Bring wife to USA to start CR-1 Process

[Nic Miller 0]

My girlfriend (British), and I (American) are planning to get married in South Korea this week. We live here and are leaving within the next month. Is it possible to bring her to the USA and begin the CR-1 process there when we are already married? Would it be better to go to the US and get married there and then begin the Visa process? Option three is to get married here in SK and apply for the CR-1 visa here, and then wait it out and keep working and then head home when the process is finished. I think it would be faster to do the whole process here in South Korea, but she is dying to leave. Thanks for any and all help!!

[xaxa56 3]

Hi! I will get married in the US.  If you do it overseas it will cost more money and take longer to get her adjustment of status.

 

[NigeriaorBust 4,087]

  The only legal option is to wait it out .  It is immigration fraud to enter the US as a non immigrant with the intention of staying.  

[Ontarkie 14,947]

~~One post removed for  TOS Violation - instructing others how to commit immigration fraud and one for quoting. Planning to enter the US with the intent to stay is fraud. Any further comments recommending this will result in suspension.~~

 

-Condone or instruct, either directly or indirectly, others on how to commit fraudulent or illegal immigration activities in any way, shape, manner or method.

 

 

Edited December 4, 2017 by Ontarkie

[SabRob 154]

You can start the process in the US but she can only stay there for as long as her ESTA (assuming she's using ESTA and not a b1/b2 visa) which is 90 days. Then she can return to the UK to wait the rest of the process out and wait for the interview - the entire CR-1 process takes about a year. It's probably best to get married in SK since you might encounter difficulties at the US customs and  border control - even if she is planning to just get married and leave they might still suspect that she might adjust status after you marry in the US. 

 

If you choose to keep working in SK and once she has the CR-1 visa move to the US, make sure you make arrangements for an apartment or a house/car before you actually get there. It's so much easier if one partner is already there and has already established domicile in the US and has a car and a place to stay. 

 

 

[pushbrk 13,611]

Whether you have a car is irrelevant.  A place to stay could be as simple as plans to live with family until job and living quarters of your own are arranged.

[Boiler 47,479]

Could she just go home?

[VisaBound 0]

If its possible for you two to stay in Korea about 8 months longer you should consider DCF processing through the Seoul Embassy.  The process is easier and faster than doing it though NVC in the states.  Of course this is all predicated on you being a work visa holder E-2 or other classification besides tourist class.  When my wife and I did our processing the first time it took us 8 months.  We went slow and careful and had no hassles at all.  

[Nic Miller 0]

If we get married in the states she would go back to England before her visa is up. Would she be able to travel back and forth while we wait for the CR-1 process to finish?

[Binna 108]

2 hours ago, Nic Miller said:

If we get married in the states she would go back to England before her visa is up. Would she be able to travel back and forth while we wait for the CR-1 process to finish?

Yes she definitely can travel back and forth. 

 

While your immigration petition with USCIS (or immigration visa with NVC/Consular) is pending, the spouses of a U.S. citizens or lawful permanent resident may visit the the US as long as they have a valid visitor's visa/ESTA to visit and do not intend to over stay the duration stamped on their passport by the CBP officer at the border or airport passport control desk.