Sticky Situation with CR1

[greenspurs 0]

My status isn't as clear cut so I was hoping for some feedback:

 

I'm a US citizen thinking about apply for the Cr1 visa for my girlfriend (Taiwan citizen) of 5 years. I've lived in Taiwan for 3 years and moved back to the states the last 2 years.

• She has a 7 year old from a previous marriage that will be living with us.
• She is also 4 months pregnant with our child.

 

Back in March, she and her 7 year old son were visiting me in Los Angeles, but they were detained, denied entry and sent back to Taiwan same day. It was a traumatizing experience, but people have it a lot worse from other countries. The reason why for the denied entry was she and her son used the ESTA visa too often and they were questioning it (she used it about 2 months prior), whether that was the real reason or not, who knows, but that was what they told her.

They also question why her son wasn't in school and asked if she was planning on giving birth and then staying in USA. She admitted yes to it all since we had some text messages/emails about possible getting married this time using the ESTA, which we knew was illegal. They did confiscate her phone as soon as they stopped her. We just talked about it via text/emails, but that was enough for them to threaten her with detention for a longer period of time if she didn't tell the truth.

 

So, they sent them back. I'm not 100% sure if they were deported, because the transcript from the airport did not mention anything about removal or deportation. It just said clearly that she will not be able to use ESTA in the future and that next time she wants to visit, she would have to apply for the non-immigrant/immigrant visa. She did say the customs officer told her to come to the US the right way next time and there wouldn't be any issue. So I'm assuming they are not banned.

 

If you've read this far, thank you. But here are a few questions I have:

 

1. Does her and her son being denied entry with the esta effect our chances with a CR1 visa? Will the denied entry be a reason for them to deny the cr1 visa?

2. I'm choosing the CR1 route mainly because she is pregnant and I feel safer if she gives birth and rest in Taiwan. The extra time of separation isn't great, but we're looking at the long run right now. And once she and her son get the green card, she can work and her son can attend school immediately in the states. Is this the right thinking or do you guys believe the K1 is the right option?

3. Does her 7 year old son follow his mom's status? I know we have to apply for him separately. Also, since my girlfriend's ex is Canadian, her 7 year old son also has a Canadian passport. It's been expired for a few years and never renewed, will this also be an issue?

4. Does the 7 year old son's dad have to give up custody for him to come to the US? He's willing to sign a formal document acknowledging and accepting that his son can and will be living/studying in the US. Giving up custody might be a battle that both sides want to avoid.

5. With our soon to be born son in Taiwan, will this also effect the CR1 process? I've been researching the process to obtain his US passport and it seems straightforward for Taiwan.

 

This is one of the best forums out there on visa immigration information. I hope to be a valid contributor one day. Thanks everyone!

 

Edited June 3, 2019 by greenspurs

[Roel 7,191]

28 minutes ago, greenspurs said:

My status isn't as clear cut so I was hoping for some feedback:

 

I'm a US citizen thinking about apply for the Cr1 visa for my girlfriend (Taiwan citizen) of 5 years. I've lived in Taiwan for 3 years and moved back to the states the last 2 years.

• She has a 7 year old from a previous marriage that will be living with us.
• She is also 4 months pregnant with our child.

 

Back in March, she and her 7 year old son were visiting me in Los Angeles, but they were detained, denied entry and sent back to Taiwan same day. It was a traumatizing experience, but people have it a lot worse from other countries. The reason why for the denied entry was she and her son used the ESTA visa too often and they were questioning it (she used it about 2 months prior), whether that was the real reason or not, who knows, but that was what they told her.

They also question why her son wasn't in school and asked if she was planning on giving birth and then staying in USA. She admitted yes to it all since we had some text messages/emails about possible getting married this time using the ESTA, which we knew was illegal. They did confiscate her phone as soon as they stopped her. We just talked about it via text/emails, but that was enough for them to threaten her with detention for a longer period of time if she didn't tell the truth.

 

So, they sent them back. I'm not 100% sure if they were deported, because the transcript from the airport did not mention anything about removal or deportation. It just said clearly that she will not be able to use ESTA in the future and that next time she wants to visit, she would have to apply for the non-immigrant/immigrant visa. She did say the customs officer told her to come to the US the right way next time and there wouldn't be any issue. So I'm assuming they are not banned.

 

If you've read this far, thank you. But here are a few questions I have:

 

1. Does her and her son being denied entry with the esta effect our chances with a CR1 visa? Will the denied entry be a reason for them to deny the cr1 visa?

No. But if course it has to be mentioned. 

 

 

28 minutes ago, greenspurs said:

2. I'm choosing the CR1 route mainly because she is pregnant and I feel safer if she gives birth and rest in Taiwan. The extra time of separation isn't great, but we're looking at the long run right now. And once she and her son get the green card, she can work and her son can attend school immediately in the states. Is this the right thinking or do you guys believe the K1 is the right option?

Cr1is better usually but that's your choice.

 

28 minutes ago, greenspurs said:

3. Does her 7 year old son follow his mom's status? I know we have to apply for him separately. Also, since my girlfriend's ex is Canadian, her 7 year old son also has a Canadian passport. It's been expired for a few years and never renewed, will this also be an issue?

No.

 

28 minutes ago, greenspurs said:

4. Does the 7 year old son's dad have to give up custody for him to come to the US? He's willing to sign a formal document acknowledging and accepting that his son can and will be living/studying in the US. Giving up custody might be a battle that both sides want to avoid.

No.

 

 

28 minutes ago, greenspurs said:

5. With our soon to be born son in Taiwan, will this also effect the CR1 process? I've been researching the process to obtain his US passport and it seems straightforward for Taiwan.

It won't affect cr1 process.

 

28 minutes ago, greenspurs said:

 

This is one of the best forums out there on visa immigration information. I hope to be a valid contributor one day. Thanks everyone!

 

 

[Daphne . 1,638]

First of all, let's get the semantics out of the way.

It is not illegal to enter the US on the VWP and get married, I have done that too and there is no issue with that in itself. It is illegal to enter the States on the VWP, get married and not leave after that because this would be entering on the VWP with immigrant intent. So it is the 'not going back' part that makes it illegal.

 

I do not have the answers to all your questions, but I am sure other members can chip in..

 

The denied entry will not affect the CR-1 application, you will have to disclose it though.

Whether you want to go the K1 or CR-1 route depends on if you guys get married. If you want to bring your partner to the US to get married there, you file for the K-1. If you marry first, you will have to go the CR-1 route. You can get married anywhere. But I think that your choice for the CR-1 route is the sensible choice.

The child's father does not have to give up custody, but as you already stated, will have to give official consent to the mother to take the child to the States. I also think it would be a good idea for the parents to draw up a good parenting plan, so there will be no confusion there.

 

Good luck on your (long and frustrating ) visa journey!

 

[pushbrk 12,086]

Since she is your "girlfriend", you currently have no options for her US immigration.  She must be either your wife or your fiancee.  Marriage, followed by the CR1 process for her and CR2 for HER son, is probably the best option for exactly the reasons you mentioned.

 

She was "denied entry", not removed or deported.

[greenspurs 0]

Thanks guys! I will proceed with the CR1. Looking forward to going back to get married soon and begin this long journey.

[Scott001 119]

46 minutes ago, greenspurs said:

Thanks guys! I will proceed with the CR1. Looking forward to going back to get married soon and begin this long journey.

Don't forget to get married before filing 😃  

 

Hope everything works out. 

Edited June 3, 2019 by Scott001