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IrinasMan

Marriage while on B1 and then petition for CR1

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I have been searching on this forum, and can't quite find my exact situation., so any hrlp would be appreciated.

 

I have met a wonderful Russian woman online. Common story, I know. She already has her B1 visa, and would like to come and stay with me for a few months to see if we click as well in person as we do in video chat. If so, then we will almost certainly get married while she is here. Our plan from there is to have her return to Russia and settle her affairs,  and apply for a CR1 visa. I think we will be following all the correct procedures if we follow this plan, so here are my questions:

 

1) When she arrives, how long should she state as her intended length of stay?

 

2) Will it matter that she will be staying with me, as far as the border guard allowing her to have the full 6 months?

 

3) Can we apply for the CR1 while she is still here, and have it processing while she is back in Russia?

 

If there are any concerns that I should know about, I would rather know now, rather than after she gets here.

 

Thanks is advance for any advice.

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Filed: K-1 Visa Country: Wales
Timeline

1. Her intended length of stay, presumably the date of her return flight.

 

 2. B1 is for Business trips so yes.

 

3. Yes

 

VAWA?

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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1 hour ago, IrinasMan said:

I have been searching on this forum, and can't quite find my exact situation., so any hrlp would be appreciated.

 

I have met a wonderful Russian woman online. Common story, I know. She already has her B1 visa, and would like to come and stay with me for a few months to see if we click as well in person as we do in video chat. If so, then we will almost certainly get married while she is here. Our plan from there is to have her return to Russia and settle her affairs,  and apply for a CR1 visa. I think we will be following all the correct procedures if we follow this plan, so here are my questions:

 

1) When she arrives, how long should she state as her intended length of stay?

 

2) Will it matter that she will be staying with me, as far as the border guard allowing her to have the full 6 months?

 

3) Can we apply for the CR1 while she is still here, and have it processing while she is back in Russia?

 

If there are any concerns that I should know about, I would rather know now, rather than after she gets here.

 

Thanks is advance for any advice.

Just make sure to understand all the process before start it, you can find interesting and helpful information in VisaJoourney, and great support from other users. Take in count that you will need to provide all the necessary evidence of bona fide marriage, but also to meet the requirements for the affidavit of support.

 

The decision of getting marriage is very personal, and it will depend not just about the love that you have for each other, but also the absolutely trust and confidence that making this it would be the bet for both of you.

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2 hours ago, IrinasMan said:

She has corrected me. Her visa type is B1/B2.

 

Also should she say that she's staying with a friend,  or will that make a difference to the border guard z m

 

 

Thanks

Never lie or hide the truth. If asked, she should tell the officer exactly the reason for her trip. 

“When starting an immigration journey, the best advice is to understand that sacrifices have to be made... whether it is time, money, or separation; or a combination of all.” - Unlockable

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Filed: Citizen (apr) Country: Russia
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2 hours ago, JFH said:

I think a good test to make sure you are not being scammed is to suggest to the foreign fiancé that you want to move to their country to live with them. If the reaction is "great! Can't wait to be with you all the time! Let's research what visa you need" then there's a good chance it's genuine. If the reaction is "absolutely not! I am moving to America" then you know where the priorities lie. 

I second this. 

 

And she should absolutely tell the truth at the border the reason for her visit.

🇷🇺 CR-1 via DCF (Dec 2016-Jun 2017) & I-751 ROC (Apr 2019-Oct 2019)🌹

Spoiler

Info about my DCF Moscow* experience here and here

26-Jul-2016: Married abroad in Russia 👩‍❤️‍👨 See guide here
21-Dec-2016: I-130 filed at Moscow USCIS field office*
29-Dec-2016: I-130 approved! Yay! 🎊 

17-Jan-2017: Case number received

21-Mar-2017: Medical Exam completed

24-Mar-2017: Interview at Embassy - approved! 🎉

29-Mar-2017: CR-1 Visa received (via mail)

02-Apr-2017: USCIS Immigrant (GC) Fee paid

28-Jun-2017: Port of Entry @ PDX 🛩️

21-Jul-2017: No SSN after three weeks; applied in person at the SSA

22-Jul-2017: GC arrived in the mail 📬

31-Jul-2017: SSN arrived via mail, hurrah!

 

*NOTE: The USCIS Field Office in Moscow is now CLOSED as of February 28th, 2019.

 

Removal of Conditions - MSC Service Center

 28-Jun-2019: Conditional GC expires

30-Mar-2019: Eligible to apply for ROC

01-Apr-2019: ROC in the mail to Phoenix AZ lockbox! 📫

03-Apr-2019: ROC packet delivered to lockbox

09-Apr-2019: USCIS cashed check

09-Apr-2019: Case number received via text - MSC 📲

12-Apr-2019: Extension letter arrives via mail

19-Apr-2019: Biometrics letter arrives via mail

30-Apr-2019: Biometrics appointment at local office

26-Jun-2019: Case ready to be scheduled for interview 

04-Sep-2019: Interview was scheduled - letter to arrive in mail

09-Sep-2019: Interview letter arrived in the mail! ✉️

17-Oct-2019: Interview scheduled @ local USCIS  

18-Oct-2019: Interview cancelled & notice ordered*

18-Oct-2019: Case was approved! 🎉

22-Oct-2019: Card was mailed to me 📨

23-Oct-2019: Card was picked by USPS 

25-Oct-2019: 10 year GC Card received in mail 📬

 

*I don't understand this status because we DID have an interview!

 

🇺🇸 N-400 Application for Naturalization (Apr 2020-Jun 2021) 🛂

Spoiler

Filed during Covid-19 & moved states 1 month after filing

30-Mar-2020: N-400 early filing window opens!

01-Apr-2020: Filed N-400 online 💻 

02-Apr-2020: NOA 1 - Receipt No. received online 📃

07-Apr-2020: NOA 1 - Receipt No. received via mail

05-May-2020: Moved to another state, filed AR-11 online

05-May-2020: Application transferred to another USCIS field office for review ➡️

15-May-2020: AR-11 request to change address completed

16-Jul-2020: Filed non-receipt inquiry due to never getting confirmation that case was transferred to new field office

15-Oct-2020: Received generic response to non-receipt inquiry, see full response here

10-Feb-2021: Contacted senator's office for help with USCIS

12-Feb-2021: Received canned response from senator's office that case is within processing time 😡

16-Feb-2021: Contacted other senator's office for help with USCIS - still no biometrics

19-Feb-2021: Biometrics reuse notice - canned response from other senator's office 🌐

23-Feb-2021: Interview scheduled - notice to come in the mail

25-Feb-2021: Biometrics reuse notice arrives via mail

01-Mar-2021: Interview notice letter arrives via mail  ✉️ 

29-Mar-2021: Passed interview at local office! Oath Ceremony to be scheduled

13-Apr-2021: Oath Ceremony notice was mailed

04-May-2021: Oath Ceremony scheduled 🎆 Unable to attend due to illness

04-May-2021: Mailed request to reschedule Oath to local office

05-May-2021: "You did not attend your Oath Ceremony" - notice to come in the mail

06-May-2021: Oath Ceremony will be scheduled, date TBA

12-May-2021: Oath Ceremony re-scheduled for June 3rd, then de-scheduled same day 😡 

25-May-2021: New Oath Ceremony notice was mailed

16-Jun-2021: Oath Ceremony scheduled 🎆 - DONE!!

17-Jun-2021: Certificate of Naturalization issued

 

🎆 Members new and old: don't forget to fill in your VJ timeline! 🎇 https://www.visajourney.com/timeline/

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11 hours ago, IrinasMan said:

Also should she say that she's staying with a friend,  or will that make a difference to the border guard z m

She should tell them wherever she is staying. Never lie to anybody in immigration...the consequences are severe. Also, when she says "with a friend", they will probably follow up with "boyfriend?".

Edited by geowrian

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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5 hours ago, JFH said:

I think a good test to make sure you are not being scammed is to suggest to the foreign fiancé that you want to move to their country to live with them. If the reaction is "great! Can't wait to be with you all the time! Let's research what visa you need" then there's a good chance it's genuine. If the reaction is "absolutely not! I am moving to America" then you know where the priorities lie. 

Agreed. I hope for your sake she in genuine, but making sure she is comfortable with you visiting is a good test.   My husband (then boyfriend in the early stages after meeting for only a week) and I were doing long distance, and he didn't even book a flight to move to Australia with me until I'd flown there to meet his family and friends.  Even though I'm not from a scam country, he was cautious, and rightly so.  It's best you are the same.

Now onto your questions...

 

14 hours ago, IrinasMan said:

I have been searching on this forum, and can't quite find my exact situation., so any hrlp would be appreciated.

 

I have met a wonderful Russian woman online. Common story, I know. She already has her B1 visa, and would like to come and stay with me for a few months to see if we click as well in person as we do in video chat. If so, then we will almost certainly get married while she is here. Our plan from there is to have her return to Russia and settle her affairs,  and apply for a CR1 visa. I think we will be following all the correct procedures if we follow this plan, so here are my questions:

 

1) When she arrives, how long should she state as her intended length of stay?

 

2) Will it matter that she will be staying with me, as far as the border guard allowing her to have the full 6 months?

 

3) Can we apply for the CR1 while she is still here, and have it processing while she is back in Russia?

 

If there are any concerns that I should know about, I would rather know now, rather than after she gets here.

 

Thanks is advance for any advice.

1)  She can stay as long as her visa allows. The B1/B2 ensures she's not in the USA more days in the calendar year than she is out of the country... so one day less than 6 months.  Her intended stay should be the date of her return ticket, which she should have a record of printed out with her. 

 

2)  She should be honest, because if she's not and she's detained then it can cause problems later.  Are you actually boyfriend and girlfriend?  If so she should say she's visiting her boyfriend as you're doing long distance.  If you're not yet officially together then she is being honest by saying she's visiting a friend to see America. Immigration may look at the explanations on the system about her previous visits when it gets to the interview stage for her greencard, so she should be honest.  HOWEVER, visiting with intent to get married is fraud as the B1/B2 visa is not for this purpose, she would want a fiancé visa for this.  What reason did she give when she had her interview for her B1/B2?  (I have one so I'm aware of the process)
 

3)  You are best for her not to be in the USA when you get far into the process. The first stage is you petitioning for her to be allowed to apply for a greencard, I don't see any risk in this occurring while she's still there.  But the next stage which is the NVC stage it would probably be advisable to do when she's back home. In saying this ... it'll probably take til then to get to that stage anyway, the first part takes 5-6 months at the moment.

 

All the best!

Got married: 26th Sep 2013 

I-130 Petition Process:

Sent petition to USCIS Chicago lockbox (via in-laws to put check in US$): 11 Mar, 2016

NOA1: 24 Mar, 2016 (email notification 30 Mar. Hardcopy 11 Apr)

Service Centre: NEBRASKA

NOA2: 3rd Aug 2016

Petition sent to NVC: 18th Aug 2016

NVC Stage

Case number assigned: 8th Sep 2016

Paid AOS Fee: 9th Sep 2016

Paid IV Fee: 14th Sep 2016

DS-260 submitted: 25th Jan 2017

AOS & IV Package sent: 25th Jan 2017

Expedite requested: 25th Jan 2017

Expedite approved (consulate only): 1st Feb 2017

Scan Date: 31st Jan 2017

Case Complete: 14th April 2017 (10 weeks 4 days)

Full expedite approved (bypass NVC to send file to embassy), however too late as I already had case complete 17th Apr 2017

Case arrived at Embassy: 21st April 2017

P4 letter received: 26th April 2017 (expedite at embassy stage so this came from the consulate, not NVC)

Medical date: 26th April 2017

Interview date: 4th May 2017 APPROVED!!

Visa received: 8th May 2017 

POE (entered the USA): 15th May 2017 

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