as the CR-1s. Consulates are still able grant K-3s, but typically a CR-1 is ready before or around the same time as the K-3 is and they will cancel the application for K-3 as soon as the CR-1 becomes available.

A. What attorney's use as a guideline is completely useless here and a proven fallacy. There is NO rule, you said so yourself in fact. That's as simple as it gets. It's NOT A RULE and it's something ATTORNEY'S use to guide clients... (this is why many of us don't use Attorney's, most of them confuse things that don't need to be confused). AOS will not be any harder if she marries on the first day compared to the last day. This rule just simply doesn't exist and to say in the first sentence it does then try and clarify with useless statements about attorneys and slip in "general guideline" is very tricky of you. Again entering with intent is fraud. Advising someone that if it doesn't come up it's not fraud is also a lie.. though again you didn't say it in as many words, typical attorney trick "we also agree that it is hard to see how it would come up". Doesn't matter if it comes up or not, it's still fraud. however of course lying at the border makes it worse. Also advising someone to do it because it won't get asked or whatever (thus promoting fraud) is against the VJ TOS. I am reporting your post for this reason.

B. Yes AP CAN be expedited but it's unlikely a honeymoon will work. They can try financial reasons but people have tried with jobs overseas that they need to finish up and contracts in hand but still denied. It's best not to rely on this choice. Another example of an attorney trying to go by the "rules" when we have experience to know what USCIS does and doesn't accept... They can try for the honeymoon, I certainly would given the situation they're in, but I wouldn't hold my breath so I'm happily surprised if it works.

C. I-129F (K3) can be filed for but is typically approved at the same time as the I-130. once the I-130 is approved the K3 is administratively closed. it's pointless telling someone to apply for a K3 when we know they're 1. sub-par to the CR-1 due to cost and immediate GC with the CR-1 2. Isn't quicker than CR-1 typically 3. It will be administratively closed. Why waste money on 2 apps when the one (and better) CR-1 is the way to go.

[VanessaTony]

A. Make the June wedding a ceremony only. Obtain the marriage certificate and file the AOS paperwork 90 days after re-entering so that, pursuant to the 30-60-90 rule, she would not be suspected of visa fraud at her AOS interview.
B. Get a marriage certificate ASAP and file the AOS paperwork right away. Pay extra to expedite this so we could get her advance parole application done before July. (Are there companies that can accomplish this this?)
C. While overseas, pay extra to expedite an IR1 or K3 for her return. (Are there companies that can accomplish this?)

I realize I messed up in booking $4,000 worth of travel without checking on this first. It didn't even cross my mind . Can anyone think of a possible way to thread the needle on this? Thanks!

A. No such rule. Entering with intent is fraud. This option is out.
B. This is your best option. You MIGHT be able to get AP expedited (no cost involved in expediting and paying someone to do it won't help - will just take your money and promise you the world)... you also MIGHT get AP in time if you file ASAP. It takes about 60 days. I would look at changing your plans just in case
C. No-one to pay to expedite the process. CR-1 (not IR-1 as IR-1 is if married more than 2 years, and not K3 as it's totally not worth it) is going to take quite some time.

I suggest you get married tomorrow (or however long your waiting period is in your state). Expedite your wedding certificate, make a medical appointment and get the docs together. File by the end of the week. Hopefully you'll have the AP in time. Otherwise you need to decide whether to abandon the I-485 process to go CR-1, or delay your honeymoon plans.

[Little_My]

Agree with Vanessa&Tony. Your best bet is to marry and file ASAP and hope you'll get the AP in time. In addition, maybe look into postponing the honeymoon and get in touch with the travel agent to see if this is possible - any fee you will need to pay for moving the trip is bound to be smaller than 1) cancelling the whole trip, or 2) abandoning AOS and losing the roughly $2,000 it takes to file the papers and get the medical done.

[grrrrreat]

Being Married, This would be visa fraud and a risk of being band for 10 years from the US!!

Being married is not the same as committing visa fraud.

A. What attorney's use as a guideline is completely useless here and a proven fallacy. There is NO rule, you said so yourself in fact. That's as simple as it gets. It's NOT A RULE and it's something ATTORNEY'S use to guide clients... (this is why many of us don't use Attorney's, most of them confuse things that don't need to be confused). AOS will not be any harder if she marries on the first day compared to the last day. This rule just simply doesn't exist and to say in the first sentence it does then try and clarify with useless statements about attorneys and slip in "general guideline" is very tricky of you. Again entering with intent is fraud. Advising someone that if it doesn't come up it's not fraud is also a lie.. though again you didn't say it in as many words, typical attorney trick "we also agree that it is hard to see how it would come up". Doesn't matter if it comes up or not, it's still fraud. however of course lying at the border makes it worse. Also advising someone to do it because it won't get asked or whatever (thus promoting fraud) is against the VJ TOS. I am reporting your post for this reason.

B. Yes AP CAN be expedited but it's unlikely a honeymoon will work. They can try financial reasons but people have tried with jobs overseas that they need to finish up and contracts in hand but still denied. It's best not to rely on this choice. Another example of an attorney trying to go by the "rules" when we have experience to know what USCIS does and doesn't accept... They can try for the honeymoon, I certainly would given the situation they're in, but I wouldn't hold my breath so I'm happily surprised if it works.

C. I-129F (K3) can be filed for but is typically approved at the same time as the I-130. once the I-130 is approved the K3 is administratively closed. it's pointless telling someone to apply for a K3 when we know they're 1. sub-par to the CR-1 due to cost and immediate GC with the CR-1 2. Isn't quicker than CR-1 typically 3. It will be administratively closed. Why waste money on 2 apps when the one (and better) CR-1 is the way to go.

I can see you disagree. Not trying to trick anybody or commit TOS violations and certainly not advocating visa fraud, just giving my honest assessment of the situation.

[kenfeyl]

I don't think there is a strong risk that she will be denied entry on the F-1. The main way that USCIS knows someone is married to a US citizen is if there is a I-130 petition pending, and there won't be one for her. I am trying to imagine a conversation that border patrol would have with her that would reveal the marriage, and I can't really think of one. F-1s travel on vacation all the time and return, and as long everything is in order for her F-1 visa I wouldn't have a strong expectation that there will be a problem. Of course, she has to be honest if CBP asks if she is married. In addition, she definitely needs to be in-status on her F-1 when she returns. Hopefully she is still in school and can explain to the CBP that she went on vacation but is coming back to go back to school. Still, you have identified a risk, and only you can say if you're willing to accept it. As far the options you were describing go:

Option C definitely won't work. You can't expedite a CR-1 or K-3. It can take 5 months to more than a year.

Option B could work if you work quickly. You'll need to gather everything you need for an AOS application and get the marriage certificate soon, so you have time to submit the application for adjustment of status and advance parole. I am not aware of any companies that expedite advance parole, but you can ask USCIS to expedite AP if you have proof of imminent travel plans. I would imagine that most people spend several weeks to several months putting together their AOS papers, so it just depends on how quickly you can work and what you might need that will hold you up (medical examination and vaccinations come to mind, but you need a lot of other things too).

Option A could also work, but again I am not sure there is much difference between getting married before or after the honeymoon. It makes sense to avoid adjusting status soon after entry whether or not she is married when you go on your honeymoon.

Thanks for the speedy advice (to you and all others as well). A few extra tidbits in response to this:

1. She is in-status on her F1 for three more years.

2. If we do go with A, how much risk is there down the road at her AOS interview? If we delay the certificate until some number of days after the honeymoon, would it still be a problem that we met, got engaged and conducted a ceremony prior to her re-entry? It would be great if someone could give me a sense of how much risk we would be introducing into her life by trying A.

3. Several people asked what I was thinking about expedition. What I had in mind was something like passport expedition services -- I know there are several companies out there offering high-speed passport processing for a price. But from what everyone is saying, it sounds like there is no such option here, regardless of which immigration paperwork is necessary.

4. It is sounding like the only real option is to postpone the honeymoon and take the financial hit. Do others agree with this?

EDIT: I see that while I wrote this, several people have advised against option A. I do not mean to violate TOS by pushing on option A above, so please consider my request null and void in that case.

Edited by kenfeyl, 22 April 2012 - 10:56 PM.

[Little_My]

Option A is visa fraud. To enter the United States under a non-immigrant status, such as the F-1, with the preconceived intent to immigrate, i.e. file for AOS once in the US, is visa fraud. It is not dependent on whether or not her intent comes under questioning at border or not - it is the act itself that constitutes fraud. A lie is a lie, whether or not the person telling the lie gets caught. Not a risk worth taking, in my opinion.

Have you looked into the possibility of postponing the honeymoon? Not cancelling it, but changing the dates?

Edited by Little_My, 22 April 2012 - 10:58 PM.

[VanessaTony]

1. Good good.

2. You asked us to ignore. Ignoring but i will say even the smallest risk isn't worth it. IF you're caught it can result in so many issues that it's just not worth the lost honeymoon money to put your (then) wife at risk.

3. no such service I'm afraid or I think many of us would pay to do it!

4. No. I think you should marry legally now at a court house and file AOS now. If financially you can't afford this ($1490 for I-130 and I-485 + medical around $200+) then yes you should postpone until you can afford it. Sorry. It sucks but it's a small price to pay to be together forever

[grrrrreat]

Thanks for the speedy advice (to you and all others as well). A few extra tidbits in response to this:

1. She is in-status on her F1 for three more years.

2. If we do go with A, how much risk is there down the road at her AOS interview? If we delay the certificate until some number of days after the honeymoon, would it still be a problem that we met, got engaged and conducted a ceremony prior to her re-entry? It would be great if someone could give me a sense of how much risk we would be introducing into her life by trying A.

3. Several people asked what I was thinking about expedition. What I had in mind was something like passport expedition services -- I know there are several companies out there offering high-speed passport processing for a price. But from what everyone is saying, it sounds like there is no such option here, regardless of which immigration paperwork is necessary.

4. It is sounding like the only real option is to postpone the honeymoon and take the financial hit. Do others agree with this?

EDIT: I see that while I wrote this, several people have advised against option A. I do not mean to violate TOS by pushing on option A above, so please consider my request null and void in that case.

For 2, immigrant intent is rarely raised at AOS interviews, even for people who entered under a tourist visa or VWP. It did happen to someone on this forum awhile back who entered under VWP and adjusted status after several months, but even though the interviewer questioned intent, AOS was still granted. Presumably the adjuster was able to explain how they lacked the intent to adjust when they entered but then changed their mind.

If she's in status for 3 more years under the F-1, why not get married and honeymoon, and do not make up your mind about adjusting at this time? You can reassess later on, so you can't be accused of visa fraud by anyone on this board or USCIS.

I don't think she's likely to be denied entry just based on the marriage, and if CBP asks you about whether she's going to stay or adjust status you can say at this point she's planning to be in the US for school but she hasn't made up her mind about anything else.

Edited by grrrrreat, 22 April 2012 - 11:02 PM.