Entering US to marry for CR1 questions

[ad8816 32]

Just now, Merlofil said:

Thank you for your answer! So he didn’t state he was there to marry you? He just said visiting and then you got married?

Yep exactly. He just said he was coming to visit his fiance! He had a return ticket for 5 weeks later, so there was no funny business going on, regardless.  If you have any further questions you can PM me!

[Merlofil 5]

10 minutes ago, NJI751 said:

Does the 30-60-90 day rule apply in this case or not?

IT doesn’t as I have no intent to adjust my status while I’m the us. I fully intend on returning home and then applying for CR1

[Merlofil 5]

23 minutes ago, kris&me said:

Since you mention she is from poor family,   the CR1 is definetly the way to go / saves the over $1200 AOS fee

BTW  green card sometimes comes fast but sometimes little slower / ours came in 6 weeks

and you need green card to work

also when interviewing you will need the criminal investigation from both UK (living there) and Italy (as you are Italian citizen)

 

u don't mention her state but if you are close to Canadian border,  she could cross and marry there too

Thank you for your advice! It’s actually an excellent point about Canada as she lives in Michigan. Do you know the process there? Can you get married within a day because as I mentioned she cannot take time off. 

[peachouille 200]

I did exactly what you're planning on doing last summer, and didn't volunteer more than I needed to at the border. I'm a student too btw.

 

I was asked the purpose of my visit, and I said visiting my fiancé which was absolutely true. CBP officer didn't ask more about that, just what I did back home and how long I was planning on staying.

 

Now if he had asked me "are you going to get married while you're here", of couse I would have said yes and explained the plan cause lying would be illegal. 

 

Didn't have any trouble going back for Christmas saying I was visiting my husband. I was asked then if I planned to move to the U.S. and I said that we had filled our petition and I'd be moving after I was done with my studies or after we got the visa, whichever comes last. No problem there either.

 

Good luck!

[Quinton1980 15]

6 hours ago, Merlofil said:

Hey everyone, 

 

I made a similar thread yesterday but received conflicting information therefore I wanted to post again in order to get more opinions!

 

My girlfriend and I (both 23) intend to get married in the US and then apply for the CR1 visa. We need to get married in the US as her family isnt very wealthy and they can't afford to go anywhere for the wedding. My girlfriend also can't go anywhere as she cant take time off work. 

 

My question is as follows, what are the risks of flying in to get married? My intention is obviously to leave and I would have a lease, letters from professors/school stating I need to fly back to complete my masters, return ticket and bank account/phone contract.

 

Thank you!

Fly to the US.  If asked, you are on vacation (it's the truth right?), get married, fly back, apply for CR1.  Italy is part of VWP so get ESTA and fly.  Don't make this complicated.

[Merlofil 5]

36 minutes ago, peachouille said:

I did exactly what you're planning on doing last summer, and didn't volunteer more than I needed to at the border. I'm a student too btw.

 

I was asked the purpose of my visit, and I said visiting my fiancé which was absolutely true. CBP officer didn't ask more about that, just what I did back home and how long I was planning on staying.

 

Now if he had asked me "are you going to get married while you're here", of couse I would have said yes and explained the plan cause lying would be illegal. 

 

Didn't have any trouble going back for Christmas saying I was visiting my husband. I was asked then if I planned to move to the U.S. and I said that we had filled our petition and I'd be moving after I was done with my studies or after we got the visa, whichever comes last. No problem there either.

 

Good luck!

Ok perfect this is the exact type of answer that I was hoping for! So I shouldn’t volunteer that I am getting married but rather only say it if asked directly. I thought that I was supposed to state it once asked for the purpose. Rather I can just say visiting and only add if asked more. Thank you!

[Merlofil 5]

33 minutes ago, Quinton1980 said:

Fly to the US.  If asked, you are on vacation (it's the truth right?), get married, fly back, apply for CR1.  Italy is part of VWP so get ESTA and fly.  Don't make this complicated.

I just didn’t know if withholding the information that I intend to get married would have an effect on the CR1 application.

[Quinton1980 15]

20 minutes ago, Merlofil said:

I just didn’t know if withholding the information that I intend to get married would have an effect on the CR1 application.

Sorry if i sounded cross 

 

Good luck!

[NikLR 13,220]

2 hours ago, Merlofil said:

Thank you for your advise, it actually really helps. The one thing I’m unclear on is if I state I’m visiting my girlfriend, marry and then leave would that be considered visa fraud as I didn’t tell them I was getting married?

No.  Visa fraud is when you enter with intent to stay.  Unlike the UK and some other countries, the USA does not require someone to have a visa just to get married.  The USA is full of destination weddings.  For instance in Colorado you do not even need an officiant.  You can marry yourselves at the DMV!

Edited April 19, 2018 by NikLR

[Elrona 101]

I did that in June last year. Visited on ESTA, got married, left USA and then filed for CR-1. After filing CR-1, I have visited two times successfully (once for 3 months, once for 3 weeks).

 

On the border I didn't tell that I am getting married because they didn't ask that. Just give as much information as you need to, don't have to overload. I think they just asked whether I'm there for business or leisure. I said leisure and they stamped the passport. Of course its good to have all paperwork with you so if they ask, you have it to show to them.

 

And like @NikLR said, its great to get married in Colorado  Don't need an officiant. We just got the paperwork, drove to Breckenridge to a nice spot and signed it there. 

[redvines 57]

It is an offense to lie, so should you be asked directly if you are getting married answer yes and then have all your paperwork tucked away showing you won't stay.

 

However, depending on what you plan to do during your trip visit or holiday may be appropriate answer. Last year when I came to the US (with my fiance at the same time, as we were living in Australia) I answered vacation - which was true, as I had time off work and we were off to Disneyland and New York during our month in the US too. If they had directly asked if I was getting married during my stay the answer would have been yes, but they didn't and we left the country later on and filed.

[Merlofil 5]

4 minutes ago, redvines said:

It is an offense to lie, so should you be asked directly if you are getting married answer yes and then have all your paperwork tucked away showing you won't stay.

 

However, depending on what you plan to do during your trip visit or holiday may be appropriate answer. Last year when I came to the US (with my fiance at the same time, as we were living in Australia) I answered vacation - which was true, as I had time off work and we were off to Disneyland and New York during our month in the US too. If they had directly asked if I was getting married during my stay the answer would have been yes, but they didn't and we left the country later on and filed.

Perfect, thank you! Thats where my misconception was. I assumed that in every case when they asked my plan for the trip I had to say marriage when in reality I can answer visiting and then if asked about marriage answer that I will be. 

[NikLR 13,220]

31 minutes ago, Merlofil said:

Perfect, thank you! Thats where my misconception was. I assumed that in every case when they asked my plan for the trip I had to say marriage when in reality I can answer visiting and then if asked about marriage answer that I will be. 

No this is what I was trying to say.  Answer what they ask.  Don't babble, be concise.  Just answer the question as asked.  

[ms_bobdog 501]

I have always answered 'to visit my boyfriend' or 'to visit my fiance' (the last trip when we had already gotten engaged) and never had a problem. In fact the first time I said 'to visit my boyfriend', the officer was intrigued and asked how we met. I suppose it also helped that I had entered the US multiple times and only stayed 2-3 weeks each time. As advised by others, just be honest.