Foreign Partner Coming to U.S. on Tourist Visa B2, Marriage, Returning to Home Country for CR1 Process - IS THIS OKAY?

[anjogo11 0]

Hello!  I'm a U.S. Citizen (M) and my partner is from Asia (f) -- 

 

Is it okay if she visits me in the winter, we get married, and she returns back to Asia so we can move forward with the CR1 process?  I'm seeing conflicting stories / messages / advice about this.  Here are the conflicts I've seen: 

1. People have done this successfully and have shared their stories (as long as the foreigner can prove they have ties to home country and plan to return and do CR1, they didn't have issues)

2. People without personal experience say it's OKAY -- and only bad if she plans to live here right after the marriage and Adjusts her Status.  

3. People say it's bad regardless and you should do the K1 process 

4. In the guide on this very site, it explains the K1 process and  CR1 process, but does not mention using the tourist Visa to marry first, leave, and do CR1 

 

As of April 2024 -- does anyone know the true answer on this and/or have done this themselves / can provide advice?

[TBoneTX 43,073]

(1.) and (2.) are correct -- but if the CBP agent checking her upon entry doesn't ask, avoid volunteering information.  Answer only what is asked.

 

(3.) is inaccurate.  The K-1 and CR-1 visas now take approximately the same time, and CR-1 is far superior.

 

Regarding (4.), there are countless threads in which the illegality of "entry with use of Tourist Visa, not leaving, and staying to adjust status" is discussed.  Conversely, your plan -- she visits, you marry, she returns before her tourist visa expires, and you file the I-130 toward the CR-1 visa -- is completely fine.

 

Depending on where she's from, multiple visits (she to you, you to her, meet in third country, or all) will help to build evidence for the eventual consular interview for the visa.

 

The above answers are all consequent to years of posts containing the accumulated wisdom and experiences of hundreds of members here.

Edited April 13 by TBoneTX

[ShazShaz 32]

I’m Asian f, husband USC m. I flew in on Esta in 2022, got married, filed I-130, stayed for total 85days and flew back to home country to wait out the application process. 

[JayFromTexas 58]

It is perfectly fine. My wife visited me on her tourist visa before we were married and after we were married with zero issues. You can absolutely marry while your fiancé visits you, as long as she leaves and doesn’t overstay her visa. 
 

My wife and I chose to marry online, but we could have married here with no issues.

 

Good luck with your new life!

[powerpuff 5,907]

*** Topic moved from Progress Reports to Process & Procedures ***

[pushbrk 12,124]

I hope you'll note that it is wiser to make your decision based on something other that "majority rules".  Just because opinions vary, does not make your decision "democratic".  The guide doesn't mention what you're doing because it presumes the visitor visa has been obtained for "visiting".  Your partner will use it to "visit".  That you will marry during a visit, is not relevant.  Once married, you follow the applicable immigration process.  The visit and visit visa are not part of any immigration process.

[R&OC 349]

We got married in the US after which I returned home and waited for the immigration process.

[anjogo11 0]

On 4/14/2024 at 2:30 PM, pushbrk said:

I hope you'll note that it is wiser to make your decision based on something other that "majority rules".  Just because opinions vary, does not make your decision "democratic".  The guide doesn't mention what you're doing because it presumes the visitor visa has been obtained for "visiting".  Your partner will use it to "visit".  That you will marry during a visit, is not relevant.  Once married, you follow the applicable immigration process.  The visit and visit visa are not part of any immigration process.

I'm just trying to find out if it can be done. My partner is worried about this process and doesn't want to get banned from the country because they're going to say "you should have done the K1" or something of that nature. 

 

We're brand  new to the  situation and fears will creep in -- but I have seen countless times people getting married on a visitors VISA and doing the CR1 process when their partner returns to their home country, which we would like to do.  We just want to know if later in the interview, they're going to say "wait a minute, you got married with a visitor's VISA!" and we get in trouble for it or something.  That's not something we want to happen and it seems like it doesn't as long as we do the CR1 process.  

[anjogo11 0]

On 4/14/2024 at 7:49 AM, JayFromTexas said:

It is perfectly fine. My wife visited me on her tourist visa before we were married and after we were married with zero issues. You can absolutely marry while your fiancé visits you, as long as she leaves and doesn’t overstay her visa. 
 

My wife and I chose to marry online, but we could have married here with no issues.

 

Good luck with your new life!

When you did the interview, did they ask you any questions pertaining to why you used a tourist VISA to get married or something of that nature?  My partner is worried they will ask why we didn't use a K1 VISA to get married and used a tourist VISA instead, and I would like to qualm those fears.  

[anjogo11 0]

On 4/14/2024 at 6:34 AM, ShazShaz said:

I’m Asian f, husband USC m. I flew in on Esta in 2022, got married, filed I-130, stayed for total 85days and flew back to home country to wait out the application process. 

Good to hear! I'm asking others this as well, but my partner is worried they will ask later in the interview why you didn't use a K1 to get married and  used the Tourist VISA instead.  She doesn't want to get in trouble.  As a foreigner she is just unfamiliar with how the U.S. does  things and doesn't want to do the wrong thing.  Thanks for any advice.

[pushbrk 12,124]

4 minutes ago, anjogo11 said:

I'm just trying to find out if it can be done. My partner is worried about this process and doesn't want to get banned from the country because they're going to say "you should have done the K1" or something of that nature. 

 

We're brand  new to the  situation and fears will creep in -- but I have seen countless times people getting married on a visitors VISA and doing the CR1 process when their partner returns to their home country, which we would like to do.  We just want to know if later in the interview, they're going to say "wait a minute, you got married with a visitor's VISA!" and we get in trouble for it or something.  That's not something we want to happen and it seems like it doesn't as long as we do the CR1 process.  

Useless worry.  Marrying on a tourist visa is not an issue.  I already explained why.

[anjogo11 0]

On 4/12/2024 at 10:47 PM, TBoneTX said:

(1.) and (2.) are correct -- but if the CBP agent checking her upon entry doesn't ask, avoid volunteering information.  Answer only what is asked.

 

(3.) is inaccurate.  The K-1 and CR-1 visas now take approximately the same time, and CR-1 is far superior.

 

Regarding (4.), there are countless threads in which the illegality of "entry with use of Tourist Visa, not leaving, and staying to adjust status" is discussed.  Conversely, your plan -- she visits, you marry, she returns before her tourist visa expires, and you file the I-130 toward the CR-1 visa -- is completely fine.

 

Depending on where she's from, multiple visits (she to you, you to her, meet in third country, or all) will help to build evidence for the eventual consular interview for the visa.

 

The above answers are all consequent to years of posts containing the accumulated wisdom and experiences of hundreds of members here.

Thank you so much for taking the time with an in-depth reply.  

To calm my partner's fears, when we do marry on a tourist visa, and she returns home so we can start the CR1 process -- she's worried that in the interview they are going to ask us why we used the tourist visa to get married.  She doesn't wish to get deported or banned from the U.S. before we even start our  lives.  These are just fears of a foreigner that doesn't understand the process, and I being a citizen just don't know, so I'm looking for anyone that understand this better.  I figured as long as we do the CR1 it'll be fine, but I'm not 100% positive if doing the tourist visa won't get any questioning of us.  

 

Any more advice would be appreciated if you  have the time.  Thanks again.

[Boiler 43,481]

Does she have a Tourist Visa?

 

 

[pushbrk 12,124]

1 hour ago, anjogo11 said:

Thank you so much for taking the time with an in-depth reply.  

To calm my partner's fears, when we do marry on a tourist visa, and she returns home so we can start the CR1 process -- she's worried that in the interview they are going to ask us why we used the tourist visa to get married.  She doesn't wish to get deported or banned from the U.S. before we even start our  lives.  These are just fears of a foreigner that doesn't understand the process, and I being a citizen just don't know, so I'm looking for anyone that understand this better.  I figured as long as we do the CR1 it'll be fine, but I'm not 100% positive if doing the tourist visa won't get any questioning of us.  

 

Any more advice would be appreciated if you  have the time.  Thanks again.

You've already been reassured that this question won't even come up.  It's a total non-issue.  Of course there will be questions but not about why you married on a tourist visa, then left and pursued the appropriate spouse visa.

[pushbrk 12,124]

50 minutes ago, Boiler said:

Does she have a Tourist Visa?

 

 

Critical question as from many Asian countries she may not be able to GET a tourist visa.  Does she have the visa already, and if not, what country is it?