Doubts about the ways I have and which one is best, to get married in America and stay there.

[Helenlc 157]

7 hours ago, NikLR said:

To be honest, i would not try for the B2 visa for 6 months.  Since you're eligible for the VWP use that for up to 90 days at a time instead.  B2 visas are often denied for VWP country citizens and that denial makes you ineligible for the VWP.  Suddenly you'd have zero method of visiting during the long wait. 

 Hubs and I visited every 3 months for about 10 days each time and I had no issues entering. 

One thing... I had a B2 visa and was still eligible for the VWP and visit on my new updated esta... you just have to declare you have had it denied and a little more scrutiny... so this is not exactly true.. unless it has changed since i had my refusal 8 years ago and renewed 2 esta since then 

Edited March 25, 2019 by Helenlc

[aaron2020 11,651]

9 hours ago, Yonna said:

Okay  sorry for the misunderstandings that may have occurred.

 

I had an idea, tell me if it could be possible to achieve. 

 

If I get married in April, then LEAVE. There's not fraud, becauseI'm leaving and I can prove I'm leaving. But in April I could start the CR1. 

 

Then, in summer, could I get a B2 to stay for 6 months at least while the CR1 is processing? 

There is no way you are going to bet a B2 to come live with your husband for 6 months while the CR1 is processing.  That's not the purpose of the B2.  This is not going to happen.  They know that you would not be a tourist.  You would be living with him for 6 months while he goes to work and you live like everyone else who is not on vacation but living as a normal couple.

 

Once the B2 is denied, your VWP privileges goes away.  Thus, you will not be coming to the US during the CR1 process.

 

Accept that separation is part of the immigration process.  If there was a way to avoid this, we would tell you.  Almost everyone here has endured be separated from love ones.  It's the cost of immigrating.  

 

 

Edited March 25, 2019 by aaron2020

[geowrian 22,335]

6 hours ago, Roel said:

As much as everyone is trying to give OP good advice, she seems like a type (impatient, not researching) that will just go there in April and adjust status. All it takes is to lie on the border after all, no one will prove her illegal intent anyway.

On the plus side, immigration officials have been known to pass through VJ.

[carmel34 3,529]

OP, one good piece of advice you have received is that the US citizen you are in love with needs to become VERY familiar with this process, not only you as the beneficiary, as he will be petitioning for you and has a lot of paperwork to complete, documents to gather, very costly fees to pay, evidence to submit. And he needs to understand the time apart and the pros/cons of K-2 vs CR-1.  It's always a red flag when only the foreign beneficiary is the one asking all the questions.

[Shutout 0]

18 hours ago, missileman said:

Every couple has their own priorities, and each couple must decide which visa is better for their situation.

K-1
    Slightly faster arrival in the US (currently about 3 months sooner)    
    More expensive than CR-1    
    Requires Adjustment of Status after marriage (expensive and requires a lot of paperwork)    
    Spouse can not leave the US until she/he receives approved Advance Parole (approx 5-6 months)    
    Spouse can not work until she/he receives EAD (approx 5-6 months)    
    Some people have had problems with driver licenses, Social Security cards, leases, bank account during this period    
    Spouse will not receive Green Card for many months after Adjustment of Status is filed.

  

CR-1
    Slightly slower arrival in the US (currently about 3 months later)

    Less expensive than K-1    
    No Adjustment of Status(I-485, I-131, I-765) required.    
    Spouse can immediately travel outside the US    
    Spouse is authorized to work immediately upon arrival.    
    Spouse receives Social Security Card and Green Card within 2 or 3 weeks after entering the US    
    Opening a bank account, getting a driver's license, etc. are very easily accomplished with GC, SS card, and passport.

    Spouse has legal permanent Resident status IMMEDIATELY upon entry to US.
   

 

While the visas are processing, is the non-US citizen allowed to visit the US on their tourist visa (or at all in general)?

[Roel 7,191]

Just now, Shutout said:

While the visas are processing, is the non-US citizen allowed to visit the US on their tourist visa (or at all in general)?

Like it has been answered MANY MANY MANY MANY times before -

 

YES.

[Crazy Cat 39,195]

Just now, Shutout said:

While the visas are processing, is the non-US citizen allowed to visit the US on their tourist visa (or at all in general)?

Yes........but,as always, it is up to the visitor to convince the CBP Officer of intent to return to his/her country at the end of the short visit.

[Hobidyali 267]

13 hours ago, Cryssiekins said:

People so very frequently mistake the blunt, harsh truths of the US immigration journey for “rudeness”.  

EXACTLY!!!

[Yonna 4]

Gotcha, thanks

 

[Shutout 0]

30 minutes ago, missileman said:

Yes........but,as always, it is up to the visitor to convince the CBP Officer of intent to return to his/her country at the end of the short visit.

Is there a certain limit on the amount of time they can stay (even if the tourist visa allows for more)?

[Yonna 4]

16 hours ago, Lil bear said:

Customs and Border Protection... the people at the airport who decide if you can or cannot enter the USA

 

At least twice as long as you stayed in the US 

Okay yeah,thank you

[Yonna 4]

10 hours ago, geowrian said:

All this is possible.

 

The part about getting a tourist visa is the biggest hurdle. Getting a tourist visa is extremely difficult for somebody with:

1) A USC spouse,

2) A pending I-130 application, and

3) From a VWP country

 

Unlike using the VWP for the 90 day visits, obtaining a tourist visa requires overcoming a presumption of immigrant intent. Showing non-immigrant intent with the items above has nearly 0 change of success. And what strong ties would you have to return home, since you are planning to abandon any such ties in the months afterwards when you immigrate?

 

Ordinarily I would suggest to try it anyway, but not in your case. If you are denied the tourist visa, your ESTA application must be updated to show the denial. This would very, very likely result in the ESTA being revoked. So you would lose your ability to visit at all and have to wait fore the spousal visa.

 

Very high risk + possible loss of any visiting privileges = probably not a good idea.

Stick with the ESTA and visit for up to 90 days at a time. Even then, don't cut it too close to the limit just in case.

Hum, okay. Yeah, it will be better not to risk it. Thanks though. 

[Crazy Cat 39,195]

2 minutes ago, Shutout said:

Is there a certain limit on the amount of time they can stay (even if the tourist visa allows for more)?

There is no specific limit. The limit is whatever the admitting CBP officer decides.........be aware that even those who don't overstay can be seen as trying to "live" in the US without authorization.  Every entry is determined individually by CBP officers. 

[Yonna 4]

8 hours ago, Roel said:

As much as everyone is trying to give OP good advice, she seems like a type (impatient, not researching) that will just go there in April and adjust status. All it takes is to lie on the border after all, no one will prove her illegal intent anyway.

 

She will come back in April asking what AOS is and complaining how long it takes.  😛 she already said she wants to work as soon as possible, so incoming EAD complains. 

Not really, I'm just excited about it. But as much as I would want to stay in April, I have things I need to do first back in my country. My plan isn't stay there once in April. And no, I'm here because I was asking and looking for advice and somebody suggested me this forum. I'm very new in all this things, and I appreciate all the advice. I rather wait a year and see my couple a few weeks every other month, than rushing things and not being able. Sure I would love to be able to be there in June, which is what we planned on doing through a work visa, but we had some doubts about me getting that visa, so we are doing this the long way but the safest one,  I believe.

[Yonna 4]

5 hours ago, Bill & Katya said:

Nothing about immigration is easy as you have been finding out.  You do have an advantage though being from a VWP country where you can visit during the process as long as CBP (Customs and Border Protection) does not think you are abusing it.  In the grand scheme of things, 12-14 months is not a very long time assuming you will be applying for the CR1.

 

Good Luck!

Thank you, and yeah, things never happen how you planned them but it could be worse.