CR-1 FAQ Question

[mvasantos 67]

Hi everyone! I have a question about the CR1 FAQ as it follows below:

 

"My fiance/fiancee came to the U.S on a tourist visa and we intended to get married and for him/her to return home afterwards and then immigrate from outside the US. Does this mean our petition will be denied, and is what we did illegal??
No. It is perfectly ok to marry in the US on a tourist visa as long as the intending immigrant returns to his/her home country to file the I-130, and does not try to adjust his/her status and remain in the US during the I-130 process, as that is illegal." 

 

So, if I marry my fiance inside the US and after the marriage she files the i-130 and I spend sometime with her, let's say 4months under the B1 visa (not overstaying), that means it's illegal? Or do I really need to leave the US, return to my country, then she starts filing?

 

PS: I do not want to AOS while the I-130 is being processed after the marriage. I just want to stay with her a bit then come back to my country and finish the CR1 process.

 

 

Thanks!!

Edited May 6, 2019 by mvasantos

[Ann&James 179]

8 minutes ago, mvasantos said:

Hi everyone! I have a question about the CR1 FAQ as it follows below:

 

"My fiance/fiancee came to the U.S on a tourist visa and we intended to get married and for him/her to return home afterwards and then immigrate from outside the US. Does this mean our petition will be denied, and is what we did illegal??
No. It is perfectly ok to marry in the US on a tourist visa as long as the intending immigrant returns to his/her home country to file the I-130, and does not try to adjust his/her status and remain in the US during the I-130 process, as that is illegal." 

 

So, if I marry my fiance inside the US and after the marriage she files the i-130 and I spend sometime with her, let's say 4months under the B1 visa (not overstaying), that means it's illegal? Or do I really need to leave the US, return to my country, then she starts filing?

 

PS: I do not want to AOS while the I-130 is being processed after the marriage. I just want to stay with her a bit then come back to my country and finish the CR1 process.

 

 

Thanks!!

This is quite ok, once you do not overstay the time that was given to you by the CBP officer at the time of entry.

[DGF 730]

There is some risk with applying while the beneficiary is still in the US as USCIS might accidentally count it as an AOS case in which you'd have to either contact USCIS to get the petition type changed from AOS to consular processing, or fill out a form that effectively does the same (which I've heard around here is currently taking 11 months to process). That being said, there is nothing illegal about what you are planning to do. 

Edited May 6, 2019 by DGF
spelling

[mvasantos 67]

Just now, DGF said:

There is some risk with applying while the beneficiary is still in the US as USCIS might accidentally count is as an AOS case in which you'd have to either contact USCIS to get the petition type changed from AOS to consular processing, or fill out a form that effectively does the same (which I've heard around here is currently taking 11 months to process). That being said, there is nothing illegal about what you are planning to do. 

Hi DGF!

 

How can they count it as a AOS? They would check my i-94? Wouldn't the cover letter be enough to show that we're applying for the CR?1? 

 

Where did you see that form and about the 11 months?

 

Thanks!

[p-ana 933]

10 minutes ago, DGF said:

There is some risk with applying while the beneficiary is still in the US as USCIS might accidentally count it as an AOS case in which you'd have to either contact USCIS to get the petition type changed from AOS to consular processing, or fill out a form that effectively does the same (which I've heard around here is currently taking 11 months to process). That being said, there is nothing illegal about what you are planning to do. 

It can’t count as AOS since that would need a i485 to be filed as well and OP can’t do that since he’s entering on a tourist visa. 

[p-ana 933]

41 minutes ago, mvasantos said:

Hi everyone! I have a question about the CR1 FAQ as it follows below:

 

"My fiance/fiancee came to the U.S on a tourist visa and we intended to get married and for him/her to return home afterwards and then immigrate from outside the US. Does this mean our petition will be denied, and is what we did illegal??
No. It is perfectly ok to marry in the US on a tourist visa as long as the intending immigrant returns to his/her home country to file the I-130, and does not try to adjust his/her status and remain in the US during the I-130 process, as that is illegal." 

 

So, if I marry my fiance inside the US and after the marriage she files the i-130 and I spend sometime with her, let's say 4months under the B1 visa (not overstaying), that means it's illegal? Or do I really need to leave the US, return to my country, then she starts filing?

 

PS: I do not want to AOS while the I-130 is being processed after the marriage. I just want to stay with her a bit then come back to my country and finish the CR1 process.

 

 

Thanks!!

It’s perfectly fine to enter the US with a tourist visa and get married THEN leave. You can file the petition while still visiting, no problem.

 

just make sure you to tell the truth if asked.

[mvasantos 67]

Just now, p-ana said:

It can’t count as AOS since that would need a i485 to be filed as well and OP can’t do that since he’s entering on a tourist visa. 

Hi Ana!

 

Yes! I'm not filing anything else besides i-130.

 

Thanks for you answer!

[pushbrk 12,083]

4 minutes ago, p-ana said:

It can’t count as AOS since that would need a i485 to be filed as well and OP can’t do that since he’s entering on a tourist visa. 

Ultimately, that is correct.  However, we are talking about a USCIS mistake, and sometimes a petitioner mistake in completing the I-130.  There's a section that asks where the foreigner will adjust status and if they are not adjusting status, which consulate will they use to apply for the visa.  Sometimes this set of questions is misunderstood and answered incorrectly and sometimes USCIS misinterprets the purpose.  

 

No, a cover letter won't guarantee it will even be read.

 

No, filing an I-130 is NOT applying for a visa.

 

The OP's plan is legal and happens often.  Just be careful how you complete the I-130 in the sections mentioned, right after it asks whether the foreigner is currently IN THE US.

6 minutes ago, mvasantos said:

Hi Ana!

 

Yes! I'm not filing anything else besides i-130.

 

Thanks for you answer!

Ana's answer was somewhat misleading.  See above.

 

[DGF 730]

14 minutes ago, mvasantos said:

Hi DGF!

 

How can they count it as a AOS? They would check my i-94? Wouldn't the cover letter be enough to show that we're applying for the CR?1? 

 

Where did you see that form and about the 11 months?

 

Thanks!

I don't know how they make the mistake but I know that the general advice around here is to avoid filing while in the US, such as in this thread. 

The post where I saw the information about the form is here:

 

[pushbrk 12,083]

4 minutes ago, DGF said:

I don't know how they make the mistake but I know that the general advice around here is to avoid filing while in the US, such as in this thread. 

The post where I saw the information about the form is here:

 

Yes, it happens, but we usually have a hard time determining whose fault it actually was.  I advise people if they are within a couple weeks of filing, to wait.  I would not advise anybody to wait four months.  It's a relatively low risk if the petition is filed correctly.

[Lil bear 3,831]

You have received the same answers and information on another thread you started recently. The information hasn’t and won’t change. 😬

[DGF 730]

2 minutes ago, pushbrk said:

Yes, it happens, but we usually have a hard time determining whose fault it actually was.  I advise people if they are within a couple weeks of filing, to wait.  I would not advise anybody to wait four months.  It's a relatively low risk if the petition is filed correctly.

That's fair. I just wanted to bring to OPs attention that there is a chance of it happening (although that risk seems much smaller than I previously thought). My post probably wasn't worded as well as it could have been, but hopefully they'll be extra careful when they fill out the relevant sections now! 

[treppenwitz 78]

1 hour ago, DGF said:

I don't know how they make the mistake but I know that the general advice around here is to avoid filing while in the US, such as in this thread. 

The post where I saw the information about the form is here:

 

In that case it was resolved by speaking to a Tier 2 officer:

[Just giving OP the complete picture]