Getting married in US

[kenshin02 7]

My fiancee and I have been together for 2 years and we were planning to get married in the Philippines last month so I can start on getting her a spouse visa. But due to COVID-19, my trip got cancelled. My fiancee currently holds a 10-Year multiple B1 B2 US visa. Would it be OK if she can just come in the US, and get married here instead? She can just come back in the Philippines after our civil wedding, then wait there until her spouse visa gets approved. Please advise. Thank you.

[geowrian 22,336]

Yes, coming to get married then returning home to complete the visa process is allowed. Every entry is subject to CBP inspection still.

 

That said...the DOS has a worldwide level 4 travel advisory due to COVID-19. It is not advised to travel internationally. The same issue you had with the flight getting cancelled might happen in the opposite direction.

Not saying don't do it as that's your decision to make, but now is really not the best time IMHO.

 

Option 2 is a K-1 (fiance/fiancee) visa. That lets you marry in the US and then do AOS to get a green card. The main drawback is the inability to work or travel internationally (and return) for several months after arrival in the US (whereas a spousal visa lets you work and travel from day 1 of entry).

[HRQX 4,145]

23 minutes ago, kenshin02 said:

Would it be OK if she can just come in the US, and get married here instead?

Yes

 

[kenshin02 7]

2 hours ago, geowrian said:

Yes, coming to get married then returning home to complete the visa process is allowed. Every entry is subject to CBP inspection still.

 

That said...the DOS has a worldwide level 4 travel advisory due to COVID-19. It is not advised to travel internationally. The same issue you had with the flight getting cancelled might happen in the opposite direction.

Not saying don't do it as that's your decision to make, but now is really not the best time IMHO.

 

Option 2 is a K-1 (fiance/fiancee) visa. That lets you marry in the US and then do AOS to get a green card. The main drawback is the inability to work or travel internationally (and return) for several months after arrival in the US (whereas a spousal visa lets you work and travel from day 1 of entry).

Thank you for your response! What will she say to CBP at the airport upon entry? Is it safe to say that we will be getting married and she doesn't intend to overstay?

 

I had thought on considering Option 2 (K-1 visa), but as you said, she won't be able to work for several months. Yes, I would have to wait until DOS lifts the worldwide level 4 travel advisory.

2 hours ago, HRQX said:

Yes

 

Thank you for the information! This is very helpful.

[SalishSea 16,963]

17 hours ago, kenshin02 said:

Thank you for your response! What will she say to CBP at the airport upon entry? Is it safe to say that we will be getting married and she doesn't intend to overstay?

She must tell the truth for any questions about her plans while in the US.

[Nat&Amy 623]

21 hours ago, kenshin02 said:

Thank you for your response! What will she say to CBP at the airport upon entry? Is it safe to say that we will be getting married and she doesn't intend to overstay?

Also, note that there is an increasing number of people who have entered the US in the past few months to visit and then AoS claiming to be unable or unwilling to return to their home country due to the current health crisis. I would expect more scrutiny from CBP officers, so make sure she travels with plenty of solid evidence that she has stronger reasons to return home than to stay in the US with you given the current circumstances. Just saying "I'm not planning to overstay" is not enough, even because I'm still to meet anyone who had "planned" to overstay, in the first place.

Edited May 17, 2020 by Nat&Amy

[JFH 12,189]

On 5/16/2020 at 7:07 PM, Nat&Amy said:

Also, note that there is an increasing number of people who have entered the US in the past few months to visit and then AoS claiming to be unable or unwilling to return to their home country due to the current health crisis. I would expect more scrutiny from CBP officers, so make sure she travels with plenty of solid evidence that she has stronger reasons to return home than to stay in the US with you given the current circumstances. Just saying "I'm not planning to overstay" is not enough, even because I'm still to meet anyone who had "planned" to overstay, in the first place.

Very good point. I would expect a whole new level of scrutiny at the border with questions regarding sufficient funds to potentially buy new plane tickets home in case the flight already booked is cancelled or the airline collapses. Also the question of finances - does the visitor have a secure job to return to, how will they fund a (potentially) extended stay if flights home are cancelled? How will they fund hospital treatment if they should become very sick and require an ICU stay? Questions one should be asking oneself anyway when choosing to enter a country with over a million “reported” cases of COVID-19.

 

Promising to not overstay is worthless. Not one person who did overstay ever admitted that they planned to. They all promised to leave on time when asked at the border (otherwise they would have got no further and wouldn’t be here to tell the AOS tale). 

[sunshinedaisies 4]

On 5/15/2020 at 9:59 PM, kenshin02 said:

Thank you for your response! What will she say to CBP at the airport upon entry? Is it safe to say that we will be getting married and she doesn't intend to overstay?

 

I had thought on considering Option 2 (K-1 visa), but as you said, she won't be able to work for several months. Yes, I would have to wait until DOS lifts the worldwide level 4 travel advisory.

Thank you for the information! This is very helpful.

i travelled alone and arrived in the US last january 2020 to visit family and my boyfriend. we got engaged the day after i arrived in the US. we were planning on getting married in my home country too. but COVID-19 happened and my return flight got cancelled in the process. considering all the pros and cons of going overstaying and applying for an extension of stay, we decided to get married. we got married march 11, 2020 right before all the government offfices closed. we then went to an immigration expert to help us process my adjustment of status. 

 

yes, AoS requires me to stay at home and not work for almost a year (hoping it doesn't get delayed) but with the current situation right now, i guess doing AoS was the best choice for us. 

[HRQX 4,145]

16 minutes ago, sunshinedaisies said:

but with the current situation right now, i guess doing AoS was the best choice for us. 

Note that if OP's fiancee is still outside the US, then we can't recommend using B-2 with preconceived intent to AOS.

[sunshinedaisies 4]

2 minutes ago, HRQX said:

Note that if OP's fiancee is still outside the US, then we can't recommend using B-2 with preconceived intent to AOS.

true. i kind of forgot about that detail.

[kenshin02 7]

Hi All,

My fiancée and I will finally get married this coming New Year! My question is, is it better for her to retain her last name or can she follow my last name? Does it matter when I file her CR-1? Thanks!

[SusieQQQ 11,585]

55 minutes ago, kenshin02 said:

Hi All,

My fiancée and I will finally get married this coming New Year! My question is, is it better for her to retain her last name or can she follow my last name? Does it matter when I file her CR-1? Thanks!

Whatever she prefers. 

[Chancy 6,233]

3 hours ago, kenshin02 said:

My fiancée and I will finally get married this coming New Year! My question is, is it better for her to retain her last name or can she follow my last name? Does it matter when I file her CR-1? Thanks!

 

Congrats on the wedding!  Whichever name your fiancee decides on after the wedding will not affect the embassy's CR1 decision.

 

Note that if she prefers to legally adopt her married name, be sure to send in your application for Report of Marriage (ROM) to the Philippine consulate that has jurisdiction for the state where you will get married.  You need to get the co-signed forms notarized, so work on the application while you are together in the US.  Without the ROM, she will not be able to get a passport with her married name, which means her CR1 visa and green card will have her maiden name.

 

According to DFA, because of COVID delays, the ROM process could take around 6 months or more.  Add the 4 months it takes now to renew a passport (if she applies in Metro Manila).  So if she wants to change her name in time for her CR1 interview, send in your ROM application soon after you get your marriage certificate.

 

[kenshin02 7]

On 12/28/2020 at 3:45 AM, Chancy said:

 

Congrats on the wedding!  Whichever name your fiancee decides on after the wedding will not affect the embassy's CR1 decision.

 

Note that if she prefers to legally adopt her married name, be sure to send in your application for Report of Marriage (ROM) to the Philippine consulate that has jurisdiction for the state where you will get married.  You need to get the co-signed forms notarized, so work on the application while you are together in the US.  Without the ROM, she will not be able to get a passport with her married name, which means her CR1 visa and green card will have her maiden name.

 

According to DFA, because of COVID delays, the ROM process could take around 6 months or more.  Add the 4 months it takes now to renew a passport (if she applies in Metro Manila).  So if she wants to change her name in time for her CR1 interview, send in your ROM application soon after you get your marriage certificate.

 

Thank you for your response! We decided to just use her maiden name for now. 

[kenshin02 7]

I am now in the process of filling out I-130 online. I already received our US Marriage Certificate. Under the evidence section, do I need to produce "Additional proof of marriage" (e.g. Affidavits sworn to or affirmed by third parties having personal knowledge of the bona fides of the marital relationship; Documentation showing that you and your spouse have combined your financial resources.. etc).