Options for I-130 (CR-1) filing

[ChicagoBulls96 0]

Hello, 

 

hoping some of you can provide me some insight on a question I have. My girlfriend (thailand, non citizen) and myself (USC) are planning on getting married sometime this year and filing an I-130 to start the process of moving her to the USA. Originally, we are planning on getting married this April in Thailand (I will be visiting her). She is planning to visit the United States this June for family wedding/visit friends and myself. 
 

My question is, would she have issue entering the USA with her tourist visa if we wed in Thailand. I wasn’t planning on filing the I-130 until she finishes her visit. 

 

another question, am I allowed to file a I-130 when she is visiting to jump start the process or wait until she leaves. any advice is appreciated! 

[Boiler 43,544]

Sooner you marry the sooner you can file.

 

Many people visit whilst under progress we have a mega thread on this

[ChicagoBulls96 0]

If we marry in April, will she have an issue entering the US in June? Let’s say we don’t file till after.

[Dashinka 23,274]

Each entry on a B2 is at the discretion of CBP.  IF she has a good history of short visits, and she has documentation showing she will return after her visit she should have no issues.

 

Here is the thread Boiler was referring to.

 

Good Luck!

 

 

[Chancy 6,233]

*** Moved from Bringing Family of USC forum to IR1/CR1 Process & Procedures ***

 

[pushbrk 12,136]

Assuming she already has the visa, she should have no problems visiting and no point to delaying your petition filing.  If she doesn't already have the visa, then it is highly unlikely she will be able to get one.

[Dewald & Brittney 46]

I was in a similar situation. My wife (USC) and I met and got engaged in Thailand. We got married while I was back in South Africa and I applied for a tourist visa to the US to visit her before coming back to work in Thailand. When I went for the B1 interview I told the CO that I was going to visit my wife and gave him my wedding certificate and also showed proof that I was going back to work in Thailand. I got my B1 visa and have visited the US twice in 2022, once via JFK and the second time through LAX. Both of my entries were smooth. 

 

If she already has a visa then I don't think it will be an issue, assuming her record is pristine.

 

In regard to applying for a B1 while having an I130 processing, I think your profession, ties and straightforwardness play a large role. I told my CO from the start that I want to visit my wife for a month while we are processing our I130, my profession is also in education so I think they know that it is basically impossible to land a teaching job on a tourist visa. It might have also helped that I showed him my work contract to return to Thailand after my visit to the US. 

 

Best of luck.

Dewald