Entering Lawfully on B1 Tourist Visa to apply for CR-1

[Peter C 0]

I am an American citizen with a Romanian fiancé. She has a ten year B1/B2 visa and has visited the US twice so far. Once before meeting me and the second time was to visit me at my home address. She told customs agents she was visiting her boyfriend and everything went well.

We have two options: Get married over seas or get married in America.

Our first and most desired choice - is to get married overseas, and she will enter on her B1/B2 visa (lawful admission) and we can start the CR-1 spouse visa process while she is in the US. Is this possible? Has anyone ever went this route before? Any and all help would be greatly appreciated.

The second option would be her entering with her B1-B2 visa and after 60 days, we spontaneously decide to get married. We are worried she will be rejected on entrance. (Her two previous visits were from Australia where she held residency and a full time occupation. Her visa for Australia has since ended and she will be coming from Romania this time. She will have been in Romania for 2 months before making the flight over to America and will hold no job in that time.)

We understand the usual wait time and proper process for this situation. We also know the consequences. If she is granted entry and we get married after 60 days, I know we will still be subject to interviews and will have to prove there was zero intent of marriage upon initial arrival.

We are now seeking advice from individuals that may have exact experience and/or knowledge on this matter.

Hope to hear from you soon!

Thanks in advance for everything!

[apple21 953]

You go to her home country, get married there. You go back to the US and file CR1. She waits for the interview and visa in her home country.

[Peter C 0]

You go to her home country, get married there. You go back to the US and file CR1. She waits for the interview and visa in her home country.

Thank you for the response apple21. As stated, I understand the proper procedure to filing the CR1 visa. We are looking for alternative ways.

[NikLR 13,220]

She can enter while you guys are filing the CR1 but it would require for her to enter lawfully and truthfully. Also at that time she would probably have to show ties to her home country and may be limited in her stay. Several shorter stays tend to be easier than one long one for example. I can't suggest her coming to visit before filing or filing first then her coming to visit. Honestly I don't know the better route but I see pros and cons on both. No matter how you cut it, the CBP officer has the choice to allow her entry or not. But as she's only been in Romania for a few months it may be hard for her to show ties to her country if asked to do so.

[Penguin_ie 5,986]

Second option is not lawful as you are already thinking about getting married and staying, thus you have intent and it would be visa fraud.

First option is fine- have her come here on the tourist visa to get married, petition for CR-1 as soon as you have the marriage cert, stay as long as her stamp allows (likely 6 months), then return home for medical and interview.

[canadian_wife 1,791]

Fiance? Already planning and talking of a 'spontaneous wedding'

Yeah, option 1 is your safest bet to prevent a lifetime ban. You are clearing looking for 'alternative ways' meaning shortcuts. What you'd like to do is unlawful and risky.

Marry in her home country, she may visit during the Cr-1 process

good cluk

[NikLR 13,220]

She can enter while you guys are filing the CR1 but it would require for her to enter lawfully and truthfully. Also at that time she would probably have to show ties to her home country and may be limited in her stay. Several shorter stays tend to be easier than one long one for example. I can't suggest her coming to visit before filing or filing first then her coming to visit. Honestly I don't know the better route but I see pros and cons on both. No matter how you cut it, the CBP officer has the choice to allow her entry or not. But as she's only been in Romania for a few months it may be hard for her to show ties to her country if asked to do so.

Can't edit so I'm adding that any "spontaneous wedding and stays" are illegal. I was never comparing it in my options. I was comparing married in USA while visiting, and starting CR1 path while visiting and she returns home when required OR married in Romania and comes to visit after CR1 path is started OR married in Romana and comes to visit then starting CR1 path. Of the 3 (which may or may not be options?) I think visiting the usa, getting married, start CR1 and she returns home when required is the easiest option for you guys even if it's not your ideal path. You wouldn't need any translations of the marriage certificate though on the plus side.

Edited January 7, 2013 by NikiR