B tourist visa while married to a US citizen possible?

[my_gf_wants_cr1 13]

54 minutes ago, Mike E said:

So IOW you  would not get married unless you knew the CR-1 would be approved.  
 

That doesn’t seem like a bonafide relationship from  the perspective  of immigration. 
 

To answer your “what if” question: you have a spouse then.  You can

 

1. do a  long distance marriage

 

2. return to Israel to live with your spouse. 
 

3. divorce. 

Thanks, you specifically said " from  the perspective  of immigration. " which I guess I agree.

In our eyes (me and my partner) we just don't agree with the whole marriage thing in general, and we said several time that the only reason we'd marry is for bureaucracy, which is this.

So obviously we wouldn't marry if it not for the CR-1 requirement, if we could have a marriage-less relationship and move we would not hesitate to do it.

OF COURSE, this is our view, and immigration's view is totally different. I get it.

Your what if answers are sad but I guess that's what we have to live with.

[Mike E 11,752]

23 minutes ago, my_gf_wants_cr1 said:

Thanks, you specifically said " from  the perspective  of immigration. " which I guess I agree.

In our eyes (me and my partner) we just don't agree with the whole marriage thing in general, and we said several time that the only reason we'd marry is for bureaucracy, which is this.

So obviously we wouldn't marry if it not for the CR-1 requirement, if we could have a marriage-less relationship and move we would not hesitate to do it.

OF COURSE, this is our view, and immigration's view is totally different. I get it.

Your what if answers are sad but I guess that's what we have to live with.

Looks like a clear cut case of marrying a US citizen for the sole purpose  of obtaining  an immigration benefit, but IANAL 
 

I think you need an experienced and competent immigration attorney who is both a member of a state bar and listed in https://www.ailalawyer.com/

 

 

 

 

 

 

[my_gf_wants_cr1 13]

11 minutes ago, Mike E said:

Looks like a clear cut case of marrying a US citizen for the sole purpose  of obtaining  an immigration benefit, but IANAL 
 

I think you need an experienced and competent immigration attorney who is both a member of a state bar and listed in https://www.ailalawyer.com/

 

 

 

 

 

 

No idea why would you say that like that? What reason would I have to lie here?

We have been together for 5 years, and I have a job offer which would require me to move to the US.

I want my long-term GF with me, and if that means marrying her and getting a CR-1, so be it.

 

OBVIOUSLY, we marry for the purpose of her getting a CR-1; but its a requirement for us to go together, like we have been for 5 years.

 

It's not like I am getting her a CR-1 and after 5 years I am like "here is your GC have fun bye".

No, we will still be together, of course.

 

You saying what you are saying is making it sound like I am knowingly trying to get her a CR-1 for immigration benefit, disregarding our entire 5-year relationship, while ignoring my previous comments.

It also makes me, who is only asking here for help, sound like I am fooling VJ helpers here...what reason would I have to do that?

 

Unless of course you are playing devil's advocate of "this is what immigration would say".

[millefleur 5,052]

2 hours ago, my_gf_wants_cr1 said:

OBVIOUSLY, we marry for the purpose of her getting a CR-1; but its a requirement for us to go together, like we have been for 5 years.

I just want to say that tons of applicants get married and then file the I-130 same day or next day, it's not that strange. USCIS knows that marriage is not super cool anymore and it varies from country to country and person to person how they "celebrate" the marriage, a lot of couples probably wouldn't do it unless it had some practical reason (like immigration.) What they want to see is bona fide proof of marriage, i.e. relationship.

 

I think there's nothing to worry about in terms of getting your CR-1 approved as long as you have good proof of your 5 years together. It seems more like your struggle is if you really want to move to the US. You're weighing up moving there for a job vs. maybe just visiting. I understand that, but unfortunately with US immigration laws, you have to make the jump and go with one or the other. CR-1 is for living in the US permanently, B visitor visa or VWP is for short term visits to the US only, it's not an immigrant visa. There's really no in between with our laws, sadly.

Edited December 25, 2021 by millefleur

[my_gf_wants_cr1 13]

4 minutes ago, millefleur said:

I just want to say that tons of applicants get married and then file the I-130 same day or next day, it's not that strange. USCIS knows that marriage is not super cool anymore and it varies from country to country and person to person how they "celebrate" the marriage, a lot of couples probably wouldn't do it unless it had some practical reason (like immigration.) What they want to see is bona fide proof of marriage, i.e. relationship.

 

I think there's nothing to worry about in terms of getting your CR-1 approved as long as you have good proof of your 5 years together. It seems more like your struggle is if you really want to move to the US. You're weighing up moving there for a job vs. maybe just visiting. I understand that, but unfortunately with US immigration laws, you have to make the jump and go with one or the other. CR-1 is for living in the US permanently, B visitor visa or VWP is for short term visits to the US only, it's not an immigrant visa. There's really no in between with our laws, sadly.

Appreciate you taking the time to read into the situation (honest!).

As for the 1st paragraph - you are spot on with what I think, and what you wrote is how I understood the situation; I am not sure why Mike E says otherwise (as if we are doing it purely to get her a GC).

 

As for me weighing things - I don't, at all. I want her to move with me; here are the scenarios as I see them:

1- We get married and manage to get her the CR-1 expedited and all goes well; this is the best case scenario - we will move to the US together and hopefully she likes it there.

2- We get married, apply for expedite process (however it's done, I plan to mail the embassy the job offer + employer letter) - but expedite process request is denied - in this case, we know that even if she does get her CR-1 (which we didn't apply for yet), she will only be able to join me MUCH later on; furthermore, her chances of getting a B2 are now 0 instead of slim, because not only she is married to me - she also has a CR-1 application on record.

3- We get married, apply for CR-1 expedite which goes through, but then the CR-1 is denied; basically same as (2).

 

Due to scenarios 2 or 3, I keep thinking "maybe we should just call it off, have her apply for B2, so she can at the very least visit with me sometime, then get married, and when I get another job offer maybe apply for a CR-1 properly".

This is the only weighing I am doing; nothing to do with "moving for a job vs visiting" - we both really want to move for a job.

The only weighing I am really doing are the odds .

[millefleur 5,052]

22 minutes ago, my_gf_wants_cr1 said:

Due to scenarios 2 or 3, I keep thinking "maybe we should just call it off, have her apply for B2, so she can at the very least visit with me sometime, then get married, and when I get another job offer maybe apply for a CR-1 properly".

Ah, got it, I understand better now. I see a more positive scenario, even if the expediting processing/DCF is denied: you can both still just continue living abroad together until she gets the visa in her passport, then you can make the big move then. A lot of people don't have that option and have to wait out the whole CR-1 process apart. Only negative is you'd probably have to pass up your job offer and wait for another one closer to when she gets the visa.

 

26 minutes ago, my_gf_wants_cr1 said:

The only weighing I am really doing are the odds .

I would say odds of CR-1 approval are extremely high. Odds of B: harder to call, Israel has a good approval rate but relationship with USC complicates it. Off the top of my head, I'd say 50/50 for an approval if she has strong ties to home. The bigger problem with the B visa right now is the huge wait time, doesn't seem worth it to wait that long just to get a B interview that she could be rejected from anyway.

[my_gf_wants_cr1 13]

9 hours ago, millefleur said:

Ah, got it, I understand better now. I see a more positive scenario, even if the expediting processing/DCF is denied: you can both still just continue living abroad together until she gets the visa in her passport, then you can make the big move then. A lot of people don't have that option and have to wait out the whole CR-1 process apart. Only negative is you'd probably have to pass up your job offer and wait for another one closer to when she gets the visa.

 

I would say odds of CR-1 approval are extremely high. Odds of B: harder to call, Israel has a good approval rate but relationship with USC complicates it. Off the top of my head, I'd say 50/50 for an approval if she has strong ties to home. The bigger problem with the B visa right now is the huge wait time, doesn't seem worth it to wait that long just to get a B interview that she could be rejected from anyway.

Exactly. We are aware of the timing constraints, in case my company's expedite request falls apart.

 

Again, thanks. I am aware I am making this more complicated than it is, but considering the huge amount of bureaucracy, people here are really helpful.