Visitor visa - Getting married in the US?

[devusr 40]

We're trying to meet in the Bahamas soon to marry and right now all of the routes have a connecting flight in the US.

 

I have the following questions:

1) If she has to get a transit visa for a connecting flight and it gets denied for some reason, will it affect our future filing of a CR-1?

 

2) If she get's a visitor visa to the US instead of going to the bahamas and we marry in the US and then she leaves before the end of the visa expire date, will it cause problems with filing a CR-1?

 

[Babu Frik 1,162]

1) no

2) this has been asked lots of time if you search, no

[Chancy 6,233]

9 minutes ago, devusr said:

1) If she has to get a transit visa for a connecting flight and it gets denied for some reason, will it affect our future filing of a CR-1?

 

No impact on future CR1.

 

In my opinion, there's not much point in applying for a transit visa.  Applicant still needs to overcome the presumption of immigrant intent, which is the hard part.  Same with applying for a tourist visa.  So just apply for a tourist visa.

 

13 minutes ago, devusr said:

2) If she get's a visitor visa to the US instead of going to the bahamas and we marry in the US and then she leaves before the end of the visa expire date, will it cause problems with filing a CR-1?

 

No issue with marrying and leaving, then pursuing CR1.  (I did this.)

 

By the way, tourist visas could be valid for up to 10 years.  Your fiancee cannot stay in the US for that long!  She must leave before the expiration of her I-94, not her tourist visa.  I-94 expiration date is determined at the point of entry.  By default, it's 6 months for B1/B2 entry, but it could be as short as 1 day, depending on what CBP decides.

 

[Dashinka 23,211]

I agree

 

1) No

2) No, plenty of folks come to the US to get married and leave to file for the CR1 later.  Not everyone can pick up their entire life at the drop of a hat and move across international borders.

 

Good Luck!

[devusr 40]

I thought I read somewhere there were some dates that we have to be careful of....such as getting married too soon after arriving to the US. Is there such a thing?

[Chancy 6,233]

6 minutes ago, devusr said:

I thought I read somewhere there were some dates that we have to be careful of....such as getting married too soon after arriving to the US. Is there such a thing?

 

Nope.  I got married 3 weeks after arriving in the US.  Then I left around a month after my wedding.  No problem (except for being sad about leaving my spouse).

 

[HRQX 4,145]

On 10/20/2020 at 10:53 AM, devusr said:

such as getting married too soon after arriving to the US. Is there such a thing?

No such thing: "Arrived on a Tuesday, got the license on the Wednesday, married on the Saturday (our state has a three-day waiting period), returned to the U.K. the following Tuesday."

The following embassy page states it clearly: https://uk.usembassy.gov/visas/immigrant-visa-faqs/

We are traveling to the United States to marry and will return to the United Kingdom after marriage. Do I still need a fiancé(e) visa?

If you will return to your permanent residence you may apply for a tourist B-2 visa, or if eligible, travel visa free under the Visa Waiver Program.  At the time you apply for the visa and/or travel to the United States you will be required to show that you have a residence outside the United States that you do not intend to abandon. There is no set form that this evidence takes as it varies with each person’s circumstances.

[devusr 40]

What about this? https://www.boundless.com/immigration-resources/90-day-rule-explained/

 

 

https://www.nolo.com/legal-encyclopedia/free-books/fiance-marriage-visa-book/chapter1-5.html

[HRQX 4,145]

5 hours ago, devusr said:

What about this? https://www.boundless.com/immigration-resources/90-day-rule-explained/

That link is full of misinformation. Straight from USCIS: "Although referred to by DOS as a “rule” in its Foreign Affairs Manual (FAM), the 90-day rule is not a regulation." https://www.uscis.gov/policy-manual/volume-8-part-j-chapter-3

 

And DOS emphasized that the "inconsistent conduct" is the B visitor actually taking up residence in the US: https://fam.state.gov/fam/09FAM/09FAM030209.html "A nonimmigrant in B status, marrying a United States citizen or lawful permanent resident and taking up residence in the United States. (Note: to establish that an applicant took up residence in the United States before/after marrying a U.S. citizen or LPR, post may take into account whether the applicant signed a long-term lease or obtained a mortgage, bills in the applicant’s name, whether the applicant obtained a local driver’s license, and any other evidence that may support a finding that the applicant took up residence in the United States)"

 

So marrying during a genuine tourist visit is 100% legal.

[Just Paul 4,591]

9 hours ago, devusr said:

What about this? https://www.boundless.com/immigration-resources/90-day-rule-explained/

 

 

https://www.nolo.com/legal-encyclopedia/free-books/fiance-marriage-visa-book/chapter1-5.html

Be wary of sites that ultimately want to sell you a service.   People get married in the US all the time.  It's a "destination wedding".

 

Also note that the 90 day rule inferred to, is for Adjustment of Status, which you wouldn't be here talking since it would be visa fraud to enter the US with the intent to adjust.

[HRQX 4,145]

14 minutes ago, Paul & Mary said:

Also note that the 90 day rule inferred to, is for Adjustment of Status,

That is incorrect. https://www.uscis.gov/policy-manual/volume-8-part-j-chapter-3 "It is DOS guidance to its officers, and as such, the 90-day rule is not binding on USCIS officers."

[pushbrk 12,094]

7 minutes ago, HRQX said:

That is incorrect. https://www.uscis.gov/policy-manual/volume-8-part-j-chapter-3 "It is DOS guidance to its officers, and as such, the 90-day rule is not binding on USCIS officers."

AND, it's not an actual "rule".

 

Your biggest issue is actually GETTING the visa to visit the US.  Depending on country and circumstances, that could be absolutely futile.

 

Which country would she be coming from?  Why are YOU not going to her?

[HRQX 4,145]

3 minutes ago, pushbrk said:

Which country would she be coming from?  Why are YOU not going to her?

See OP's other thread:

The Mods stated to not discuss the logistics of OP going to beneficiary's country any further.

[pushbrk 12,094]

3 minutes ago, HRQX said:

See OP's other thread:

The Mods stated to not discuss the logistics of OP going to beneficiary's country any further.

I see.  Still grasping at straws then.  Sad.

[aaron2020 11,651]

On 10/20/2020 at 10:22 AM, devusr said:

We're trying to meet in the Bahamas soon to marry and right now all of the routes have a connecting flight in the US.

 

I have the following questions:

1) If she has to get a transit visa for a connecting flight and it gets denied for some reason, will it affect our future filing of a CR-1?

 

2) If she get's a visitor visa to the US instead of going to the bahamas and we marry in the US and then she leaves before the end of the visa expire date, will it cause problems with filing a CR-1?

 

With a denied I-129f, her chances of getting a transit visa or a visitor visa are zero.  

Edited October 22, 2020 by aaron2020