Timelines and Locations

[runtoofar 0]

Hello All,

First post here, but we have been reading diligently for the past few days. These questions have been asked many times, but I have a little twist on them both, so forgive me if you think this is a reposting...

Tentative Schedule

Fiance (alien) and I (citizen) arrive Sept 1 to the US

Depart US Together Nov 1

Return US Together Nov 15

Depart US Together Mar 1

Wedding in Colombia May 26

We plan to get married civil in Colombia or in the United States BEFORE the wedding ceremony, in order to speed up the process. After the civil, we would begin the process for the CR-1.

Can we get married in the US? Yes. You must prove INTENT to stay. We do not, but does the 30/60 rule apply if we get married Sept 15 (30 day) or Oct 15 (60 day) if we are leaving Nov 1? Reminder, no intent for AOS.

Depending on that answer, we would instead get married in Colombia (Nov 10). Not preferred, as the process requires more paperwork.

Can we petition the CR-1 immediately after the marriage while in the US (either after Option 1 or 2), or does my fiance have to be out of the US? Again, no INTENT to stay.

Obviously the intent is to speed up the entire process while following all the rules so there are no issues. Thoughts?

[Penguin_ie 5,986]

Yes you can get married in the USA on the day she arrives, and start the CR-1 process the same day (well, once you get the marriage cert, which can take a few days). No problem, and no 30/60 day rule applies, just make sure she leaves the country before her tourist visa time is up. She can continue to visit the USA until her CR-1 visa is granted, but should bring ties to her home country (letter from employer, enrollment in university, bills, lease in her name etc).

[runtoofar 0]

Yes you can get married in the USA on the day she arrives, and start the CR-1 process the same day (well, once you get the marriage cert, which can take a few days). No problem, and no 30/60 day rule applies, just make sure she leaves the country before her tourist visa time is up. She can continue to visit the USA until her CR-1 visa is granted, but should bring ties to her home country (letter from employer, enrollment in university, bills, lease in her name etc).

Thanks. That is exactly what we were hoping to hear. FYI for any of those with lingering questions about entering on a K-1/CR-1 in process, the Bogota Embassy says there is absolutely no issue with this so long as the applicant does not overstay the visa and returns for the interview in Colombia.

[Done--Really 331]

Hey Run--

Just to be sure you understand it really doesn't matter what the embassy thinks--all that matters is what the CBP folks think when she tries to enter the US. If she can show strong ties to her home country, the odds are very good that they let her in, but there is always the chance they deny entry, so be sure she has plenty of evidence showing strong ties,

[runtoofar 0]

Hey Run--

Just to be sure you understand it really doesn't matter what the embassy thinks--all that matters is what the CBP folks think when she tries to enter the US. If she can show strong ties to her home country, the odds are very good that they let her in, but there is always the chance they deny entry, so be sure she has plenty of evidence showing strong ties,

Thanks. Yes, this is very true and we've already started considering the "evidence" of strong ties we can provide: employment contract, return ticket, wedding church and hotel reservations. Unfortunately she does not own a car nor have a lease on an apartment, as with most Latinas who live with their parents until marriage. Fortunately we only plan on returning to the US once before the CR-1 is processed. As well, all her previous visits to the US have been short, no overstays.

[Done--Really 331]

You should have no problems at all, but there is always the oft chance that you do, so the more preparation the better. Right at the top of the list typically are return ticket and letter from employer. And many suggest bringing some USCIS documents showing where you are in the immigration process, the idea being that is you are well into it, you are likely to play by the rules until it is complete.

My wife got grilled once by a CBP agent and she asked to see a supervisor who immediately let her in, saying that the guy who was giving her trouble didn't like Mexicans, and even though she was traveling on a Costa Rican passport, she is Mexican, and the CR passport has that information on it.

I guess my message is that in the rare event there is trouble, ask to speak to the agent's supervisor.