Apply for B2, Marrying in the US, Then applying for CR-1 after arrival of marriage certicate while still in the US

[NikLR 13,220]

While it's great that you have the prerequisites in mind before marrying someone (meet the family etc) you didn't fall in love with someone from a low fraud country like Canada or a VWP country like Germany or the UK. You fell in love with someone who's country is high fraud. So the alternative is, of course, maybe your family should go THERE. (Besides skype my husband met my mother, who is also a minister, for the first time a few days before our wedding. Such is life and I'm Canadian!)

The good part, like Shayma has said, is that you're military. If you happen to be deployed or have orders to be deployed, well that is a pretty much the only reason why a petition is expedited. With orders, you could see your fiance here in a month or two vs the year it takes most people. As soon as you find out about deployment you can send in that information to the USCIS and whammo, you'll be sped up.

[destiny64 222]

The consulate keeps records of visa's applied for. Keep in mind if he tries for the b2 visa and is denied then they see him trying for a k-1 visa application within months , it might put up a red flag and you could be denied for both. If you just went the k-1 route you would probably be all set with your relationship being long term at this point, and seems you have plenty of proof. Just some food for thought I agree with others that the b2 visa is very difficult to get and if I were in your place I wouldn't want to chance a denial for b2 in my recent past while waiting for a decision on a k-1. Your attempt to push things faster could actually be a huge set back when dealing with the consulate in Casablanca. Best of luck in whatever path you chose!

[lost_at_sea 995]

The consulate keeps records of visa's applied for. Keep in mind if he tries for the b2 visa and is denied then they see him trying for a k-1 visa application within months , it might put up a red flag and you could be denied for both. If you just went the k-1 route you would probably be all set with your relationship being long term at this point, and seems you have plenty of proof. Just some food for thought I agree with others that the b2 visa is very difficult to get and if I were in your place I wouldn't want to chance a denial for b2 in my recent past while waiting for a decision on a k-1. Your attempt to push things faster could actually be a huge set back when dealing with the consulate in Casablanca. Best of luck in whatever path you chose!

A tourist visa denial is unlikely to have negative consequences on the K1. Tourist visas get denied because of believed immigrant intent - K1s are for exactly that purpose.

Edited December 29, 2013 by lost_at_sea

[alicia98981 128]

A tourist visa denial is unlikely to have negative consequences on the K1. Tourist visas get denied because of believed immigrant intent - K1s are for exactly that purpose.

This is the reason we decided a few days ago to chance it with the B-2 visa:

"9 FAM 41.31 N1 TEMPORARY VISITORS

(CT:VISA-1365; 10-29-2009)

Factors to be used in determining entitlement to Temporary Visitor Classification

are as follows:

(1) In determining whether visa applicants are entitled to temporary visitor

classification, you (the consular officer) must assess whether the

applicants:

(a) Have a residence in a foreign country, which they do not intend to

abandon;

(b) Intend to enter the United States for a period of specifically limited

duration; and

© Seek admission for the sole purpose of engaging in legitimate activities

relating to business or pleasure.

(2) If an applicant for a B1/B2 visa fails to meet one or more of the above

criteria, you must refuse the applicant under section 214(b) of the INA.

(See 9 FAM 40.7 for a complete discussion on Refusals Under Section

214(b)).

9 FAM 41.31 N2.1 “Residence” Defined

(CT:VISA-1365; 10-29-2009)

The term “residence” is defined in INA 101(a)(33) as the place of general abode;

the place of general abode of a person means his principal, actual dwelling place in

fact, without regard to intent. This does not mean that an alien must maintain an

independent household in order to qualify as an alien who has a residence in a

foreign country and has no intention of abandoning. If the alien customarily

resides in the household of another, that household is the residence in fact.

9 FAM 41.31 N2.3 Mere Suspicion Not a Reason for

Refusal

(CT:VISA-1034; 09-24-2008)

Suspicion that an alien, after admission, may be swayed to remain in the United

States because of more favorable living conditions is not a sufficient ground to

refuse a visa as long as the alien’s current intent is to return to a foreign

residence.

9 FAM 41.31 N14 VISITORS UNDER SPECIAL

CIRCUMSTANCES

(CT:VISA-1777; 11-29-2011)

The following classes of aliens may be classified B-2 visitors under the following

special circumstances.

9 FAM 41.31 N14.1 Alien Fiancé(e)s

9 FAM 41.31 N14.1-1 Fiancé(e) of U.S. Citizens or Permanent

Resident Aliens

(CT:VISA-798; 03-23-2006)

An alien proceeding to the United States to marry a U.S. citizen is classifiable K-1

as a nonimmigrant under INA 101(a)(15)(K). (See 22 CFR 41.81.) The fiancé(e)

of a U.S. citizen or lawful permanent resident (LPR) may, however, be classified as

a B-2 visitor if you are satisfied that the fiancé(e) intends to return to a residence

abroad soon after the marriage. A B-2 visa may also be issued to an alien coming

to the United States:

(1) Simply to meet the family of his or her fiancé;

(2) To become engaged;

(3) To make arrangements for the wedding; or

(4) To renew a relationship with the prospective spouse."

9 FAM 41.31 N17 AUTHORITY TO CLASSIFY

CERTAIN VISAS “B-1/B-2” AND AMOUNT OF FEES

TO BE COLLECTED

(CT:VISA-1034; 09-24-2008)

a. You may properly issue B-1/B-2 visitor visas to aliens with immigrant visa (IV)

applications pending with the United States Citizenship and Immigration

Services (USCIS). You must be satisfied that the alien’s intent in seeking entry

into the United States is to engage in activities consistent with B-1/B-2

classification for a temporary period and that the alien has a residence abroad

which he or she does not intend to abandon. While immigrant visa registration

is reflective of an intent to immigrate, it may not be proper for you to refuse

issuance of a visa under INA 214(b) solely on the basis of such registration,

unless you have reason to believe the applicant’s true intent is to remain in the

United States until such a time as an immigrant visa (IV) becomes available.

b. Also eligible for B-1/B-2 visas are qualified applicants whose principal purpose

for visiting the United States at various times falls within the B-1 or B-2

category. "

Given the responses on this thread and the information we have above, more thought and prayer has to be put into our decision. We don't want to make any decisions without much thought behind it. If we can answer questions and provide documentation proving the information above, I think we should be ok either of which route we choose. Thanks for your advice, I will continue to research and read more, but we are kinda leaning back to the K1 now . . .

[SennaBrigante 92]

I would take approval rates from the embassy's websites with a grain of salt. It said that ours has a 75% acceptance rate and I seriously doubt that it's that high.

He really doesn't need to be in the US for the filing of the petition. That was our plan too but with the K1 visa. Didn't happen and I don't think it makes a difference to USCIS whether both petitioner and beneficiary are in the same location when the petition was filed.

I went to the US on a tourist visa, unexpectedly got knocked up (was told by my doc that I'm infertile) and we got married. I had to fly back to my country before we gathered all the documents needed. I just prepared what I had to prepare from home, put it on our Dropbox and he printed it out, collated it and sent it in. I gave very specific instructions as to the sequence of documents and each part had labels and page numbers. Even a 1st grader could've done it.

I don't know how long it takes for a marriage license where you are but it took us 1 day to apply for a license AND get married. The certificate arrived by mail in 2 days. Granted it was a non-traditional wedding. We just walked to the court house and did it. My family is traditional too but they know that we'll be having a more appropriate wedding in the future. Our highest priority is to minimize the time apart once the baby gets here.

[belinda63 2,981]

He can apply for the tourist visa and if denied the only thing lost is the application fee and the time for the interview. It will not affect the filing of a K-1 or CR-1. Even if he is approved you need to be fluid in your plans as he might not get six months when he enters the US. He probably will not get an extension of a tourist visa. The entire visa process requires you to be able to adjust plans due to unforseen problems.

Best bet, given where he is from, is to visit each other several times. That could be in his country, the US, or anywhere else. You are going to need lots of proof of a relationship for him to pass this embassy.

Have you tried to military immigration hotline to see if your deployment would qualify you for an expediate?

[destiny64 222]

A tourist visa denial is unlikely to have negative consequences on the K1. Tourist visas get denied because of believed immigrant intent - K1s are for exactly that purpose.

Unless they have reason to believe that you had intent in the past to use your tourist visa to get married. Be sure that the consulate in Morocco will take that as a red flag and they were intending to do just that with the tourist visa. It will be a question that would have to be answered when interviewing for the k-1, guess he would have to lie and say they didn't intend to marry which in fact they did. I would like to think that you would not want to have to lie about past intentions to the consular, but that's just me I guess.

[jan22 2,918]

Unless they have reason to believe that you had intent in the past to use your tourist visa to get married. Be sure that the consulate in Morocco will take that as a red flag and they were intending to do just that with the tourist visa. It will be a question that would have to be answered when interviewing for the k-1, guess he would have to lie and say they didn't intend to marry which in fact they did. I would like to think that you would not want to have to lie about past intentions to the consular, but that's just me I guess.

Or, he could tell the truth and say they intended on getting married and him to return to Morocco while the CR-1 was processed. A B2 denial will have no/no effect on a K1 -- unless there was proven fraud/misrepresentation in the B2 visa application.

Having said that -- I think the odds are slim that a B2 would be issued. Sounds like ties to Morocco would be hard to prove. And, remember, the visa officer -- by law -- starts from "no" to the visa application until the applicant can demonstrate all of their reasons to return to a country outside the US.

I wish you luck in figuring out what is best for you -- sounds like you really are committed to doing this the "right" (legal) way.

[NigeriaorBust 4,087]

A man with no real job suddenly getting title to 2 homes and then applying for a tourist visa if that doesn't scream fraud I am not sure what does. You are obviously trying to skirt around immigration laws and the embassy sees hundreds of cases like this a day. You then make the assumption that you will just be granted an extra 6 months for your tourist visa. Do you really think they will bend all the rules just because it is the fairy tale path you think is best. If they do grant him a visa it may be a single visa 1 month visa not a multi entry multi year visa. If he shows up at the border with all the paperwork to file for an I130 in his luggage he may not make it into the US. If you are in the military I would stop chasing fishy paths , you don't want to marry someone with fraud markers in their file which he may have if you show up with manufactured ties to home.

[NigeriaorBust 4,087]

I am hardly negotiating a deal from Nigeria , if you could read you would see that naturalization is approved. Getting the homes in his name just before applying for the B2 shows that the evidence presented is being manufactured to support ties and the embassy will see right through that mess no matter how you try to spin it. If he doesn't intend on staying in the US while you are deployed then wait until that is over and then worry about then. I hope he reads your posts and see what you think of his mother, no better way to po a MENA man than disrespect his mother like. You better get married quickly because that is all the marriage will be if he reads that ... a quickie

[NikLR 13,220]

If they discover that upon entry your fiance has a bunch of items that would enable him to apply for an AOS, they can deny him entry as the CBP may feel he has immigrant intent. Even with a visitor visa etc... The final call is the CBP's. They have even denied K1 visa holders because they believe they're already married, even if they had a ceremony that wasn't legally binding. It's something to be very careful of, because you should also never lie to the CBP, it will come back to bite you.

[alicia98981 128]

I would take approval rates from the embassy's websites with a grain of salt. It said that ours has a 75% acceptance rate and I seriously doubt that it's that high.

He really doesn't need to be in the US for the filing of the petition. That was our plan too but with the K1 visa. Didn't happen and I don't think it makes a difference to USCIS whether both petitioner and beneficiary are in the same location when the petition was filed.

I went to the US on a tourist visa, unexpectedly got knocked up (was told by my doc that I'm infertile) and we got married. I had to fly back to my country before we gathered all the documents needed. I just prepared what I had to prepare from home, put it on our Dropbox and he printed it out, collated it and sent it in. I gave very specific instructions as to the sequence of documents and each part had labels and page numbers. Even a 1st grader could've done it.

I don't know how long it takes for a marriage license where you are but it took us 1 day to apply for a license AND get married. The certificate arrived by mail in 2 days. Granted it was a non-traditional wedding. We just walked to the court house and did it. My family is traditional too but they know that we'll be having a more appropriate wedding in the future. Our highest priority is to minimize the time apart once the baby gets here.

From what I gather with the state I live in, it will take roughly 6-8 weeks to recieve the marriage certificate, but this is unconfirmed. We picked a Central American honeymoon based on the location of where I live so having the B-2 would be in our favor. However, the K-1 seems to be for right now a more likely way of marrying in the US. Since documents have to be original anyway. We figured he just bring them with him. The hope was with the B-2 was that we could complete the 8 week marriage counseling, simultaneously plan a wedding, honeymoon, while I file the documents for the CR-1, he returns home to complete the interview process, and showing his brothers how to take over the household, and wait for me to return from my deployment, IF the orders go through. If I ended up having to deploy, we were hoping all of this could be taken care of while I was deployed essentially knocking out two birds with one stone as far as the periods of seperation. He he has to return home anyway whether I deploy or not and we'd hate for him to be barred from coming permanently when the time comes because he over stayed. As said before, B-2 will definitely be risky which is why we are also thinking we may have to go back to the K1 route to prevent being denied on the assumption that he will overstay his visit. It's not ideal, but it may be the only option we have.

[cdneh 3,112]

I have a question for the OP. If he is stating as a tie to Morocco that he is reluctant to leave his Mother alone for too long, will he be willing or able to leave her behind permanently, once you successful get the Visa you decide on?

[alicia98981 128]

If they discover that upon entry your fiance has a bunch of items that would enable him to apply for an AOS, they can deny him entry as the CBP may feel he has immigrant intent. Even with a visitor visa etc... The final call is the CBP's. They have even denied K1 visa holders because they believe they're already married, even if they had a ceremony that wasn't legally binding. It's something to be very careful of, because you should also never lie to the CBP, it will come back to bite you.

Exactly. That's why I want to enter with through the POE and hope that we have enough documentation to prove our intentions when he arrives. . .

[NikLR 13,220]

You'll need to prove everything beforehand for the B2 however. Best of luck if you're actually trying for it. Remember, he can't lie about anything.