To marry here, or in Colombia.

[Jmajr78 0]

I met a wonderful person in colombia in November 2016. She's come here and I've visited her there in Colombia, and am returning in May.  My question, what's easier marrying here and filling a K-1 or marrying there and filing a spouse? If we wanted to marry here on her B1 is she allowed to leave and re enter?? I need advice guys. Please anyone!! 

Edited March 29, 2017 by Jmajr78
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[KULtoATL 1,552]

Entering the US using a B2 with the intent of marriage and immigration is fraud. So it's best that you either go the K-1 or CR-1 route. Both requires waiting. However, with CR-1, she will become a LPR immediately upon entry into the US with her approved CR-1  

[geowrian 22,344]

8 minutes ago, KULtoATL said:

Entering the US using a B2 with the intent of marriage and immigration is fraud. So it's best that you either go the K-1 or CR-1 route. Both requires waiting. However, with CR-1, she will become a LPR immediately upon entry into the US with her approved CR-1  

Sorry, but that's incorrect. Entering on a tourist visit to marry is perfectly legal (even if she intends to later immigrate). Entering to marry and stay in the US is fraud. Either way, I'd also suggest going the K-1 or CR-1 route instead.

 

Edit: Let me clarify...I'm assuming OP's intent was to enter, marry, then exit and complete the CR-1 visa process. That is permitted.

Edited March 29, 2017 by geowrian

[krysten.danis 9]

My now husband came on a B2 visa and we got married.  Now we are waiting for the CR-1 visa.  It has been a long process and we are still going through it, but we decided it would be worth it because we wouldn't have to file more paperwork for him to get a job etc.  Yes it has been a long and exhausting process, but we know in the end it will be well worth it.

[KULtoATL 1,552]

1 minute ago, geowrian said:

Sorry, but that's incorrect. Entering on a tourist visit to marry is perfectly legal (even if she intends to later immigrate). Entering to marry and stay in the US is fraud. Either way, I'd also suggest going the K-1 or CR-1 route instead.

@geowrian Thanks for correcting me

 

@Jmajr78 Sorry for the misinformation 

[geowrian 22,344]

Just now, KULtoATL said:

@geowrian Thanks for correcting me

 

@Jmajr78 Sorry for the misinformation 

No problem. I re-read it and realize the possible confusion in wording so I edited my post above to be more clear.

[KULtoATL 1,552]

 

53 minutes ago, Jmajr78 said:

I met a wonderful person in colombia in November 2016. She's come here and I've visited her there in Colombia, and am returning in May.  My question, what's easier marrying here and filling a K-1 or marrying there and filing a spouse? If we wanted to marry here on her B1 is she allowed to leave and re enter?? I need advice guys. Please anyone!! 

@Jmajr78 So here's the thing, if you guys get married while she's on her B2, sure, she can leave the US to return to Colombia to wait for you to file the CR-1. However, if she plans to visit while the CR-1 is pending approval, CBP officer at the POE might not allow her to re-enter on her B2 again due to her obvious immigration intent and you would have to visit her in Colombia instead. Again, who knows if she might get lucky with a nice CBP officer. 

 

@geowrian Am I on the right track here or am I incorrect again? 

[geowrian 22,344]

12 minutes ago, KULtoATL said:

 

@Jmajr78 So here's the thing, if you guys get married while she's on her B2, sure, she can leave the US to return to Colombia to wait for you to file the CR-1. However, if she plans to visit while the CR-1 is pending approval, CBP officer at the POE might not allow her to re-enter on her B2 again due to her obvious immigration intent and you would have to visit her in Colombia instead. Again, who knows if she might get lucky with a nice CBP officer. 

 

@geowrian Am I on the right track here or am I incorrect again? 

Bingo

[TBoneTX 48,035]

*** Thread is moved from the K-1 Process forum to the CR-1 Process forum -- OP would be on the latter path. ***