CR-1 Visa : Location of Marriage

[jguzman 0]

Hey all:

I have a question in regards to the location of the marriage for a CR-1 visa.

Is it considered visa fraud for the beneficiary (from Brazil) to go to the US on a tourist visa to get married, then return to her country of origin where she will stay until the CR-1 visa has successfully processed?

So it boils down to the following - will the US gov't consider the beneficiary committing visa fraud if she goes to the US on a tourist visa, gets married, returns to her country of origin and only return to the US when the CR-1 visa is complete?

After reviewing multiple sources, there are two main perspectives:

• Perspective 1 - The beneficiary committed fraud because she went to the US with the intention to marry - not leisure
• Perspective 2 - It's OK because the beneficiary returned to her country of origin

Thank you feedback in advance!

Regards,

JG

[Lucas&Lucas 4]

Hey all:

I have a question in regards to the location of the marriage for a CR-1 visa.

Is it considered visa fraud for the beneficiary (from Brazil) to go to the US on a tourist visa to get married, then return to her country of origin where she will stay until the CR-1 visa has successfully processed?

So it boils down to the following - will the US gov't consider the beneficiary committing visa fraud if she goes to the US on a tourist visa, gets married, returns to her country of origin and only return to the US when the CR-1 visa is complete?

After reviewing multiple sources, there are two main perspectives:

• Perspective 1 - The beneficiary committed fraud because she went to the US with the intention to marry - not leisure
• Perspective 2 - It's OK because the beneficiary returned to her country of origin

Thank you feedback in advance!

Regards,

JG

• Perspective 2 - It's OK because the beneficiary returned to her country of origin

  it is considered visa fraud for the beneficiary (from ANY PLACE) to go to the US on a tourist visa to get married, then apply to adjust of status !!

  Tourist visa is for temporary stay, if your wife adjust status, she already enter the country thinking to stay !

  There is no problem to marry and come back...

  But she cannot have anything related to marriage ceremony on her suitecase like

  wedding dress, shoes, souvenirs, nothing that indicate she is going to marry.
  She runs the risk of being barred from the POE and sent back.

[jguzman 0]

Lucas:

Thank you for your insight! In regards to your last paragraph of having wedding items that could lead to her getting barred at the point of entry, is that because the US Customs Agent is trained to think that the wedding items is evidence that she will illegally stay in the US? Or is there something else I am missing?

Muito Obrigado!

JG

[B & G 200]

Having a wedding dress in her suitcase or any other wedding related items doesn't automatically say I'm planning to stay to a customs officer.

It totally depends on how up front she is when entering. For example, when asked about the reason of her visit, and she says vacation, and if her bags are then searched and a wedding dress is discovered, you can safely assume that the CBO will get quite suspicious.

If she says that she is here to get married and return home, then the discovery of the dress isn't an issue. She will questioned further about the wedding, so if you plan on doing that be armed to the neck with proof of ties to Brazil and that she will just be in the US for the ceremony and then return back to wait out her visa petition.

I did what you guys are planning on doing in April. I was there for 12 days. We got married at our county courthouse and then I flew back home. There is nothing wrong or illegal about getting married in the US. Its the intent on staying and adjusting status thats illegal. I was prepared to tell the CBO about the marriage if they asked me, but luckily only thing I was asked was how long I was staying and if I had and fruit or vegetables in my bags!

As for a wedding dress, to avoid carrying with her in her suitcase, she can either order it online and have it sent to the US address, or buy it in Brazil and ship it through to the US.

[dwheels76 5,463]

Hey all:

I have a question in regards to the location of the marriage for a CR-1 visa.

Is it considered visa fraud for the beneficiary (from Brazil) to go to the US on a tourist visa to get married, then return to her country of origin where she will stay until the CR-1 visa has successfully processed?

So it boils down to the following - will the US gov't consider the beneficiary committing visa fraud if she goes to the US on a tourist visa, gets married, returns to her country of origin and only return to the US when the CR-1 visa is complete?

After reviewing multiple sources, there are two main perspectives:

• Perspective 1 - The beneficiary committed fraud because she went to the US with the intention to marry - not leisure
• Perspective 2 - It's OK because the beneficiary returned to her country of origin

Thank you feedback in advance!

Regards,

JG

It is never Visa fraud to come to US with intention of getting married. Its fraud to plan to come get married and stay and adjust status.

Many marry and return to their countries as they legally should. So come on. tell CBP I am coming to get married and going back home here is my return ticket (f course if asked only). It;s all good.