CR-1 pending and travel to USA

[beaver11 0]

Hello, I'm a US citizen and gf is thai citizen. She was initially planning to come visit USA for 6 months but after 3 hours of CBP interrogation, her trip got decreased to 1 month. She mentioned she helped out at a local store a few times her previous visit to the US for little cash which led to CBP reducing her stay. We now plan to get married in USA very soon and she will go back to Thailand. Here are my questions:

 

1) she currently has a tourist B1 visa already. While the CR-1 is pending (i hear it takes a year to year and a half) can she still visit USA for a month with her current tourist Visa? I spoke with a lawyer and he said no.

2) B/c she mentioned that she worked in USA which is not good, does this mean her CR-1 visa has a high chance of getting denied? 

[Loren Y 2,732]

for number 1, since she is on shaky ground with CBP as is, as soon as you file for the CR-1, it is going to show immigrant intent, and chances of here being admitted again go from slim ( as they already don't like her due to admitting work) to none rather quickly. For question number 2 it shouldn't matter because any illegal work is forgiven when you marry a US citizen.

I think you will be fine with the CR-1 route, just if they ask at the interview she has to be truthful about it, because it is already on record with CBP. But I don't think it will be an issue at all.

[beaver11 0]

Thank you so much! I just find it odd that they even let her in USA. 

 

regarding your response to my question #1, you said us getting married and applying for CR-1 would show "immigrant intent." I don't see what the issue is if we get married in USA but she goes home to Thailand. I thought the problem was if you come here on a tourist visa, file for "adjustment of status" and try to stay in the USA.

[Bajinga 136]

if she already admitted to working on a previous visit, chances of her being admitted the next time on a tourist visa are very very slim. I am actually surprised they only reduced her visit the last time. that is highly unusual, the usual outcome under such scenarios is that the tourist visa will be cancelled, person will not be admitted and sent home on the next flight.

[Boiler 43,433]

This is a new one, I have never seen anybody in such a situation be admitted so a first.

[Redro 4,599]

2 hours ago, beaver11 said:

Hello, I'm a US citizen and gf is thai citizen. She was initially planning to come visit USA for 6 months but after 3 hours of CBP interrogation, her trip got decreased to 1 month. She mentioned she helped out at a local store a few times her previous visit to the US for little cash which led to CBP reducing her stay. We now plan to get married in USA very soon and she will go back to Thailand. Here are my questions:

 

1) she currently has a tourist B1 visa already. While the CR-1 is pending (i hear it takes a year to year and a half) can she still visit USA for a month with her current tourist Visa? I spoke with a lawyer and he said no.

2) B/c she mentioned that she worked in USA which is not good, does this mean her CR-1 visa has a high chance of getting denied? 

When she entered the US on her last visit did she mention she was visiting her USC partner or did she only state she was here on vacation?

If you get married on this visit i would only file the I-130 AFTER she leaves the US. If you file while she is in the US there is a chance you confuse USCIS and they schedule her for an interview in the US. 

She might be allowed to visit the US while the I-130 is pending but as she had issues entering this time I would suggest she waits at least a year before attempting to visit again. If she is refused entry on her next visit hope she is just turned away and not placed under expedited removal (as I believe that comes with a ban from entering the US for a few years).

I would also plan on 18 months to a year for the entire process. If you read through the forums you'll see some people have been waiting over 12 months for the I-130 to be approved ( and they still have to apply for the visa 2-3 months and wait for interview 2-4 months). 

It sounds like she was extremely lucky to be allowed to enter on this visit so enjoy your time together and congratulations on your upcoming marriage. 

 

 

[beaver11 0]

Thank you so much Rok. The last time she came she told CBP she was visiting me (bf). She stayed for 3 months but extended to 6 months bc she wanted to stay longer and also wanted to avoid 2 week quarantine when going back home to Thailand. Thus, on this visit CBP was very curious about this timeline and started interrogating her

[nastra30 1,981]

5 hours ago, beaver11 said:

She was initially planning to come visit USA for 6 months but after 3 hours of CBP interrogation, her trip got decreased to 1 month. She mentioned she helped out at a local store a few times her previous visit to the US for little cash which led to CBP reducing her stay.

Wow. This is a first. She got admitted and also still maintained her tourist visa even though she admitted to working illegally. Your gf got a secret angel following her. 

 

For #1) Yes, she can still visit on tourist visa again, and hope secret angel will follow her again.

For #2) Is not a problem as it pertains to CR1. The illegal work will be forgiven.

Edited September 6, 2022 by nastra30

[Loren Y 2,732]

12 hours ago, beaver11 said:

Thank you so much! I just find it odd that they even let her in USA. 

 

regarding your response to my question #1, you said us getting married and applying for CR-1 would show "immigrant intent." I don't see what the issue is if we get married in USA but she goes home to Thailand. I thought the problem was if you come here on a tourist visa, file for "adjustment of status" and try to stay in the USA.

That isn't an issue of getting married here, and her returning to Thailand, but once you file the I-130 petition, CBP will see that on her next visit, and know she has petition on file to immigrate, so odds are they won't let her in because they will assume she will stay and adjust because of the long wait for the CR-1 visa approval.

[davidvs 320]

Have you considered filing for AOS after getting married?  Sounds like circumstances may have changed since her arrival....

 

[beaver11 0]

thank you so much everyone for the thoughtful feedback. @Loren Y i definitely see that from CBP perspective. B/c we will be separated for at least a year while CR-1 is pending I just wish she can visit here and I will try to go to Thailand as much as possible. I read online that as long as you have strong documentation that you are returning back to Thai then hopefully CBP will let her in. @davidvs Since she is only staying here a month I don't want to risk and proceed with AOS. I want to do everything correctly within the law and eyes of CBP so that this maximizes the chance of her CR-1 visa being approved. But I do understand what you mean saying "circumstances have changed."

[Redro 4,599]

5 hours ago, beaver11 said:

thank you so much everyone for the thoughtful feedback. @Loren Y i definitely see that from CBP perspective. B/c we will be separated for at least a year while CR-1 is pending I just wish she can visit here and I will try to go to Thailand as much as possible. I read online that as long as you have strong documentation that you are returning back to Thai then hopefully CBP will let her in. @davidvs Since she is only staying here a month I don't want to risk and proceed with AOS. I want to do everything correctly within the law and eyes of CBP so that this maximizes the chance of her CR-1 visa being approved. But I do understand what you mean saying "circumstances have changed."

If your relationship is strong and real and you do not mess up the paperwork there is very little chance the GC will be denied.

The worst that will happen is

1.) She won't receive work authorization or the travel card for 8-12 months

AND/OR

2.) If she receives advance parole and travels overseas she might face a little harassment when she returns to the US.

Another member was harassed by CBP when they returned to the US (with AP) after adjusting via a tourist visa. 

 

[beaver11 0]

@ROK2USA So you are saying that even if her stay in usa has reduced to 1 month we can still apply for AOS? I keep reading about the "90 day rule" so I don't want to risk anything bad happening with GC process. I also do think that  the AOS path might not be the best for us. My wife would have to stay home here in US and not be able to do anything productive (I hear work authorization can take over a year) and we plan to get married in Thailand in late 2023. Since AOS is so unpredictable with timeline, it would be almost impossible to set a firm wedding date in Thailand and also run the risk of getting harrassed when she enters back in the country and that's even assuming she gets approved for AP. Just her interview with CBP last week was pretty traumatizing for her and I would not want that to happen again. Especially with the article you just sent me now regarding AP. I wish I had known about this forum prior to us flying back in US. It never occurred to me that we would get interrogated (she has come here many times to visit) for her just visiting here. Thank you again for all your info!

[beaver11 0]

and another random/hypothetical question. some of you have said that my gf will be in "bad standing" with USA b/c she admitted she worked. I would imagine the CBP officer would have to had documented all this electronically but since she was still allowed in...wouldn't this look very bad on that CBP? so was it actually electronically documented? I only ask b/c if her risk is high d/t "bad standing with USA" I would rather not have her fly back to USA on a tourist visa to avoid problems. I did speak with a lawyer and he too was perplexed.

[Boiler 43,433]

42 minutes ago, beaver11 said:

and another random/hypothetical question. some of you have said that my gf will be in "bad standing" with USA b/c she admitted she worked. I would imagine the CBP officer would have to had documented all this electronically but since she was still allowed in...wouldn't this look very bad on that CBP? so was it actually electronically documented? I only ask b/c if her risk is high d/t "bad standing with USA" I would rather not have her fly back to USA on a tourist visa to avoid problems. I did speak with a lawyer and he too was perplexed.

I am not sure anybody can answer this as I doubt anybody has seen this situation before.