Future spouse visiting on tourist visa then puting in for CR1?

[CIBOIF2004 0]

Hello people,

I plan on marrying my fiancee who currently resides in Brazil in December 2010. After marrying, she plans to apply for a tourist visa, and visit the U.S. While in the U.S., we plan to put in for a CR1 Spouse Visa. Is this allowed? Would she be able to stay in the U.S. till we found out if the CR1 is accepted or not?

Thank you.

Edited October 28, 2010 by CIBOIF2004

[Kitten24 5]

It's not legal to go to the US on a tourist visa with the intent to stay. I know of people who have done it and succeeded though but it's a risk

[Used to be broken 143]

Hello people,

I plan on marrying my fiancee who currently resides in Brazil in December 2010. After marrying, she plans to apply for a tourist visa, and visit the U.S. While in the U.S., we plan to put in for a CR1 Spouse Visa. Is this allowed? Would she be able to stay in the U.S. till we found out if the CR1 is accepted or not?

Thank you.

Like the other poster said there is a risk and if you look around this board enough you will find people who are suffering pretty grave consequences by getting caught up in this. All it takes is on feisty border patrol agent at the POE (point of entry) to pull her over and do a secondary interview and the whole spool of yarn starts to unravel, the vacation is ruined the marriage put on hold and then you have to deal with a refused entry and a potential fraud charge.

They look for things you might not think of and that is how they trip you up.

My question would be if you two are truly in love, plan on spending a life together and want the least amount of hassle and heartache not to mention expense in your new life together, why not do it the path of least resistance? Its a few months longer in the process but much less riskier like the OP said.

If you are a bungee jumper this path might not appeal to you, but like I said look around the board here and you will quickly find the adrenaline rush is not worth the long term consequences if you have an less than positive experience at the border entry.

[Brother Hesekiel 2,235]

Hello people,

I plan on marrying my fiancee who currently resides in Brazil in December 2010. After marrying, she plans to apply for a tourist visa, and visit the U.S. While in the U.S., we plan to put in for a CR1 Spouse Visa. Is this allowed? Would she be able to stay in the U.S. till we found out if the CR1 is accepted or not?

Thank you.

Yes.

She can visit you in the US, or visit the US with you, with a B2 visa. It is questionable if she gets it, but if she does, that's fine.

While in the US, you guys can prepare and even file the CR-1 visa petition. Your wife can still stay in the US as long as her I-94 allows. Once the CR-1 is approved, she' ll have to return to Brazil for the interview though, 'cause that can't be done from within the US. When everything is said and done, she will enter the US as a lawful permanent resident.

I don't see any foul play here at all. I see only one problem: getting a B2 issued.