Entered on VWP, got married & went back home.

[Filters 2]

Hello everyone,

 

First of thank you all for this forum. I already learned some things i didnt know about.

 

To my Story:

My Wife (U.S Citizen) & I (Swiss Citizen) are since almost 8 years in a relationship. I go over to visit her every summer and sometimes in winter. Long story short, as often as we can afford. I visited 9 times so far, and this comming winter will be the 10th time. I mostly stay 10 Weeks +/-. Never over 90days.

 

This past summer we got married shortly before i went back to Switzerland. We where thinking thats the right thing to do, and then file CR-1. But after reading here a bit, now im just confused.

 

We didnt send anything in yet, but are filling out i130 & i130a, g1145, & gathering evidence (pictures, tickets & all that).

 

Is this the right thing to do?

Or would it have been better, if i just would have stayed and did AOS?

 

I hope someone of you guys can help me with some advice.

 

Thanks

[milimelo 4,503]

You're out of country so you can only follow CR-1 route. Coming back and attempting AOS would be fraud. 

 

~Moving to CR-1 visa~

Edited September 27, 2017 by milimelo

[geowrian 22,337]

19 minutes ago, Filters said:

Is this the right thing to do?

Yes. Pursue the CR-1/IR-1 visa.

 

Quote

Or would it have been better, if i just would have stayed and did AOS?

Never worry about what could have been. That option is no longer available for you.

Edited September 27, 2017 by geowrian

[Filters 2]

Ok, thank you guys for the quick answers.

 

Another thing about this new 90 days rule you mentioned in another post geowrian.

 

This confused me a bit. Is this something i have to worry about?

 

AOS isn't a visa. It's handled by USCIS. Visas are handled by the embassies, which are under DOS.

 

The new rule regarding preconceived intent is a DOS rule, and is not adopted by USCIS at this time (and doing so would be difficult due to past court cases). Technically, due to this change, going for a CR-1 visa after marrying within 90 days would be more difficult now. Some background info for others not familiar with the change:

http://www.nafsa.org/Professional_Resources/Browse_by_Interest/International_Students_and_Scholars/DOS_Expands_Presumption_of_Misrepresentation_Rule_to_90_Days/

[geowrian 22,337]

Just now, Filters said:

Ok, thank you guys for the quick answers.

 

Another thing about this new 90 days rule you mentioned in another post geowrian.

 

This confused me a bit. Is this something i have to worry about?

The exact guidelines on how this will be implemented are not known yet...my understanding is that it just means the CO at the embassy can consider if you committed misrepresentation at POE by entering with immigrant intent. Unfortunately, I don't have any info on what level of impact it will have.

 

If I was in your shoes, I wouldn't worry about it...being able to consider it is a far stretch from making a misrepresentation. You have visited many times in the past and it doesn't appear that they would have any reason to believe you made a misrepresentation...you're allowed to marry on VWP fine, and spouses usually want to be together in the same country later. There's nothing unusual here IMO.

[R&OC 371]

I would pursue the CR-1 route and settle your affairs within the 12-14 months while its being processed. You can still visit each other if you like.

My husband and I see each other quite a bit (13 trips since January 2016) and so far we didn't have any issues going back and forth.