CR1 Inside US

[Dod 0]

Hello Again All,  

Now it is my brother Turn. My Case was IR1 from outside US. For my brother he is CR1, and he is in the US on Visit Visa. So wondering if any differences? or shall I just guide him through same steps I did.

 

Will appreciate if I somebody share link for procedures to follow for this case.

 

Thanks

[Spencerburgess 1]

Did your brother marry in the US while under the status of the Tourist Visa, or he married a US citizen outside the US? 

[Dod 0]

 @Spencerburgess My brother married a US citizen under the status of a tourist visa, and he is now in the US

[Spencerburgess 1]

This is a rather interesting topic that has some controversy. Technically it is a legal thing to do, but it can be a shady subject unless he meets some fairly strong qualifications.The big question to ask is how long since your brother entered the US on a tourist visa did he marry, and did he enter the US on a tourist visa with the intent to marry. If he entered the US very recently and got married then it would likely be best for him to return back to his home country and have his wife file for a CR1 visa on his behalf (It's the same process for the IR1 visa). 

 

Essentially if the marriage was in good faith and took place a good bit of time beyond his entrance into the US, and his entrance into the US was for actual Tourist/visitor purpose, then he is able to apply for permanent residency in the US while remaining in the US (And he would be required to remain in the US throughout the process or loose residency all together).

 

I would recommend speaking with an attorney or doing a lot of reading on the subject before moving forward with applying for residency while remaining in the US (Do so before he leaves the US! Once he is outside the US the chance of him returning on the same tourist visa is VERY slim and then his only option is the CR1 visa). Make sure that he is 100% for certain able to qualify for residency while in the US before moving forward with that process, otherwise if he is denied he will have to return home and his chance of getting a CR1 visa also gets a little bit harder as he likely will have to re-explain the whole situation again during a CR1 visa interview. Visa fraud is a BIG offense, if he entered the US on a tourist visa with the prior faith to marry the smart thing to do would be to leave the US and apply for a CR1 visa. Either way, be VERY careful and make sure all of your homework is done!

 

I hope that all made sense, I am no expert on the subject, but I have done some studying.

 

Best of luck!

 

http://thelawdictionary.org/article/how-to-get-married-on-a-tourist-visa/

Edited February 23, 2017 by Spencerburgess

[Ryan H 3,812]

***Moved from IR-1/CR-1 Process & Procedures to Adjustment of Status from Work, Student, & Tourist Visas forum.***

 

**Moderator hat off**

 

OP, your brother is free to stay an adjust as long as he did not misrepresent himself at any time to any official.  Whatever his intent was that the previous poster alludes to at the time he entered the US is no longer relevant.