IR-1/CR-1 questions but...with a twist

[galileo1 0]

Hello all,

 

I'm new to all of this and so I'd appreciate any help you can provide.

 

I've been reading pretty much all night trying to figure out this Spousal petition thing and although I believe I understand the process of filing an IR-1/CR-1, I have a couple of specific questions I would like some help on.

 

Before I ask the question, however, here's some background:

 

I'm a naturalized U.S. citizen living in the U.S. and have been dating my girlfriend whom is a non-US citizen and resides abroad.  We've known each other since kindergarten but lost touch when I left  our native country (in South America) for the U.S. at 17.  We reconnected more than a year ago and have been at this relationship, seriously, for about a year now.  I've visited my native country 3 times in this last year, staying with her a total of 2 1/2 months.  We have now decided to take the next step and want to marry.  We would like to tie the  knot in July of this year if at all possible.

 

Reading through the many visa options we both figured that the IR-1/CR-1 option is what we want as the K-1 option seems more complex and expensive - if we were to marry "back home."

 

However, my actual questions on this follow a bit of a different path.  Here they are:

 

- If she were to come to the U.S. as a tourist in July, could I then marry her and petition for her while she's here in the U.S? 

- Would she HAVE TO leave the country for me to petition for her using the above visa option? 

- Is there another visa option we could use to pursue this inside the U.S.? 

- What normally happens with people who come here as tourists and for one reason or another find the love of their lives and want to marry inside the U.S. without having to leave?

 

She already has a multiple entry visa that was granted many months ago (she wanted to come sightseeing) but she's never made it.  The thought of having her wait back home for the amount of time it will take to get everything done makes me think of other possibilities.

 

She's set to come here sometime in April JUST TO VISIT (she HAS to return home and go back to work) but if she were to come again as a tourist and, by chance, get married, what are our choices?  Is this even possible?

 

Thanks for any information you can provide.

 

Rob

[geowrian 22,344]

27 minutes ago, galileo1 said:

Reading through the many visa options we both figured that the IR-1/CR-1 option is what we want as the K-1 option seems more complex and expensive - if we were to marry "back home."

I'm not 100% sure what is meant by the bolded text (i.e. who's "home"?). But a K-1 would require marrying in the US within 90 days of entry.

Also, the July timeframe isn't possible with a K-1. Expect 9-12 months at this point for a K-1 (and 12-14 for a CR-1).

 

27 minutes ago, galileo1 said:

- If she were to come to the U.S. as a tourist in July, could I then marry her and petition for her while she's here in the U.S? 

- Would she HAVE TO leave the country for me to petition for her using the above visa option? 

- Is there another visa option we could use to pursue this inside the U.S.? 

- What normally happens with people who come here as tourists and for one reason or another find the love of their lives and want to marry inside the U.S. without having to leave?

Sure, she can visit and marry. You can file for her while she is still in the US.

No, she cannot stay. It is visa fraud to enter the US on a tourist visa with intent to stay / AOS.

No other practical visa option exists. It's K-1 for a fiance (no marriage in July) or CR-1 if you marry. Technically a K-3 exists, but it is obsolete and not worth pursuing anymore. It's only mentioned for completeness here, not a suggestion.

I would suggest focusing on your case, not what-if scenarios that don't apply to you.

 

27 minutes ago, galileo1 said:

She's set to come here sometime in April JUST TO VISIT (she HAS to return home and go back to work) but if she were to come again as a tourist and, by chance, get married, what are our choices?  Is this even possible?

See above. The only realistic, legal option is to file for an I-130 to apply for a CR-1 visa.

 

Edit: What was the "twist"? I think I missed something here.

Edited January 11, 2018 by geowrian

[galileo1 0]

LOL!  Thanks for answering...

 

The twist here is me thinking that she could remain in-country while the process was taking place (with a CR-1 or something similar) instead of going back as you stated.  In other words, I thought why marry "there" and wait a year when we could try and marry "here" and be together while the process was taking place.

 

But I get it.  It can't be done with a CR-1 or K-1 without having her remain "back home" while the process is taking place.

 

And "back home" means where she currently lives...As in not in the U.S.

 

Thanks again.

[geowrian 22,344]

She can visit during the process. She just must return home before her I-94 expires (like any other visitor).

 

The CR-1 visa will grant LPR status upon entry (with the physical green card arriving "shortly" afterwards).

[galileo1 0]

Ooh..So she CAN visit then while the CR-1 process is taking place?  With her current 10-year multiple entry tourist visa?  I thought she wasn't going to be able to until the process completes.  That's good news for sure!!  What would she have to tell the Immigration officer at the airport when she tries to come here after we're married when she wants to visit for a month or so?  Anything specific?

 

Thanks much! Great news!

[geowrian 22,344]

Yup, she is allowed to visit. She may encounter increased scrutiny at POE, so she should carry evidence of her ties to return home. CBP always has final call for a tourist visit. But it's absolutely allowed and people do it regularly. There's nothing specific to tell CBP...just answer the questions asked of her, and be ready to show documents to return home (if requested).

 

Here's a thread on visiting during the process:

 

Edited January 11, 2018 by geowrian

[galileo1 0]

Thank you very much!  Really appreciated.

 

Rob

[pushbrk 13,836]

While visiting the US it is not uncommon for lovers to change their plans, marry and adjust status.  It is the use of the visitor's visa with the intent to marry and adjust status that would be fraudulent.  Plans change for many reasons including surprise proposals, unplanned pregnancies or simply deciding during a visit that they don't want to be separated anymore.