CR1/IR1 Marriage in the US

[DCM 0]

I am from the Bahamas and planning to get married to a US citizen. I checking the Immigration web site I have found many answers to questions I have, but I would like answers to these questions.

Can I come to the US on a regular tourist visa get married then return to the Bahamas to wrap things up and have the CR1/IR1 and I 130 petition filed for me. Does this make sense? Is this legal?

I would like to be able to move back and forth between the Bahamas and the US to see my wife and also wrap up my business here?

Or does it make much of a difference if we get married in my country, then apply for the K3 spousal visa? Will I be able to work right away after the visa is issued? I would hate to be idle in the US for months on end.

DCM

[N360 0]

I am from the Bahamas and planning to get married to a US citizen. I checking the Immigration web site I have found many answers to questions I have, but I would like answers to these questions.

Can I come to the US on a regular tourist visa get married then return to the Bahamas to wrap things up and have the CR1/IR1 and I 130 petition filed for me. Does this make sense? Is this legal?

I would like to be able to move back and forth between the Bahamas and the US to see my wife and also wrap up my business here?

Or does it make much of a difference if we get married in my country, then apply for the K3 spousal visa? Will I be able to work right away after the visa is issued? I would hate to be idle in the US for months on end.

DCM

Im not a lawyer or an expert on immigration matters but I really dont see why it wouldnt be legal. I mean, you're not adjusting status in the states. You're actually going back to Bahamas and file I-130 from there. I think its ok but I'll wait for someone who have gone through this or more knowledgable.

I also dont think it matters where you get married. CR1 is for immediate relative and youre an immediate relative no matter where you get married.

And lastly, you will be able to work right away with a CR1 visa but not with a K3. With K3 you will need to file for EAD (Employment Authorization Document).

[jeffmich2007 0]

I am from the Bahamas and planning to get married to a US citizen. I checking the Immigration web site I have found many answers to questions I have, but I would like answers to these questions.

Can I come to the US on a regular tourist visa get married then return to the Bahamas to wrap things up and have the CR1/IR1 and I 130 petition filed for me. Does this make sense? Is this legal?

I would like to be able to move back and forth between the Bahamas and the US to see my wife and also wrap up my business here?

Or does it make much of a difference if we get married in my country, then apply for the K3 spousal visa? Will I be able to work right away after the visa is issued? I would hate to be idle in the US for months on end.

DCM

I am UK and my husband is USC ....we got married in Florida and i returned home and now we are waiting on approval of I-130. I was over on B2 Visa visiting didnt plan on getting married till Dec 2007 we changed our minds and got married while i was there ...it was a rush but we did it so yes u can marry but must return to your own country and start the process from there

Good Luck

Michelle

[N360 0]

I am UK and my husband is USC ....we got married in Florida and i returned home and now we are waiting on approval of I-130. I was over on B2 Visa visiting didnt plan on getting married till Dec 2007 we changed our minds and got married while i was there ...it was a rush but we did it so yes u can marry but must return to your own country and start the process from there

Good Luck

Michelle

There you go DCM. Dont you just love VJ? he he

[DCM 0]

Everyone!

Thank you for your response. Michelle have you encountered any problems having done it this way? How long do you think it will take doing it this way? Can you visit your husband with out any problems during the process?

DCM

[MsZ 6]

Your biggest problem will be entering the country if you tell them you plan to get married. Some of the border officers aren't all that up on the law and others simply have their own rule that w/o a K-1, they won't allow someone to enter to get married. So, I hope you are also planning on visiting family and touring during this trip. You tell them about your plans for vacation and visiting and seeing this and that and leave out the bit about getting married. If they probe however, you'll have to tell them the truth. Usually they don't. Then you get married and return home and do the CR1. There is certainly nothing illegal about what you propose. The question always remains whether you'll get a border officer who is cool with it or one who isn't.

[DCM 0]

My plan was to do exactly what you have said. Visit on vacation get married and return home to file the paper work. I just want to make sure that I am not going anything illegal that will hurt/ hamper the process.

DCM

[DCM 0]

My plan was to do exactly what you have said. Visit on vacation get married and return home to file the paper work. I just want to make sure that I am not going anything illegal that will hurt/ hamper the process.

DCM

[GabiandVi 34]

My plan was to do exactly what you have said. Visit on vacation get married and return home to file the paper work. I just want to make sure that I am not going anything illegal that will hurt/ hamper the process.

DCM

I'm sure there is nothing illegal about it, but I'm not a lawyer. However, once the process has begun, it may be more difficult for you to travel in an out of the US. (Out - no problem, but in again and again, maybe.) I don't get it. It seems counter intuitive, but that seems to be the general feeling about this situation.

Good luck!

[Cdn_Ali 11]

Your plan sounds fine. Personally, I would not say anything about getting married when you enter the country unless specifically asked. I was in the US for a weekend visit when I married my husband and I returned to Canada to apply for CR-1 (as opposed to K3 because I want to be able to work right away after I move.)

Because I had a wedding dress with me, I couldn't have disputed I was getting married if they'd searched my luggage - but it is not illegal to get married - as long as you don't intend to stay afterwards. I brought lots of proof that I had ties to Canada (mortgage papers, utility bills, current pay stub) to show that I had a job and was returning.

Since the wedding, visits to the US have not been a problem. Just make sure you can prove you have not abandoned your home country, that you still have ties there and life is going on as usual while you follow the appropriate visa procedures. (Honestly, the border guards seems more concerned about my monthly visits to the US during our year-long engagement than after the wedding...probably because I can't stay and adjust status now.)

Good luck!

[DCM 0]

Again thank all of you for the information and help. I think I now have a well thought out plan and information to support it. If there is anyone else that would like to chime in please feel free.

DCM

[Army_Wife 2]

I went to the US to vist my then Fiance at Christmas for the holidays, we got married on the fly, so it wasn't planned .... but I didn't have any issues getting into the US. The Immigration Officers were always lovely to me when I visited

I returned to England in the New Year and my Husband then applied for my CR1 .... visiting after we're married seems to be the issue unless you're Canadian ... as they appear not to be so under suspician.

I haven't visited the US since as it all seems a bit worrying concerning your entry will only be granted by the Officer at POE that day who's either in a good mood, or isn't worried that you'll just stay. It all seems a bit wierd as we've applied for me to move legally and we're not about to jeopardise it by me over-staying, but the risk of being turned away is too high for us .... my Husband is military and we can't get caught doing anything wrong, even if it's assumed. I don't have strong enough ties in my thoughts to consider it, just in case.

The chance of getting into the US while CR1/IR1 is pending is quite high, but you'll definately need to take strong ties to your home country incase you're questioned .... please note that on the paperwork for the NVC you will be asked if you've ever been turned away at POE (DS-230 question 32 I think) .... God knows what happens if you have been, but I can certainly see a discretion like that causing a bit more of a delay.

The Immigration Lawyers and Immigration Officials all suggest you don't visit while your visa is pending, and I can only guess this is the reason, as apart from that, surely it would be no big deal ....