CR-1 or IR-1/Travel during spouse visa

[OldUser 5,202]

6 minutes ago, matea said:

Okay so if I am asked what is the purpose of my visit, what should I tell them? (in case I want to get married and come back to my country and start the CR1/IR1 process?

You should tell CBP that. You'll likely going to be denied entry. But who knows, maybe after few hours in secondary check and a bit of interrogation you will be allowed in if your story is convincing. It's hard to predict, too many variables. 

 

Maybe all the CBP is going to ask is how long are you in the States for.

 

My point is: give truthful and concise answers to any questions CBP may have. If they ask you something like "Have you been to the US before"? You shouldn't tell them the story how you're about to get married. Just tell them yes or no. Same about trip. If they ask about length of your trip, you shouldn't say anything else other than length of trip.

Edited March 31 by OldUser

[matea 0]

12 minutes ago, OldUser said:

You should tell CBP that. You'll likely going to be denied entry. But who knows, maybe after few hours in secondary check and a bit of interrogation you will be allowed in if your story is convincing. It's hard to predict, too many variables. 

 

Maybe all the CBP is going to ask is how long are you in the States for.

Whenever I came to the US, I have always been asked what the purpose of my visit is. So basically if I am being asked that question at the border, and I tell them that "I wanna visit my boyfriend" (only visit), but I also marry during my visit, and start the CR1 process after I return to my country, it all will cause an issue for the marriage visa process or at the border again when I want to visit on a tourist visa again while my CR1 is pending?

Edited March 31 by matea

[OldUser 5,202]

32 minutes ago, matea said:

Whenever I came to the US, I have always been asked what the purpose of my visit is. So basically if I am being asked that question at the border, and I tell them that "I wanna visit my boyfriend" (only visit), but I also marry during my visit, and start the CR1 process after I return to my country, it all will cause an issue for the marriage visa process or at the border again when I want to visit on a tourist visa again while my CR1 is pending?

If you're asked about purpose of your visit next time you come to the US and you don't disclose the fact you're getting married... Then yes, it may hurt in the future. Be transparent with CBP.

[pushbrk 12,286]

3 hours ago, OldUser said:

If you're asked about purpose of your visit next time you come to the US and you don't disclose the fact you're getting married... Then yes, it may hurt in the future. Be transparent with CBP.

I disagree.  The reason is that it is perfectly legal to marry and leave.  There has been no abuse.  You are no more required to mention you will attend a wedding, even your own, than that you may visit a public library.  A truthful more generic answer, coupled with a round trip ticket for a relatively short visit, is usually not a problem.  If you've been saying you are visiting your boyfriend, then that is STILL true this time.  (It won't be next time.)

You need not disclose every activity on your itinerary.  If specific questions are asked, then of course, you must give truthful answers, but failing to mention a wedding as part of a legitimate "visit" is no different than failing to mention going to a movie or library.

[OldUser 5,202]

37 minutes ago, pushbrk said:

I disagree.  The reason is that it is perfectly legal to marry and leave.  There has been no abuse.  You are no more required to mention you will attend a wedding, even your own, than that you may visit a public library.  A truthful more generic answer, coupled with a round trip ticket for a relatively short visit, is usually not a problem.  If you've been saying you are visiting your boyfriend, then that is STILL true this time.  (It won't be next time.)

You need not disclose every activity on your itinerary.  If specific questions are asked, then of course, you must give truthful answers, but failing to mention a wedding as part of a legitimate "visit" is no different than failing to mention going to a movie or library.

Wedding is a life changing event and appears to be the focal point of the trip. If OP was contemplating marrying, that's another story. Omission can be perceived as misrep in the future. As you can tell, I never advised OP to bring it up voluntarily. But to me getting denied entry is a less of the problem then having to go through waiver in the future.

[pushbrk 12,286]

2 hours ago, OldUser said:

Wedding is a life changing event and appears to be the focal point of the trip. If OP was contemplating marrying, that's another story. Omission can be perceived as misrep in the future. As you can tell, I never advised OP to bring it up voluntarily. But to me getting denied entry is a less of the problem then having to go through waiver in the future.

"Omission" is NOT a misrepresentation, and certainly not a material misrepresentation, if the person leaves as scheduled, or even later, but within the time granted.  Again, it is not illegal to marry while in the USA.  What's illegal is to overstay and what "may be perceived" as illegal "intent" is only applicable when adjusting status.

I'm not implying or otherwise saying your advice was to volunteer information.  It's just that you were not CLEAR about what direct question, would necessitate mentioning the wedding.  I've been clear. If you meant the same, then great. No disagreement here.

 

If asked for the purpose of her visit, "to visit my boyfriend" is currently still a truthful, concise answer, for next visit.

 

Edited April 1 by pushbrk

[TiffAndMike 8]

When they ask what your intentions are in the United States, they do not need a play by play of everything you are doing. As long as you marry and then go back to your own country afterwards, telling them you are "visiting my boyfriend " is enough. There is nothing illegal about getting married while you are a visitor and it won't bite you in the butt later. 

 

Now if you come here with the intentions of getting married, staying in this country and trying to adjust status then yes, you misrepresented your intentions upon entering. 

 

Honestly, all CBP cares about is that you will be returning to your home country. I'd you volunteer the fact that you are getting married, they will be paranoid that you are going to try to stay in the country instead of going home. 

 

I talked to 3 different immigration attorney before I married my husband and they all said that it is perfectly legal to marry and him return to his home country afterwards. 

 

 

[Redro 4,602]

19 hours ago, matea said:

Whenever I came to the US, I have always been asked what the purpose of my visit is. So basically if I am being asked that question at the border, and I tell them that "I wanna visit my boyfriend" (only visit), but I also marry during my visit, and start the CR1 process after I return to my country, it all will cause an issue for the marriage visa process or at the border again when I want to visit on a tourist visa again while my CR1 is pending?

Do you always give the officer such a detailed reply? including what you plan to do when you return to your home country? 

 

[matea 0]

1 hour ago, TiffAndMike said:

When they ask what your intentions are in the United States, they do not need a play by play of everything you are doing. As long as you marry and then go back to your own country afterwards, telling them you are "visiting my boyfriend " is enough. There is nothing illegal about getting married while you are a visitor and it won't bite you in the butt later. 

 

Now if you come here with the intentions of getting married, staying in this country and trying to adjust status then yes, you misrepresented your intentions upon entering. 

 

Honestly, all CBP cares about is that you will be returning to your home country. I'd you volunteer the fact that you are getting married, they will be paranoid that you are going to try to stay in the country instead of going home. 

 

I talked to 3 different immigration attorney before I married my husband and they all said that it is perfectly legal to marry and him return to his home country afterwards. 

 

 

Thank you so much! And there is no 90 day rule for getting married in this case right? (when I plan to go back to my country)

[Dashinka 23,423]

4 minutes ago, matea said:

Thank you so much! And there is no 90 day rule for getting married in this case right? (when I plan to go back to my country)

There is no 90 day rule.

[Redro 4,602]

1 hour ago, matea said:

Thank you so much! And there is no 90 day rule for getting married in this case right? (when I plan to go back to my country)

I got married day 4 during my vacation to the U.S. Left 3 weeks later. No issues. Also traveled to the U.S. as a tourist a few more times before I finally moved here. 

[pushbrk 12,286]

There is no 90 day or 60 day rule anyway, but the fictional rules don't fit this situation anyway.

[TiffAndMike 8]

On 4/1/2024 at 12:11 PM, matea said:

Thank you so much! And there is no 90 day rule for getting married in this case right? (when I plan to go back to my country)

There is no 90 day rule. Just go back to your home country before your visa waver or visa expires and then have your fiance file the I-130 petition.