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lucybelle

Already has tourist visa

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Hi guys! My boyfriend (Costa Rican) already has a tourist visa to the USA. Would it be possible for us to "move" to the USA and during his legal 6 month stay, get married and then apply for CR-1? Would he have to leave the USA again? What would happen if his tourist visa runs out before we get the CR-1?

We'd like to move to the States by the end of 2013 or beginning of 2014, but we don't know if we'd be ready to get married by the beginning of 2013 (which we would have to in order to get the CR-1 in time). I suppose we could apply for the fiance visa, but there's a few reasons why CR-1 would fit better (we'd like to travel around a few months before "settling down", etc)

Thanks! :thumbs:


N-400 May 2017 Google Doc

Full timeline- 

 

Filed from abroad- Costa Rica

NOA1- NOA2: 316 days

Jan 12, 2013: Married!!
Mar 19, 2013: NOA1

Jan 28, 2014: I-130 approved

NVC- Green Card in Hand: 189 days

Feb 3, 2014: TSC sends case to NVC
April 14: Real checklist for AOS (saying tax number was incorrect when it wasn't)
April 30: Another AOS checklist, for proof of employment (which was already sent)
May 1: Checklist for IV- certified marriage certificate (even though I sent a certified one originally)
July 1: INTERVIEW!!! - APPROVED!
July 16: POE through Miami
July 22: SSN card in the mail
August 30, 2014: Green card arrives in the mail!!!
 
ROC: 366 days
April 27, 2016: Sent 300 page ROC packet to VSC via overnight mail
May 16: Check shown as charged online, received NOA 1 dated April 29
June 20, 2016- Biometrics
April 28, 2017: Approval
May 4, 2017: Approval letter arrived
May 15, 2017: GC arrives in mail
 
N-400: 190 days
May 8: Sent packet to Dallas Lockbox
May 12: NOA 1, Credit card charged
June 7: Biometrics
June 16: "In line"
Oct 2: Interview letter arrives (online status still says ''in line'')
Oct 31: Interview- Approved!
Nov 13: Oath ceremony!  Applied for passport & registered to vote on site.
Nov 22: Passport arrives (paid for expedited service and overnight delivery)
 
Journey complete! A total of 1701 days or 4 years, 7 months and 26 days.

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Filed: K-1 Visa Country: Wales
Timeline

Visit Visa's are for visiting.

Immigrant Visa's are for immigrating.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Filed: Lift. Cond. (apr) Country: China
Timeline

Hi guys! My boyfriend (Costa Rican) already has a tourist visa to the USA. Would it be possible for us to "move" to the USA

No


Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

 

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Filed: K-1 Visa Country: Philippines
Timeline

While it is possible, the scenario you illustrate is illegal. You can't come on a tourist visa with intent to marry and adjust status. If there is any whiff of that (like possibly posting that intent on a board somewhere) and you get asked, prepare to run into major problems. It has happened that people came to the US on tourist visas, married, and adjusted status. It's the intent that is the biggest problem, and the intent you have is to commit fraud.

Go the legal channels, it is the safest and least expensive if you were to get caught. The legal route can be a tough wait with time apart, but having it done legally offers a lot more certainty that you can be together without raising the government's ire.

Best of luck.

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Filed: Citizen (apr) Country: Sweden
Timeline

While it is possible, the scenario you illustrate is illegal. You can't come on a tourist visa with intent to marry and adjust status. If there is any whiff of that (like possibly posting that intent on a board somewhere) and you get asked, prepare to run into major problems. It has happened that people came to the US on tourist visas, married, and adjusted status. It's the intent that is the biggest problem, and the intent you have is to commit fraud.

Go the legal channels, it is the safest and least expensive if you were to get caught. The legal route can be a tough wait with time apart, but having it done legally offers a lot more certainty that you can be together without raising the government's ire.

Best of luck.

Can they just get married in Costa Rica and start the CR-1 process from there, then move to the USA when they are ready?


vsi7c4s9mj0l.png

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Filed: Citizen (apr) Country: Ireland
Timeline

Can they just get married in Costa Rica and start the CR-1 process from there, then move to the USA when they are ready?

Yes, that is a possibility. The first part of the original plan is also possible- they can visit the US and get married while there, but he would need to leave when his tourist visa stay is up- usually 6 months- and then do the medical and interview back in his home country.


Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

mod penguin.jpg

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Thanks everyone! Didn't realize it was illegal :blush: , as I've seen posts on here like "s/he overstayed her visa and now we have to get married!" But I suppose those are different.

We're living together in Costa Rica right now so my original plan was to come to the states for a week or so, get married, come back and do the whole process. My boyfriend brought up the tourist visa part, and I thought I'd ask. I was trying to explain how it works and he keeps going "why do I need a spouse visa? I already have a tourist visa!" Not the same thing sweetheart... :wacko:

One last question- would it be harder for us to get married in Costa Rica? Would there be more steps? (things that come to mind are translating the document, having it authenticated by a ton of people, and getting it validated by my home state in the USA)

Thanks so much for the clarification!


N-400 May 2017 Google Doc

Full timeline- 

 

Filed from abroad- Costa Rica

NOA1- NOA2: 316 days

Jan 12, 2013: Married!!
Mar 19, 2013: NOA1

Jan 28, 2014: I-130 approved

NVC- Green Card in Hand: 189 days

Feb 3, 2014: TSC sends case to NVC
April 14: Real checklist for AOS (saying tax number was incorrect when it wasn't)
April 30: Another AOS checklist, for proof of employment (which was already sent)
May 1: Checklist for IV- certified marriage certificate (even though I sent a certified one originally)
July 1: INTERVIEW!!! - APPROVED!
July 16: POE through Miami
July 22: SSN card in the mail
August 30, 2014: Green card arrives in the mail!!!
 
ROC: 366 days
April 27, 2016: Sent 300 page ROC packet to VSC via overnight mail
May 16: Check shown as charged online, received NOA 1 dated April 29
June 20, 2016- Biometrics
April 28, 2017: Approval
May 4, 2017: Approval letter arrived
May 15, 2017: GC arrives in mail
 
N-400: 190 days
May 8: Sent packet to Dallas Lockbox
May 12: NOA 1, Credit card charged
June 7: Biometrics
June 16: "In line"
Oct 2: Interview letter arrives (online status still says ''in line'')
Oct 31: Interview- Approved!
Nov 13: Oath ceremony!  Applied for passport & registered to vote on site.
Nov 22: Passport arrives (paid for expedited service and overnight delivery)
 
Journey complete! A total of 1701 days or 4 years, 7 months and 26 days.

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Filed: K-1 Visa Country: Wales
Timeline

Why would it need to be validated by your home state? Do they actually do that?


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Why would it need to be validated by your home state? Do they actually do that?

Well my mom came down here about 6 months ago and was going to get married. But there's a whole freaking thing to do. She would have to pay a lawyer $800, not the $50 at a normal courthouse in the USA. The license would have to be registered with the US embassy, validated by home state, etc etc. Seems like an expensive pain in the butt to me. And seeing as though round trip tickets to the states are only $500...

well I guess I already answered my own question! :innocent:


N-400 May 2017 Google Doc

Full timeline- 

 

Filed from abroad- Costa Rica

NOA1- NOA2: 316 days

Jan 12, 2013: Married!!
Mar 19, 2013: NOA1

Jan 28, 2014: I-130 approved

NVC- Green Card in Hand: 189 days

Feb 3, 2014: TSC sends case to NVC
April 14: Real checklist for AOS (saying tax number was incorrect when it wasn't)
April 30: Another AOS checklist, for proof of employment (which was already sent)
May 1: Checklist for IV- certified marriage certificate (even though I sent a certified one originally)
July 1: INTERVIEW!!! - APPROVED!
July 16: POE through Miami
July 22: SSN card in the mail
August 30, 2014: Green card arrives in the mail!!!
 
ROC: 366 days
April 27, 2016: Sent 300 page ROC packet to VSC via overnight mail
May 16: Check shown as charged online, received NOA 1 dated April 29
June 20, 2016- Biometrics
April 28, 2017: Approval
May 4, 2017: Approval letter arrived
May 15, 2017: GC arrives in mail
 
N-400: 190 days
May 8: Sent packet to Dallas Lockbox
May 12: NOA 1, Credit card charged
June 7: Biometrics
June 16: "In line"
Oct 2: Interview letter arrives (online status still says ''in line'')
Oct 31: Interview- Approved!
Nov 13: Oath ceremony!  Applied for passport & registered to vote on site.
Nov 22: Passport arrives (paid for expedited service and overnight delivery)
 
Journey complete! A total of 1701 days or 4 years, 7 months and 26 days.

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Share on other sites
Filed: Lift. Cond. (apr) Country: China
Timeline

Well my mom came down here about 6 months ago and was going to get married. But there's a whole freaking thing to do. She would have to pay a lawyer $800, not the $50 at a normal courthouse in the USA. The license would have to be registered with the US embassy, validated by home state, etc etc. Seems like an expensive pain in the butt to me. And seeing as though round trip tickets to the states are only $500...

well I guess I already answered my own question! :innocent:

If you get married in Costa Rica, you do not have to register anything with the US Embassy or have anything validated by your home state. A legal marriage overseas is automatically recognized in the US (provided it is in accordance with applicable laws in the US). I don't know what the steps are to get married in Costa Rica are but I highly doubt you would need to pay a lawyer $800 and I already addressed the Embassy and home state (non)issues.

If you have a Costa Rica marriage certificate and it was not in English, you do not need any fancy translation or authentication before submitting your petition. All USCIS requires is a photocopy of the certificate and the translation that would have to accompany it would require a signed attestation statement that states the translation is accurate and the person doing the translating is competent to do so. Anyone can who is fluent in the language can translate and sign the attestation statement.

Edited by Ryan H

Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

 

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Filed: IR-1/CR-1 Visa Country: Pakistan
Timeline

Moving to the United States, getting married, and then attempting to adjust status is most definitely immigration fraud irrespective of whether or not you are already in possession of a tourist visa, however,

If you believe it will really be easier for you to get married in the USA, then, you can do so if you so choose, as long as the beneficiary returns back to their Country to complete the CR-1 process whenever the tourist visa expires. This is not immigration fraud and is perfectly legal.

In other words, if you so choose, you can metaphorically "move" to the USA with your fiance on his tourist visa. Let's suppose he was granted entry for a period of 6 months. You can then choose to start your CR-1 process immediately by filing petition I-130.

Whenever your husband's tourist visa expires (6 months in this example), he will then promptly return back to his native Country and wait for the immigration process to be completed and return back to join you once again (once he is granted a spousal visa).

A word of caution though, once your husband returns back to his home country after his legal stay in the US expires on his tourist visa, it is not advisable to attempt re-entry on the same tourist visa. There is a high risk he will be refused at the POE and also it will cause problems when he finally goes for his spousal visa interview.

Hope this helps. Good luck!

The above is by no means professional legal advice and I strongly suggest you to talk to an immigration attorney to confirm if taking this route would be plausible for you before committing to anything.

Edited by sulhaq

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I am Costa Rican, my husband is American. We got married in Costa Rica without any problems.

You will need:

Original birth certificate

Affidavit of single status (sworn statement attesting principally to your marital status) your lawyer can give you that document, you just need to sign it.

Valid passport

Divorce decree (if applicable)

The documents issued in the United States with the Apostille will be recognized in Costa Rica, without the need to come to the consulates or the Foreign Ministry in San Jose.

You need to take those documents to an official translator. I paid 10.000 colones per document.

You do not need to register your marriage anywhere.

We just paid $200 for our legal documents

translations $60

And that was it.

Edited by ticavms

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