Honeymoon abroad after F1 marriage

[jkb11 26]

Thanks to everyone who replied -- you all have been absolutely wonderful sharing your opinions and I am happy for the chance to see the spectrum of opinion and understand the risk. Here are a few additional clarifications and questions:

1. I am intrigued by the option quoted above, but do not fully understand it. How long would she need to be in her home country if we go the CR-1 route? Will they find it odd that we filed a CR-1 when she is actually living in the U.S.? Also, how does it nullify the issue of intent at her post-honeymoon re-entry -- does intent apply only to AOS and not to CR-1?

She could wait in the U.S. for the application to be processed and would need to be home only for her interview. All other stuff can be done in the U.S. CR-1 completely nullifies the intent as her intent while crossing the border with her F1 at that particular moment would not be to stay, but to study and when the time comes, to go back for a proper visa that allows her to immigrate. Remember, it's all about _her_ intent, not _your_ intent. You are a citizen and can cross the border to do whatever you desire.

Now, if she maintains that intent and she plans to do this the way it is described, after the entrance her intent can change anytime during her stay. So, if she enters the U.S. with the intent to study, file for CR-1 and go back for her visa, everything is fine. If you convince her to AOS instead, as in, change her intent but _after_ she enters the U.S., you are free to do so, she is free to do so and completely lawfully can file for AOS without committing visa fraud.

2. We have a window of three years left on her F1. Suppose we waited a year or more to file the AOS after her re-entry. Does that change anything?

Nope. As long as she maintains the intent to AOS and stay at the time of entry on her F1, no matter how long you wait, it's visa fraud. On the other hand, if AOS interview is one year after entry, I doubt anyone would ask about it at the interview. You might be asked about the long wait, though.

3. Several suggested waiting to marry and making this a vacation. Unfortunately, I have already put down a nonrefundable $6,000 in deposits towards the ceremony event in late June. Postponing the wedding would be a bigger loss than postponing the honeymoon. This would also offend the relatives.

It's perfectly legal to marry in the U.S. on any visa.

4. However, we could have the ceremony on the planned day but delay getting the actual certificate until after the honeymoon. No one has yet commented on whether this delay would be meaningful. During an AOS interview, would it be an issue that the ceremony occurred before the re-entry and certificate? Or is the certificate date the only meaningful one?

What matters is the day of marriage, not the day your certificate is issued.

5. Since many mentioned this, I have looked into the fees associated with changing the various parts of our honeymoon, and it appears that roughly $2,000 would be salvageable and $2,000 lost if we reschedule this now for the following year. It would all be lost if we cancel it outright, or if we waited until the last minute to reschedule.

Well, it's something you need to decide upon. All we can do is give you pros and coss.

All in all we are leaning towards giving up on the honeymoon (we are afraid since she is in the middle of a graduate program), but are curious about the CR-1 route mentioned above.

If she's in the middle of a graduate program - the less reasons to deny her at the border during re-entrance.

So, let me briefly summarize the options I can see right now:

1. Get married, file for AOS. This is the _safest_, the most _risk free_ and _fastest_ option.

Pros: No chance of being denied at the border, you are married, she gets her GC ASAP.

Cons: You lose $2k/$4k as there is no way you can go on that honeymoon. Chance of being denied AOS (very slim).

2. Get married, go on honeymoon, return on F1, file for CR-1, she goes home for the interview, gets her visa, comes back with GC

Pros: You are married, you go on honeymoon

Cons: Chance of being denied at the border (very slim), chance of being denied visa (very slim), need to travel home (money+time), longer process than AOS

3. Get married, go on honeymoon, return on F1, convince her to file for AOS instead of the CR-1 she so much intended to follow at the time of entry. This is the _most economical_ option.

Pros: You are married, you go on honeymoon, she gets her GC almost as fast as the first option, she doesn't need to go home to attend interview

Cons: Chance of being denied at the border (very slim), chance of being denied AOS (very slim).

4. Don't get married, go on "vacation", return on F1, get married, apply for CR-1 (remember, intent of applying for AOS during entrance on F1 = fraud)

Pros: You go on vacation

Cons: You are not married, you lose the wedding ceremony money, chance of being denied at the border (very slim), chance of being denied at the consulate (very slim), need to travel for the interview (time+money), longer time to wait for GC.

5. Don't get married, go on "vacation", return on F1, convince her to file for AOS instead of the CR-1 she so much intended to follow at the time of entry

Pros: You go on vacation, she gets her GC at the same time as option 3.

Cons: You are not married, you lose the wedding ceremony money, chance of being denied at the border (very slim), chance of being denied AOS (very slim)

The choice is yours

Cheers!

[Krikit 1,163]

I disagree with the chances of a problem at re-entry being "very slim". Scenario:

CBP Officer: Why were you out of the country?

Wife: I was on vacation.

CBP Officer: Who with?

Wife: My husband

CBP Officer: What's his nationality?

Wife: American

CBP Officer: Where is he?

Wife: In the other line.

CBP Officer: Why are you not together?

Wife: Because we were being evasive. I was going to try to re-enter on my F-1 visa so you wouldn't realize I have immigrant intent.

CBP Officer: Come with me.

Obviously that's not an exact scenario but you get the gist. My concern wouldn't lie with how to adjust status after re-entry. My concern would BE the re-entry. I have been in the locked room where a couple had been separated and were getting grilled individually. They would speak with one while the other was in an exterior room. Then they would bring him in while she sat out there. And then again. They had the contents of her bags on the counter. They were viewing her email. They were yelling at her. She was a mess. The guy going by in handcuffs probably didn't help ease her mind. I certainly wouldn't want to re-enter without a clear conscience.

Having said all that, she may very well get that officer who asks no questions whatsoever. You may even both get an officer who doesn't ask you questions. But you/she certainly wouldn't want to lie at any point. The consequences of that are severe.

[LIFE'SJOURNEY 970]

If they are married then family fills out ONE 194 form. How will they get past this, by lying and saying they are not married. LYING gets a life time ban.

[milimelo 4,194]

If they are married then family fills out ONE 194 form. How will they get past this, by lying and saying they are not married. LYING gets a life time ban.

That's the customs declaration form - blue top. One per family. USCs do not fill out I-94, visa holders do.

Edited April 24, 2012 by milimelo

[aaron2020 11,651]

You've made a $4000 mistake. You want to take your honeymoon so the money is not wasted. The honeymoon puts your wife at risk.

Why the heck would you take the honeymoon? Is $4000 worth your wife being denied re-entry into the US?

Eat the lost. The money is gone. You made a mistake. No big deal - I've lost plenty of money on nonrefundable transactions.

It would be insanity for you to compound your mistake by being cheap. Risking your wife will be denied re-entry is not worth $4000.

How much will it cost you if your wife is denied entry?

How much will it cost you if your wife is banned for life for making a material misrepresentation?

No trip outside the US = no risk to her.

Are you willing to risk your wife's life in the US for $4000? Are you willing to risk your life for $4000? Are you willing to sink more money into your wife's immigration if your honeymoon screws her and you over?

Don't take the trip. Eat the lost.

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Either get marry and not go on the honeymoon as scheduled or go on the trip unmarried (and don't call it a honeymoon). These are your two safest choices.

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I would never put my wife or myself at risk for a denied entry for $4000. It's not worth the risks.

Edited April 24, 2012 by aaron2020