B1/B2 visa holder marrying a US citizen

[lawfulguy 0]

Hi Folks

I am an Indian citizen with a B1/B2 visa holder which is valid till 2020. I have visited the USA a dozen times already (always as a visitor). My wife-to-be is a US citizen by naturalization.

We are planning to get married in India during this summer and want to be together as soon as possible.

In my understanding, K3/K4 visa is no longer considered advisable and it is recommended to directly apply for CR-1 immigrant visa.

It is also my understanding that a CR-1 visa can take 6-8 months on average to get through.

It is also my understanding that if I visit USA as a visitor while my CR-1 visa is pending (that is, while my I-130 is under processing), the officer at the PoE officer may need additional convincing that I will return to my country and not stay on.

So our plan is to get married in India. After the wedding, my wife goes back to the US without me. I come a little later as a visitor intending to return to my country within six months. After my arrival, my wife files I-130 for a CR-1 visa. But I won't apply for adjustment of status or try to become a permanent resident while I am there. I will return to my country after 5-6 months of stay in the USA and wait for the immigrant visa to be approved.

Then I again enter as an immigrant.

The upside is that there is no I-130 pending when I enter the US, so my bona-fide to only come as a visitor is clear. And I will honor the conditions of my non-immigrant visa and will return to my home country within six months.

The downside is I won't be able to work while in the USA but that is OK by me, as I am planning to write a book during the few months that I am there.

Does the plan sound fine without any consequence to my I-130 processing?

Any help/pointers will be appreciated. Thanks!

[Penguin_ie 5,984]

The plan sounds fine and should not negatively impact the CR-1.

Personal opinion: I think your chances of being allowed in, and allowed the full 6 months, are greater if you enter AFTER the CR-1 is filed. They will likely know that you are married anyway (or will after they ask why you are coming- never lie to immigration!), and if you can prove you are being petitioned for a spousal visa, it shows you guys want to do things the legal way.

[The Mean Lady 604]

The plan sounds fine and should not negatively impact the CR-1.

Personal opinion: I think your chances of being allowed in, and allowed the full 6 months, are greater if you enter AFTER the CR-1 is filed. They will likely know that you are married anyway (or will after they ask why you are coming- never lie to immigration!), and if you can prove you are being petitioned for a spousal visa, it shows you guys want to do things the legal way.

Correct, there's nothing wrong with filing your I-130 before going to US.

And it could come up that you're married anyways, and if you're traveling with your NOA1, this looks good.

I got a POE office with my husband last month that was very adamant about ALWAYS traveling with my NOA1 (though she was very strange in general).

Anyways, my point is, you can travel/visit on a pending I-130 but you will need to provide proof of intent to leave the US regardless of if you file ahead of time/disclose being married.

The pending NOA1 just helps your case.