Marry on a Tourist Visa and then CR-1

[KWG17 0]

You are mixing up the idea of intent to get married with intent to get married and STAYING in the US to adjust status. It is really, really simple if you separate the two ideas:

The first is 100% fine--all she has to do is return before her then-current entry expires, file a CR-1 immediately, and if time and money permit, she will probably be allowed to visit during the process. She can stay the entire six months if she likes, only returning before she overstays.

The second is serious immigration fraud and you don't even want to think about it--messy, messy, messy with huge problems if you are discovered.

A K-1 is an alternative, but it is unlikely that that would be approved by September, so stick with your plan--it is good, legal, and exciting. The one risk of course is that she would be turned back in Septemeber, but the odds of that are quite small since she has the B1/B2 visa and I am assuming no overstays.

You don't need a lawyer--just follow the rules which are very explicit, and use your heads.

@caroline, we think alike! This was our preferred option but I visited a lawyer today who was very against the idea. According to him, her intent when entering the U.S. was to get married. And whether this is revealed to the officer at POE is irrelevant. He said timing can be an issue because we got married in two weeks of her entry and this would raise red flags because it happened in less than 30 days. We would have to prove to USCIS that it was spontaneous and that would be a hard to do.

Her sister is starting school in the US this fall so our original plan was for my fiance to accompany her sister to her college. I don't think the officer would then question her about getting married! So she would stay for two weeks and get married right before she left. And upon returning file the CR-1.

@caroline, We've known each other a year too. We've meet five times over the past year with each time between 5-19 days (12 days on average).

[Done--Really 331]

Your lawyer is full of it !!! Or maybe you asked the wrong question.

There is no issue whatsoever about how long she is here before you get married IF YOU FILE FOR A CR-1 VISA AND SHE RETURNS HOME WITHOUT AN OVERSTAY. If she stays here to adjust status after entering with intent to marry, you are potentialy in a heap of problems. What is it you don't understand??

Either your lawyer is confused, or you are about your intentions for her to stay or return home. Countless people on the site and 10's of thousands of couples do what you want to do--the foreign partner comes here, they get marreid, they file CR-1, and then the foreign spouse goes home before an overstay to wait it out.

We did exactly that as several folks in this thread have--there are just NO ISSUES !!

Got it ??

Hope so !!

[KWG17 0]

@magical

Thanks. I explained it to the lawyer exactly I explained it on this thread.

His rationale was three-fold.

1) He thought she might not even be allowed in at the POE bc the time between her visits would be 4 months (April-August).

2) Entering the US with intent to marry on a tourist visa is visa fraud. If we were to be honest to the

3) The marriage would be 13 days after entry and one day before leaving. He said 60 days are required to shift the burden of proof off of us.

I thought I had it before visiting this lawyer. After leaving, I was even more confused and discouraged. Thankfully I have started this thread and got some assurance from the collective wisdom of this community that our plan is doable and legal. My intention for asking all these clarifying questions is not to beat a dead horse. The repercussions for trying to game the system are irreversible. So for any perceived risk, I want to be 100% that it is calculated and can be defended if questioned.

[Done--Really 331]

Excuse me, but your lawyer is clearly incompetent on this issue.

1) There is usually no restriction based on entry dates.

2) He is so full of it, it is hard to believe. It is not visa fraud unless she STAYS here to adjust status.

3) There is no time limit.

He totally misunderstood what you were asking--all the answers have to do with intent to STAY HERE, not to get married and return home while waiting out the CR-1 process--at best he just didn't understand, but more than likely he is completely incompetent on these issues.

Just do it !! So many of us have, and there just aren't any problems. Let's use our example--my wife (then fiancé) entered the US Novemeber 16, 2010, with full intent to get married. We got married Novemeber 22--six days after her entry. She returned home a week later, and here we are, less than six weeks from our probable interview date. We have breezed thru every step of the process, and were caught off guard with how fast things are moving, and have to scramble to catch up when we get back from vacation in a few days.

Heck, we even got the consualte to allow her to get her medical done before they had offical clearance from NVC--amazing what can get done with a simple inquiry.

[Harsh_77 716]

Hello All,

I have read the dangers of entering the US on a tourist with intent to marry and then apply for an AOS. But what if she marries and leaves? Does anyone know or have any experience with this scenario?

1) entering the US on a tourist visa,

2) getting married in court

3) leaving before the tourist visa expires

4) applying for a CR-1

Is this a viable option or would my spouse's case still hold a high probability of getting rejected?

Thanks!

What you are planning to do is perfectly legal and no issues with it.

Ppl have issue or immigration has issue when ppl enter on tourist visa --> get married --> do not return to the home country and want to do AOS without returning back.

[Harsh_77 716]

Man dont fall for your lawyer - your lawyer is just baking stories. There is nothing illegal if she return back to her home country and you follow the CR1 process.

Its only illegal if you decalre at POE enter you are only visiting when your actual intent is to get married and never return back home.

Magical has explained it clearly - there is nothing wrong all got to make sure is your returns back home and does not stay or overstay her visa.

Edited May 27, 2011 by Harsh_77

[KWG17 0]

@magical

Did your fiance declare at the POE her intention was to get married? Are you worried these questions/issues might come up during your interview?

[Carol & Tim 4]

Thanks Caroline! Did you know your husband before your arrival in the US? This could be the difference. Its apparently much more easier that if you just met your to-be-husband than if you knew them before entering the US. Unfortunately I am in the second boat

I thought you were saying you havent met your fiancee in person. Well, you guys are good to go then, my petition have been approved and I will have my interview on june 29th. I have seen many cases here where people in the same boat than us have been approved too. Now its up to you! She only would be committing fraud if her intent was to stay in the USA. If she is leaving there is no problem. And I would not trust in these lawyers, if you take a read at some posts here at the visa journey you will see they are, most of the times, just a waiste of time and money! If you follow the guides here you can do it by yourself. Your case is simple. Lawyers are needed for most complex cases. But like I said it is up to you.

Wish you the best.

Edited May 27, 2011 by Caroline Canton

[Ryan H 3,791]

KWG17:

Magical is completely correct and that lawyer you have been talking to is completely wrong.

Your fiancee can enter on a tourist visa, you two can get married, she goes home before her authorized stay expires, the I-130 is then filed. All on the up and up.

[alibaba16 2]

We got married in the US on a tourist visa. Of course it was intended - we'd been living together for 3 years before that in his country and wanted to get married in the states for more of my family to be able to come to the wedding. We both left, came back here, and are now applying for a CR-1 visa, we're currently at the NVC stage. I don't see how this could be considered fraud in any way. It should be considered less fraudulent than someone who arrives, meets someone for the purpose of getting a visa, and gets married after a week.

[Mrs O. 29]

as mrs o says u have to go back...if that's correct i don't know but what's the point then? might as well do the k1. I'm not the expert on this...but as far as I know entering the US as a tourist (maybe other visa types as well?) with the INTENTION of marrying is visa fraud.

i may be wrong on the above

now i've read again and u spec asked abt entering with the INTENT. If u inted to arrive in US to get married then u need a K1 which....as we know...entitles u to enter the US to get married.

I specifically called the embassy to ask about this when I was going to get married in the US and they said I dont need any special visa if I dont intend staying there and they refered me the website. I dont know about your country but this is DIRECT QUOTE FROM THE US EMBASSY WEBSITE IN IRELAND, check it out yourself!!! :

http://dublin.usemba....html#question7

We only wish to travel to the United States to marry. We will return to Ireland after marriage. Do we still need a fiancé(e) visa?

A person traveling to the United States to marry a U.S. citizen with the intention of returning to his/her place of permanent residence abroad may apply for a visitor visa, or if eligible, travel visa free under the Visa Waiver Program. Evidence of a residence abroad to which the B-2 visa holder or visa free traveler intends returning should be carried for presentation to an immigration inspector at the port of entry.

[Done--Really 331]

She was not asked about getting married while at POE, but was famailiar with exactly what Mrs. O said above, and had a print out with her if asked. She has strong ties to Costa Rica in that she has a dental practice (almost sold at this point), had a return ticket, and a perfect record of leaving the US without a single day of overstay in the past. Her response to the question why are you here was to visit friends, and stay a couple of weeks.

[tehans 52]

That's what we did, so don't worry. And you really don't need a lawyer. Anyone with 2 brain cells can do everything themselves

[pushbrk 12,139]

now i've read again and u spec asked abt entering with the INTENT. If u inted to arrive in US to get married then u need a K1 which....as we know...entitles u to enter the US to get married.

No, K1 is the visa that allows you to enter, marry and stay. The other way around, in the UK, you need a special visa just to marry, even if you don't stay. In the US, many people come here, marry and leave. Some of them follow a spouse visa process after marriage and some just came to marry with no intention of ever immigrating. The OP's plan is perfectly legal and proper. However, it would be best to give a more generic but truthful answer when asked about the purpose of the visit, as saying, "I'm coming to get married." is likely to cause the CBP officer to suspect immigrant intent and deny entry. "Visiting family and friends" or "Going to Disney World" if true are a better choice of answer.

[katiemanny 64]

No, K1 is the visa that allows you to enter, marry and stay. The other way around, in the UK, you need a special visa just to marry, even if you don't stay. In the US, many people come here, marry and leave. Some of them follow a spouse visa process after marriage and some just came to marry with no intention of ever immigrating. The OP's plan is perfectly legal and proper. However, it would be best to give a more generic but truthful answer when asked about the purpose of the visit, as saying, "I'm coming to get married." is likely to cause the CBP officer to suspect immigrant intent and deny entry. "Visiting family and friends" or "Going to Disney World" if true are a better choice of answer.

Pushbrk, this will be lying "going to Disney World" really?, when the OP clearly intention is to come to marry and leave. I don't know why you keep suggesting people to hide the real fact and just throw a generic answer. If the OP is asked why she's visiting the US, her answer should be "to have my wedding in the US" with no intention of staying.