Tell me I can't do this

[FullFledged 6]

OK, so I'm an American guy looking to marry a Singaporean girl and here's something I've thought of. Now we both go to Canada since we do not require visas to travel there and there we marry. I apply for a CR-1 for her. While we're waiting on approval, she stays in America in a tourist visa. Now, she does have some distant relatives here so does that give her any other options. Finally, am I making this too complicated? I understand that a person cannot, in general, wait in the US pending their CR-1 approval. Is this correct?

Tell me where there might be some problems in this approach or if it just might work.

[kzielu 1,147]

No problems with your plan except :

- she may be denied entry

- her stay on Tourist visa will be limited to the time she is given by CBP

- she will have to return to her country for medical/interview anyway if you go for consular processing (which CR-1 is).

Other than - sure she can wait.

[FullFledged 6]

Do I have options to where she wouldn't have to go back for those parts?

Oh, and another thing, I mean wait in America on an American tourist visa, not in Canada.

[Removed-02242014 19]

How about the fact that it is simply fraud?

[FullFledged 6]

You better have a good clarification for that Mark or I'm sending you on up to the mods for flaming me implying I am some kind of crook!

[Ning 619]

Do I have options to where she wouldn't have to go back for those parts?

Oh, and another thing, I mean wait in America on an American tourist visa, not in Canada.

She will have to gain entry into the USA legally. Anything other than that is simply fraud. You are asking members to advise you on how to commit fraud.

[FullFledged 6]

What part of this could make it fraud?

[sulhaq 59]

FullFledged don't worry. It is not fraud. Mark-n-Luz please calm down and do not spread mis-information.

1. Anyone is free to apply for a tourist visa at any time. If your wife is granted a tourist visa while her CR-1 is pending, she can come and stay with you until her legal stay under the tourist visa expires. It's perfectly legal. HOWEVER, actually *obtaining* a tourist visa and entering the USA is a different story. While applying for a visa, she will have to disclose that she has CR-1 immigrant visa application pending, at which point the most likely outcome is that her tourist visa will be denied. Even if she is granted a tourist visa, there is a strong possibility that she will be rejected at the POE and be told to wait in her native country. Unless your wife can give a really good reason why she should be granted a temporary visa while having CR-1 pending, and shows really really strong ties to her native country and intent to return, the outcome here is most probably denial.

2. If your wife is fortunate enough to get a tourist visa *and* get past the officer at the POE, then, she is free to stay in the US until her tourist visa legal stay limit expires. This maybe a few weeks, a few months or a full-blown year. Depends on what is stamped at the POE.

3. Once your wife's legal stay expires on her temporary visa, OR, her interview appointment/medical appointment date arrives, she MUST RETURN TO HER NATIVE COUNTRY. There is no way around it. She HAS to do it. The medical/interview for CR-1 MUST happen in the country from where she is immigrating from.

Other than the above three points, I'd personally have a solid explanation ready why your wife applied for a tourist visa while her CR-1 visa was pending. She will be asked about it at the interview. Personally, I wouldn't bother with it. It's a bit risky. The denial rate is very very high and it's just not worth it having to explain it to the CO at your immigrant visa interview and raising unnecessary suspicions.

Edited April 26, 2012 by sulhaq

[Merrytooth 5,748]

Do I have options to where she wouldn't have to go back for those parts?

Oh, and another thing, I mean wait in America on an American tourist visa, not in Canada.

Singapore citizen could enter US using VWP without tourist visa, maximum 90 days stay, while the CR-1 is pending.

However, she has to go back to Singapore to complete the medical/interview.

This is the legal way to do.

[NigeriaorBust 4,087]

What is fraud is using non immigrant entry ( tourist visa or VWP ) with the intent of immigrating. It could lead to a life time ban. It doesn't happen often ( the lifetime ban ) but you really don't want to be "the one"

[FullFledged 6]

Sulhaq thanks for the helpful info. Seriously guys, I'm not trying to pull a fast one on USCIS but if there are loopholes available to us we will use them. Kinda doesn't sound like that's the case, though. =(

[Gary and Alla 3,694]

Do I have options to where she wouldn't have to go back for those parts?

Oh, and another thing, I mean wait in America on an American tourist visa, not in Canada.

So why get married in Canada? No you have no opitons, she can only remain in the US as long as is allowed on a tourist visa, usually 90 days, that is not long enough to get a CR-1 approved and even then she has to go back for her medical land interview.

[sulhaq 59]

I'd just like to add here that I was unaware Singapore was eligible under the Visa Waiver Program. Under these circumstances I am not sure if you can apply for a B-type visa. Especially while having CR-1 pending.

[Gary and Alla 3,694]

Sulhaq thanks for the helpful info. Seriously guys, I'm not trying to pull a fast one on USCIS but if there are loopholes available to us we will use them. Kinda doesn't sound like that's the case, though. =(

If it was the case, no one would file for K-1s and CR-1s. You think the rest of us just wanted the hassle?

This is going to be your wife...for life. The most important person in the world, except for maybe your children one day. For HER you want to do it right so that SHE is protected forever. It is not that long to wait to start your married life properly and without having to always worry if they will "find out" Now concentrate on what you need to do and forget the nonsense.

[Penguin_ie 5,984]

So why get married in Canada?

Wondered about that too. If she can use the VWP, why do you two meet in Canada/ plan to get married there? Why not the USA? It's perfectly legal for her to come to the USA and get married here she just cannot stay longer than the 90 days given on the VWP.