US citizen marrying Irish citizen. What is the best lawful manner to navigate this?

[Feez 3]

Hi folks. My apologies if this is posted in the wrong forum. Would appreciate any and all help and perspectives.

 

I'm a US citizen living in California, and my fiancée is an Irish citizen living in London doing her postdoc (she has a Phd in a science field). We plan on getting married later this year. The legal marriage and religious ceremonies will take place in Ireland, and then 1-2 months later we will have a reception in California. She would then go back to Europe to complete her postdoc. In the meantime, we will file a CR1 (I-130) while doing LDR until the visa process is complete. That is the plan I had in mind at least.

 

I need some guidance on what is the best way to logistically navigate this in a lawful manner. When she visits California for the reception, she would travel under an ESTA. She would legally be my wife, so should she just be completely honest with immigration officers? That she recently married an American citizen (me) and is visiting for a reception and intends to return to Ireland afterwards in a few weeks? She could of course come prepared with proof of employment, proof of tentative stay (hotel, airbnb, etc. reservations) and whatever else. I've been told (not by a lawyer) that this would be the best course of action. Similarly, in the future while the visa is being processed and she wanted to visit the US, she would have to show/establish intent to return?

 

Which brings me to my next question - what would be the best time to file the I-130 application? Should it be done in-between the Ireland and California events? That way there's proof that we have paid the fees and started the lawful process for a spouse visa before she returns back to Europe. Or should I wait until she goes back before filing the application?

 

I really appreciate anyone who responds. I realize that there are probably thousands of foreign spouses traveling to the US on a daily basis. I just want to do my due diligence and make sure everything goes as smoothly as possible. We are trying to do everything in a lawful manner.

[TBoneTX 46,898]

Welcome to the forum!  Your thread is moved to the CR-1 Process forum, as a better fit.

 

Folks will be along to answer your questions.  Good luck!

[Dashinka 25,425]

She has to answer the questions of the CBP officer truthfully, but she is not required to answer questions that are not asked (I.e. it is best to not embellish answers).  Many married couples in LDRs visit on ESTA/B2 while the I130 process is ongoing, so it does not matter when you file the I130 after the legal marriage.  The main point for the foreign spouse visiting is to have evidence of their need to return after their visit, don’t show up with all their worldly possessions for a supposed short visit, and don’t show a pattern of maxing out the stay (90 days on ESTA), and returning a few months later for another maximum stay.

 

Good Luck!

[Feez 3]

13 minutes ago, Dashinka said:

She has to answer the questions of the CBP officer truthfully, but she is not required to answer questions that are not asked (I.e. it is best to not embellish answers).  Many married couples in LDRs visit on ESTA/B2 while the I130 process is ongoing, so it does not matter when you file the I130 after the legal marriage.  The main point for the foreign spouse visiting is to have evidence of their need to return after their visit, don’t show up with all their worldly possessions for a supposed short visit, and don’t show a pattern of maxing out the stay (90 days on ESTA), and returning a few months later for another maximum stay.

 

Good Luck!

Thank you for the response! This confirms what I had in mind then. 

 

Btw, for the reception she would be coming with her family. What do you suggest her family members say to the officers? Should they just be truthful, i.e. they're here for their daughter's wedding reception and then intend to return back home? I presume simply being truthful is generally the best course of action as long as nothing suspicious is being done.

[carmel34 3,691]

1 hour ago, Feez said:

Should they just be truthful, i.e. they're here for their daughter's wedding reception and then intend to return back home?

Yes of course they should answer all questions they are asked truthfully.  Entry to the US for non-citizens is always at the discretion of the CBP officer but from the details you have shared, they are likely to be fine.  Strong ties to their home country helps to overcome the assumption that they may overstay.  Good luck with the wedding and spousal visa process!  Patience and attention to detail are key.

[Boiler 46,860]

It is a loooong process so I would file as soon as I could.

[Edward and Jaycel 1,368]

1 hour ago, Boiler said:

It is a loooong process so I would file as soon as I could.

Exactly this 👆👆 Congratulations on the upcoming wedding! Best of luck and hope for a speedy CR-1 process for you guys  

[S2N 104]

1) There is no obligation to volunteer red flags to the government. When asked the purpose of the trip they’re asking to determine if the admission is under ESTA’s business or tourism class. It is perfectly acceptable to say “vacation” since that is true. If they specifically ask if she’s visiting her spouse she has to be honest, but it’s not a requirement that she proactively disclose it. My husband landed in the U.S. with a pending I-130 on ESTA a week ago. Linked to my summary of his admission below.

2) There is no reason not to start the process as early as possible. You can delay at NVC as long as you want by paying the fee and then contacting them at least once a year to keep the petition open. We prepped the petition before hand and filed a week after getting the married, literally the day we landed in Chile after his visit here to get married. If you’re getting married in Ireland and she’s not already in the U.S., you could file the day you get the certificate.

 

Reason to wait for her to leave if you do the marriage in the U.S. is to not confuse USCIS with the “is she in the U.S.?” question and also requesting consular processing. Know you’re doing it in Ireland, but explaining the logic.

3) Re: the family visiting, I’m a strong advocate of the view that the response to “reason for visit?” at passport control in any country is one word — “vacation” — for any type of leisure travel unless asked to explain more. It’s accurate and it’s what the passport control officer is going to note on the admission form anyway, so no need to give more details unless asked.

 

My recent post about arrival on ESTA with pending I-130:

 

Edited Saturday at 02:04 PM by S2N

[TBoneTX 46,898]

4 hours ago, Feez said:

What do you suggest her family members say to the officers?

"Vacation."  If asked for details, "We are visiting to attend a wedding reception."

4 hours ago, Dashinka said:

She has to answer the questions of the CBP officer truthfully, but she is not required to answer questions that are not asked (I.e. it is best to not embellish answers).  Many married couples in LDRs visit on ESTA/B2 while the I130 process is ongoing [...]

In addition to this excellent answer, she might say (if asked further), "I am here to attend a wedding reception and to gain more evidence of bona fide relationship for my eventual I-130 visa interview at the consulate."  No CBP agent could possibly object to this.

[S2N 104]

Follow-up to @TBoneTX’s excellent post to say that it’s extremely unlikely that there will be follow-ups to the accurate response of “vacation” and that if she has ever been to the U.S. before on a valid ESTA (even if it’s different than the current one), mobile passport control will further decrease the odds of follow-ups since it flags any issues before reaching the officer.
 

Only requirement for an Irish national to use it is a previous visit to the U.S. under the visa waiver program.

Edited Saturday at 02:55 PM by S2N

[Feez 3]

3 hours ago, S2N said:

Follow-up to @TBoneTX’s excellent post to say that it’s extremely unlikely that there will be follow-ups to the accurate response of “vacation” and that if she has ever been to the U.S. before on a valid ESTA (even if it’s different than the current one), mobile passport control will further decrease the odds of follow-ups since it flags any issues before reaching the officer.
 

Only requirement for an Irish national to use it is a previous visit to the U.S. under the visa waiver program.

She does plan to visit the US for the first time in August under ESTA. For about a week. Our wedding ceremonies won't be til October-December. In that situation, "Vacation" will be the best thing to say right? Since we would have no legal connection.

 

Thank you to everyone for the responses. I was recommended this site by someone on Reddit. I'm really glad I posed my question here. I'm a spoiled US born citizen so I've never had to seriously think about this stuff until I met my fiancée. 

[TBoneTX 46,898]

1 minute ago, Feez said:

"Vacation" will be the best thing to say right? Since we would have no legal connection.

Well, if she's questioned further, she can add "...for the purpose of building evidence of a bona fide relationship for the I-130 that we plan to file after marrying in a few months."

2 minutes ago, Feez said:

Thank you to everyone for the responses. I was recommended this site by someone on Reddit. I'm really glad I posed my question here.

This is precisely why we're here.   

2 minutes ago, Feez said:

I've never had to seriously think about this stuff until I met my fiancée. 

None of us did.  You had the good taste to share your situation and questions with us.

==>  Be SURE to return to let us know what happened.

[S2N 104]

27 minutes ago, Feez said:

She does plan to visit the US for the first time in August under ESTA. For about a week. Our wedding ceremonies won't be til October-December. In that situation, "Vacation" will be the best thing to say right? Since we would have no legal connection.

“Vacation” is always the correct response even after marriage unless asked a follow-up. For “where are you staying?” the city name usually works. Most of the questions can be responded to with one word answers. No need to elaborate, she just needs to answer both simply and truthfully. Ireland isn’t a high risk country so it’s unlikely to cause any issues, but no need to give them more things to ask about.

 

She won’t be able to use mobile passport control the first time, but every time after she’ll be able to use it.
 

If she flies out of Dublin instead of Heathrow or Gatwick she’ll do passport control in Dublin.

 

Edit to add: the reason “vacation” is always correct is that ESTA has two classes, tourism or business. If she’s not coming under the business class, she is seeking admission as a tourist. The CBP officer is asking to determine which class of admission she is applying to enter under: WT (tourist) or WB (business). There is no WVMS class (Waiver-Visiting-My-Spouse.) That’s tourism — WT.

Edited Saturday at 06:42 PM by S2N

[Feez 3]

41 minutes ago, TBoneTX said:

Well, if she's questioned further, she can add "...for the purpose of building evidence of a bona fide relationship for the I-130 that we plan to file after marrying in a few months."

This is precisely why we're here.   

None of us did.  You had the good taste to share your situation and questions with us.

==>  Be SURE to return to let us know what happened.

Gotcha. I'm going to bookmark this page so I have all this handy to reference in a few months time. Will be sure to provide an update!

 

28 minutes ago, S2N said:

“Vacation” is always the correct response even after marriage unless asked a follow-up. For “where are you staying?” the city name usually works. Most of the questions can be responded to with one word answers. No need to elaborate, she just needs to answer both simply and truthfully. Ireland isn’t a high risk country so it’s unlikely to cause any issues, but no need to give them more things to ask about.

 

She won’t be able to use mobile passport control the first time, but every time after she’ll be able to use it.
 

If she flies out of Dublin instead of Heathrow or Gatwick she’ll do passport control in Dublin.

 

Edit to add: the reason “vacation” is always correct is that ESTA has two classes, tourism or business. If she’s not coming under the business class, she is seeking admission as a tourist. The CBP officer is asking to determine which class of admission she is applying to enter under: WT (tourist) or WB (business). There is no WVMS class (Waiver-Visiting-My-Spouse.) That’s tourism — WT.

Gotcha. Simple and truthful until further questioned. I was not aware that Dublin airport has US preclearance. I just looked it up.
https://www.dublinairport.com/flight-information/travelling-to-usa/usa-preclearance

[S2N 104]

29 minutes ago, Feez said:

Gotcha. Simple and truthful until further questioned. I was not aware that Dublin airport has US preclearance. I just looked it up.
https://www.dublinairport.com/flight-information/travelling-to-usa/usa-preclearance

Simple. Truthful. Automated (GE or MPC)

 

Those are the three key words with CBP. She can do the first two this time. Every visit after she can do all three.