Visiting on an ESTA whilst CR1 in progress

[Zoeeeeeee 795]

Hi everyone, hoping you can shed some light on a query I have.

 

So, first of all, this question doesn’t relate to me or my fiancé, lest my profile info or timeline cause confusion! We applied for a K1 visa last year, the process of which I’m fairly comfortable and confident with.

 

We have a friend out here in California (I’m currently visiting my fiancé) who is looking into the CR1/K1 process for him and his English girlfriend. I’ve given them an outline of the two and they’re veering more towards the CR1, as it doesn’t prohibit you from travelling/working when you first arrive in the US, unlike the K1.

 

The one question they have that I was unsure of the answer for, was around visiting whilst awaiting a CR1...

 

So, to my understanding, if they’re married in in another country and then apply for a CR1, she will be fine to continue visiting him on an ESTA, until the CR1 is approved.

 

I also believe that if they get married here in the US, and she returns home afterwards, without overstaying on her ESTA, again, she will be fine to continue visiting on ESTAs whilst they await the CR1 being granted... HOWEVER! This is the part that I wanted to double check, as I remember seeing a while back someone saying that their brother had married whilst in America on an ESTA, but hadn’t been able to visit whilst they awaited the CR1...because they hadn’t filed a particular form before leaving the country?

 

So, I wanted double check whether there is a form that needs to be filed straight after being married (outside of the marriage certificate, which obviously needs to be filed for) whilst on an ESTA (and if so, what the form is)...or was the poster of the comment I saw perhaps confused...and the actual reason for not being allowed to visit due to overstaying or something like that?

 

Thanks in advance 🙂.

 

Zoë

[Crazy Cat 39,261]

10 minutes ago, Zoeeeeeee said:

So, to my understanding, if they’re married in in another country and then apply for a CR1, she will be fine to continue visiting him on an ESTA, until the CR1 is approved.

Correct....As always, it is the responsibility of the visitor to convince the CBP officer that she will return to her country before the end of the authorized stay.  Numerous posters here have continued to visit during the CR-1 process.

 

No extra forms are required.

Edited April 8, 2019 by missileman

[geowrian 22,335]

No, no form needs to be filed. They can continue to visit - subject to CBP inspection as always.

 

I'm assuming the other case mentioned decided to marry and then stay (via AOS). In that case, they cannot travel abroad without AP first, or else abandon the AOS application.

 

But that doesn't apply to your friend's case anyway. They cannot enter via the VWP with intent to stay anyway. They can marry, return prior to the 90 day stay granted, and visit again. Just don't spend too much time in the US that it makes it appear that one is living in the US....you can be denied entry for that still.

[Zoeeeeeee 795]

59 minutes ago, missileman said:

Correct....As always, it is the responsibility of the visitor to convince the CBP officer that she will return to her country before the end of the authorized stay.  Numerous posters here have continued to visit during the CR-1 process.

 

No extra forms are required.

Fab, thanks @missileman - it was actually due to your posts comparing the pros and cons of K1 vs CR1, that I was able to advise my friend (and that’s what’s encouraged them towards the CR1).

1 hour ago, geowrian said:

No, no form needs to be filed. They can continue to visit - subject to CBP inspection as always.

 

I'm assuming the other case mentioned decided to marry and then stay (via AOS). In that case, they cannot travel abroad without AP first, or else abandon the AOS application.

 

But that doesn't apply to your friend's case anyway. They cannot enter via the VWP with intent to stay anyway. They can marry, return prior to the 90 day stay granted, and visit again. Just don't spend too much time in the US that it makes it appear that one is living in the US....you can be denied entry for that still.

Brilliant, thank you @geowrian - it makes perfect sense the way you’ve described it! Much appreciated.

[Wuozopo 4,285]

2 hours ago, Zoeeeeeee said:

HOWEVER! This is the part that I wanted to double check, as I remember seeing a while back someone saying that their brother had married whilst in America on an ESTA, but hadn’t been able to visit whilst they awaited the CR1...because they hadn’t filed a particular form before leaving the country?

I read that post and I think that guy was just totally mixed up on the events that happened or his brother who married in the US was mixed up if that was the info he relayed. I would ignore that particular story.

[Zoeeeeeee 795]

8 hours ago, Wuozopo said:

I read that post and I think that guy was just totally mixed up on the events that happened or his brother who married in the US was mixed up if that was the info he relayed. I would ignore that particular story.

Yep, I had that impression too (the story didn’t make much sense, so assumed it was a convoluted version), but thought it’d be best to double check, as I haven’t researched CR1s (unlike K1s, where I obsessively read every post relating to them 😉)!  

[millefleur 5,035]

**Moved from IR-1 / CR-1 Spouse Visa Case Filing and Progress Reports to Working & Traveling During US Immigration; topic is travel**