Should we marry in France or in the US to eventually live together in the US?

[LilyJ 1,258]

5 minutes ago, Jorgedig said:

OP could apply for the B visa before doing the petition.  

Yes of course, my point is just that it does not secure entry any more than an ESTA does, and that it is also non-immigrant intent, since the person I quoted was mentioning about an ESTA being non-immigrant intent and the possibility of being denied entry. But it is just as possible to be denied entry with a B as well

[SalishSea 16,884]

2 minutes ago, LilyJ said:

Yes of course, my point is just that it does not secure entry any more than an ESTA does, and that it is also non-immigrant intent, since the person I quoted was mentioning about an ESTA being non-immigrant intent and the possibility of being denied entry. But it is just as possible to be denied entry with a B as well

Right..... What I was specifically addressing was the bit in your post about the unlikelihood of getting a B visa with an immigrant visa pending.

[igoyougoduke 1,614]

28 minutes ago, LilyJ said:

A B visa also is non-immigrant intent. To get a B visa after applying for a CR1 would be a pretty unlikely task vs renewing an ESTA. Not to mention, you are still subject to being pulled aside, rejected entry, and visa revoked with a B visa with weak home country ties, it doesn't guarantee you any more likely entrance into the US. Being pulled aside also does not mean revoked ESTA, being rejected entry does, but that can just as easily happen with a B visa. The problem isn't being vetted or not, it's whether or not the CBP officer is convinced you will return to your home country 

i meant he/she can apply for B1/b2 visa first at the consulate.  Once B1/B2 is issued than apply for CR1. i dont see any issue there.

[LilyJ 1,258]

3 minutes ago, Donald120383 said:

i meant he/she can apply for B1/b2 visa first at the consulate.  Once B1/B2 is issued than apply for CR1. i dont see any issue there.

There is no issue with applying for a B visa first, but you mentioned it being better for entry to the US, however the criteria is still the same for entry, if they feel the ties are not sufficient or that they will not leave the US OP may still be denied entry resulting in the B visa being revoked. Entry on a B visa is no more guaranteed than an ESTA, as it's still up to CBP if they feel they will return back to France or not. That is what my main focus was

[Boiler 43,720]

Getting a B in the OP's situation seems both risky and inappropriate.

 

No noticeable difference between entering on a B or the VWP in this sort of situation.

 

VJ has a mega thread about people entering successfully to visit whilst in process.

[igoyougoduke 1,614]

Just now, LilyJ said:

There is no issue with applying for a B visa first, but you mentioned it being better for entry to the US, however the criteria is still the same for entry, if they feel the ties are not sufficient or that they will not leave the US OP may still be denied entry resulting in the B visa being revoked. Entry on a B visa is no more guaranteed than an ESTA, as it's still up to CBP if they feel they will return back to France or not. That is what my main focus was

considering that you have applied for a visa at the consulate with reason to meet your  future significant other means you have been truthful about your intent to meet your partner. As long as you have spoken the truth i dont see why B1/B2 would be a problem.  Yes the question of intent might come up at CBP but you can always point to the visa application and intent. 

[LilyJ 1,258]

14 minutes ago, Donald120383 said:

considering that you have applied for a visa at the consulate with reason to meet your  future significant other means you have been truthful about your intent to meet your partner. As long as you have spoken the truth i dont see why B1/B2 would be a problem.  Yes the question of intent might come up at CBP but you can always point to the visa application and intent. 

It's not the applying for the B1/B2 that would be the problem, it is that visiting with B1/B2 or with ESTA, is still not guaranteed for entry when arriving in the US, truthful or not. Not having strong ties to the home country is equally an issue when entering the US with both B1/B2 or with ESTA, so neither is "better off" to enter the country with. Just because the consulate has given you a visa, the decision is still up to CBP, so OP having weak ties to France has an equal chance of being an issue at entry regardless of if a B visa or VWP is used to enter. Regardless of if OP decides to renew ESTA or apply for a B1/B2, they must be prepared for a chance of denial of entry either way. You can always point to the visa application regardless of what tourist entry method is used. My husband was only allowed in after he mentioned our CR1 process. However, those with ESTA and those with B1/B2 are at equal chance of denial at the border. Therefore neither is "better" than the other to enter on

Edited December 18, 2019 by LilyJ

[Boiler 43,720]

Difficult to justify a B when you are VWP eligible and the downside of a refusal can be unpleasant.

[geowrian 22,336]

2 hours ago, Donald120383 said:

considering that you have applied for a visa at the consulate with reason to meet your  future significant other means you have been truthful about your intent to meet your partner. As long as you have spoken the truth i dont see why B1/B2 would be a problem.  Yes the question of intent might come up at CBP but you can always point to the visa application and intent. 

Obtaining a B visa is much more difficult than obtaining an ESTA and entering on the VWP. Most VWP-eligible travelers don't realize the general difficulty that non-VWP travels have in obtaining a tourist visa - namely that the presumed immigrant intent as required by by law is not easy to overcome. One would generally need a good explanation why they need a B visa when they can already visit for short periods via the VWP.

 

There is considerabe risk as well - a refused visa requires updating any existing ESTA. Updating the ESTA and declaring the refused visa has a very, very high likelihood of the application being denied (you didn't qualify for the B visa, so presumably you don't qualify for an ESTA for the same reason).

There is a risk of being denied entry with the VWP. The actual refusal rate of VWP travelers is under 1% - far from 0%, but is still quite uncommon so long as you aren't abusing the privilege. There is a much greater risk of trying for a B visa and being refused and then not being able to visit at all.

Edited December 18, 2019 by geowrian

[Agathon 3]

Again, thank you so much for your help and input. This is getting very technical, but I guess that’s part of the process, and there’s no way around it.

 

I read that it was possible to renew an ESTA before it even expires, which means I don’t have to wait until June to renew it. What matters to me the most (whether we decide to get married in France in May and apply for a CR1, OR get married in the US after approval of a K1 visa) is to be able to go back to visit him legally and without any issue, either after starting the K1 process or while waiting for the CR1 approval.

[Duke & Marie 1,389]

12 hours ago, Boiler said:

The process is exactly the same if you marry in France or the US, so whichever makes most sense for other reasons.

 

K1 if for fiancees not those married and would not work well with your work need.

 

You can visit, now working would likely get you into trouble, on the VWP.

 

Marry in May sounds good and then he can file for a CR1 which will lead to an immigrant visa allowing you to move to the US.

 

Excellent guides on here will help you understand the process.

An add on from this... whichever visa you go for, I’d recommend renewing your VWP prior to submitting either of the applications as a precaution, just so you know you’ve got a visa for 2 years to visit etc while it gets processed.. 

[Agathon 3]

Just now, Duke & Marie said:

An add on from this... whichever visa you go for, I’d recommend renewing your VWP prior to submitting either of the applications as a precaution, just so you know you’ve got a visa for 2 years to visit etc while it gets processed.. 

Yes, that was exactly my point. Thanks for confirming. I’m now wondering how early I need to do this, but it’ll all depend on how we decide to proceed with our marriage.

[Duke & Marie 1,389]

3 minutes ago, Agathon said:

Yes, that was exactly my point. Thanks for confirming. I’m now wondering how early I need to do this, but it’ll all depend on how we decide to proceed with our marriage.

 

Vwp application is almost instant on line, so leave it as long as possible before submitting k1/CR1 applications.. 

 

if you choose to marry in may, think name change? If you take husband name, you’ll need to update passport before renewing vwp in new name, prior to submitting CR1 petition 

 

also updating of passport, helps with providing proof of Bonified marriage so is kind of a plus plus.. 

Edited December 18, 2019 by Duke & Marie

[geowrian 22,336]

11 minutes ago, Duke & Marie said:

An add on from this... whichever visa you go for, I’d recommend renewing your VWP prior to submitting either of the applications as a precaution, just so you know you’ve got a visa for 2 years to visit etc while it gets processed.. 

If the visa is refused, the ESTA needs to updated and will almost certainly be denied at that time. So applying/renewing beforehand would have no impact here.

Edit: Possibly retracted - I thought you meant the ESTA, not the CR-1. If CR-1, then no impact to he ESTA (unless that gets denied, but that will be later).

Edited December 18, 2019 by geowrian

[Duke & Marie 1,389]

2 minutes ago, geowrian said:

If the visa is refused, the ESTA needs to updated and will almost certainly be denied at that time. So applying/renewing beforehand would have no impact here.

Agreed, but on CR1 that would likely by 18 mths down the track.. in which case the vwp is getting close to expiry anyways, if initially renewed right after marriage, so definitely makes sense to renew it prior to submitting CR1 petition.. 

 

were at nvc now, I renewed after marriage etc and still have authority to travel until June 2020 so is working out reasonably well timed..