Take the High Road--But How?

[EandH0904 1,184]

If you say her family is insistent you get married in Israel and you say you can't get married in Israel that's a relationship problem right there that has nothing to do with the visa. A B2 visa is a TOURIST visa not a visa for people who intend to get married. I think you need to figure out where you want to get married first! If it's here do k1. If it's there CR1. You don't know about the criminal stuff until you try, right? 

[DrEllaNJ 288]

She CAN come to the US, get married, and return to Israel on a tourist visa. The problem is that she may not be able to get a tourist visa since she was here for so long on one just recently. But you can try. Be aware that she'll probably face increased scrutiny and will have to prove that she has strong ties to her home country to which she will return - a pending court case may be evidence of that, I don't know, or a work contract etc. With that option, you'd be married and could start the CR1 process.

 

Have you thought about going to a third country and getting married there? It doesn't work everywhere, but for example, you could apply for a 'marriage visa' in the UK and get married there... That way you could get the CR1 started.

Edited April 20, 2017 by DrEllaNJ

[Lazor335 0]

55 minutes ago, DrEllaNJ said:

She CAN come to the US, get married, and return to Israel on a tourist visa. The problem is that she may not be able to get a tourist visa since she was here for so long on one just recently. But you can try. Be aware that she'll probably face increased scrutiny and will have to prove that she has strong ties to her home country to which she will return - a pending court case may be evidence of that, I don't know, or a work contract etc. With that option, you'd be married and could start the CR1 process.

 

Have you thought about going to a third country and getting married there? It doesn't work everywhere, but for example, you could apply for a 'marriage visa' in the UK and get married there... That way you could get the CR1 started.

I know a lot of Israelis get married in Cyprus, but I don't want to have to go there for every step of the visa process. I thought you had to do all of the interviewing etc in Israel, so wouldn't a third country complicate things?

I know part of the process of starting CR-1 is getting the marriage documents translated, so the third countries Embassy would translate it and then we would bring it to the Embassy in Israel? I have no clue.

I was worried there may be a problem with coming to the US on a visitor visa again, but if she has a job, the other home ties paperwork, a return flight why would they say no? It is a 10 year visa. 

[DrEllaNJ 288]

Just now, Lazor335 said:

I know a lot of Israelis get married in Cyprus, but I don't want to have to go there for every step of the visa process. I thought you had to do all of the interviewing etc in Israel, so wouldn't a third country complicate things?

I know part of the process of starting CR-1 is getting the marriage documents translated, so the third countries Embassy would translate it and then we would bring it to the Embassy in Israel? I have no clue.

I don't mean live in a third country, but just go there to get married since it's difficult for you to do it in Israel, and difficult for her to do it in the US. If a lot of foreigners get married in Cyprus, maybe they issue marriage certificates in English? You could ask around to see what people's experience is. The UK marriage certificate would obviously be in English.

 

All you need is a valid marriage certificate (translated in English if necessary). Plus all the other documents/evidence asked for, obviously, but that should be easier to gather.

[Lazor335 0]

2 hours ago, EandH0904 said:

If you say her family is insistent you get married in Israel and you say you can't get married in Israel that's a relationship problem right there that has nothing to do with the visa. A B2 visa is a TOURIST visa not a visa for people who intend to get married. I think you need to figure out where you want to get married first! If it's here do k1. If it's there CR1. You don't know about the criminal stuff until you try, right? 

Yeah, it's a relationship problem but it also shapes our visa choices. At this point I think it might not be best to have a wedding in Israel, and I can come to terms with that. 

 

But if her K-1 visa is denied after opting to wait for marriage in the US, what then? The perks of choosing K-1 are to expedite the process and spend more time in the US together--but if denied you get nothing. Then I will be forced to come live in Israel for who knows how long while we try our luck at CR1. 

 

Alternatively, we could come to the US on B2, get married after 90 days, she leaves the country and waits on CR1 in Israel or extends status in the US. Who cares if the tourist visa gets cancelled after that. Even today she spoke with a friend who got her green card 7 months after getting married on a B1 visa.

[DrEllaNJ 288]

1 minute ago, Lazor335 said:

Alternatively, we could come to the US on B2, get married after 90 days, she leaves the country and waits on CR1 in Israel or extends status in the US. Who cares if the tourist visa gets cancelled after that. Even today she spoke with a friend who got her green card 7 months after getting married on a B1 visa.

coming to the US on a visitor visa with the intention to stay is fraud, however. If there's an either/or option, her evidence that she'll go back to Israel might not be very strong, and makes it more likely she'll get turned away at the border.

[Lazor335 0]

2 minutes ago, DrEllaNJ said:

I don't mean live in a third country, but just go there to get married since it's difficult for you to do it in Israel, and difficult for her to do it in the US. If a lot of foreigners get married in Cyprus, maybe they issue marriage certificates in English? You could ask around to see what people's experience is. The UK marriage certificate would obviously be in English.

 

All you need is a valid marriage certificate (translated in English if necessary). Plus all the other documents/evidence asked for, obviously, but that should be easier to gather.

It's a possibility, and I will look into it. Although it is far from my favorite. The idea of a green card marriage made me balk, this option is similar.

I did have a friend who had two weddings, and when she got divorced she actually had to get divorced in both countries. 

[EandH0904 1,184]

 

4 minutes ago, Lazor335 said:

 

Alternatively, we could come to the US on B2, get married after 90 days, she leaves the country and waits on CR1 in Israel or extends status in the US. Who cares if the tourist visa gets cancelled after that. Even today she spoke with a friend who got her green card 7 months after getting married on a B1 visa.

She CAN but it's still visa fraud. Just because her friend committed visa fraud doesn't mean it's a good idea and if you want us to tell you yes it's a good idea to do something illegal, I'm not going to. 

 

If you enter on a tourist visa with intent to get married and stay, that's lying to immigration and could cause a ban. Just because others do it doesn't make it right and this fraudulent visa attempt makes it harder for all of us are doing it the right way. 

 

You may get AP because of her criminal issues, she will have to get police clearance whichever route you take. If you get a delay you just deal with it like anyone else who gets a delay. No one likes it, it's just how it is. 

[Lazor335 0]

1 minute ago, DrEllaNJ said:

coming to the US on a visitor visa with the intention to stay is fraud, however. If there's an either/or option, her evidence that she'll go back to Israel might not be very strong, and makes it more likely she'll get turned away at the border.

One of the Wikileaks memos was about how many Israeli B2 visa owners commit visa fraud by working on their B2 visas, yet they continue to get visas and extensions and allow this to happen. I even had a friend who married a guy she barely knew because he got caught and was about to get blacklisted for 10 yrs.

So I guess this example and getting married on B2 and extending would be the gray area of the B2 visa, but marrying in the US and leaving when your visa expires is ok?

[skaratso 84]

There is a difference between coming on a B2 visa, and while here, meeting someone and falling in love and getting married, then going back to your home country and filing for a CR1, or even staying in the US and adjusting status, and coming on a B2 visa with the intent to get married. One is an unforeseeable circumstance, the other is a clear intention to skirt the rules.

 

Also, as others have pointed out elsewhere on this site, the USCIS is aware of immigration forums and they do read them. A few people from there even participate in threads sometimes. More often than not, no matter how secretive you are when trying to skirt the rules, the truth comes out eventually, and then you end up in far worse circumstances than you would have been had you been totally honest up front.

 

And if you're totally honest up front about the intentions with the B2 visa, it will not be granted in the first place.

[neilsqueen 433]

Think of it this way - if a B2 visa allows you to come to the states with the intent to marry, why would they have the K1 and Cr1 visas?  The B2 visa was created for visitors not for immigrant purposes.  No one on this site will advise you to take this route.  It is immigration fraud.  We are all trying to help you avoid major problems down the road.  It may be a pain to wait and be apart for a period of time, but the benefits of being together for the long haul in a legal way will be worth any inconvenience.  Hang in there and take things step by step and it will be all over before you know it.  Trust me, everyone here wished they could breeze thru the process but it just doesn't work that way.  We all have to pay our dues so to speak.  Best wishes in your journey.

[JE57 239]

So. you say she is facing criminal charges but it seems she has not been arrested and could get a clean police record.  Perhaps there is another option you could consider.   IF you could manage to get married in Israel which seems to be a question you'd need to resolve then if you still have legal residence in Israel then you could consider Direct Consulate Filing since you are residing in Israel.   You would have to disclose the circumstances of the 'potential' criminal charges on the application and probably attach a letter signed by her that explained the circumstances and a commitment from her to deal with them as required.   You could potentially also go the DCF route with a 3rd country marriage as well or even a US marriage but seems you indicated that her family wants her to marry in Israel. 

--

I think her chances of getting allowed entry to the USA after living there for a year recently on a previously on a B2 visa are unlikely and were she to try she would probably be turned back at the POE. 

 

[Boiler 43,429]

Not sure if she can leave the country, usually someone passport would be taken for a serious criminal issue.

[Lazor335 0]

22 hours ago, skaratso said:

There is a difference between coming on a B2 visa, and while here, meeting someone and falling in love and getting married, then going back to your home country and filing for a CR1, or even staying in the US and adjusting status, and coming on a B2 visa with the intent to get married. One is an unforeseeable circumstance, the other is a clear intention to skirt the rules.

 

Also, as others have pointed out elsewhere on this site, the USCIS is aware of immigration forums and they do read them. A few people from there even participate in threads sometimes. More often than not, no matter how secretive you are when trying to skirt the rules, the truth comes out eventually, and then you end up in far worse circumstances than you would have been had you been totally honest up front.

 

And if you're totally honest up front about the intentions with the B2 visa, it will not be granted in the first place.

I thought using the B2 to host a destination wedding was allowed. I even read in the guidelines for the State Department that you are allowed to marry on a B2 visa so long as you declare it at the border with your intent to return. So if she were to return home after why would she be immigrating? And in this country people only get K visas if they can't get B visas, as it's usually easier. At first I thought adjusting status in the US wouldn't be a problem, but I guess it is. So we won't do that.

[Lazor335 0]

18 hours ago, JE57 said:

So. you say she is facing criminal charges but it seems she has not been arrested and could get a clean police record.  Perhaps there is another option you could consider.   IF you could manage to get married in Israel which seems to be a question you'd need to resolve then if you still have legal residence in Israel then you could consider Direct Consulate Filing since you are residing in Israel.   You would have to disclose the circumstances of the 'potential' criminal charges on the application and probably attach a letter signed by her that explained the circumstances and a commitment from her to deal with them as required.   You could potentially also go the DCF route with a 3rd country marriage as well or even a US marriage but seems you indicated that her family wants her to marry in Israel. 

--

I think her chances of getting allowed entry to the USA after living there for a year recently on a previously on a B2 visa are unlikely and were she to try she would probably be turned back at the POE. 

 

Yeah, no criminal charges as of now. But I'm guessing the police record will show the investigation or something like that. It might be a good idea to write an explanation letter, as once it's explained it sounds like there isn't much ground for criminal charges.

I know there are plenty of options on what to do regarding visa and marriage choices, but kind of feel like I'm burning the candle at both ends and slowly losing things that are important to me. It seems getting married in both of our countries is a problem, not to mention the visa process might just be a big waste of time with the criminal charges. Meanwhile I am getting pressured to get married and take my life off pause, and if I choose the wrong visa path or travel to any country without the proper proof of return I will be out thousands. Sigh, it's like gambling.