My Hungarian fiance and I (US Citizen) are planning on getting married in Ireland (where he and his family reside) this September. After that, we plan to apply for the CR-1 Visa.
At first, we were thinking we could have him stay on VWP for less than 90 days and then he could go to Mexico for a few days and re-enter. I now realize that could easily constitute border hopping.
Anyway, some complications to our situation:
1) I am a full-time student and can't take longer than 2 quarters (about 5 months) off of enrolment to maintain my admission. I am currently on leave for work and will have to return in September just after we get married.
2) He is currently trying to find an EU-based remote working job so he can make money while in the US, which would mean he quits his current job. Is that an ok thing to do? Would that maintain enough of a tie to EU to eliminate issues when entering US on VWP?
4) While he has a well-paying job and mine is decent, we both have student loans and a wedding to pay for (though we're trying to keep costs to a minimum!).
5) While we're very good at long distance, we are looking forward to finally living together. If our only option is to live apart and make short but very few visits, we'll do more than our best. But given it's a marriage, we want to do everything we can to remain physically together.
We're now considering the following:
- We get married in September in Ireland.
- We enter the US a few days/weeks after our wedding, fiance on VWP with a return ticket already purchased for December. I go to school and work for one quarter. Fiance works remotely from EU-based job. While living in the US, we would be staying in a studio apartment rented from my parents. No formal lease to attach him permanently to the address.
- While in US, we apply for CR-1.
- In December, before his 90 days on VWP are up, we return to Ireland and stay there while fiance continues to work remotely or perhaps at his old job? Not sure yet. I may be able to do some online coursework and care for his family members (non-paid). I may also be able to do research for my degree there (we met while I was studying abroad in Ireland). I could be there for up to 90 days on a tourist visa.
- Depending on CR-1 status at this point, we could either 1) live separately for a short time waiting on CR-1 greencard approval, me studying in US, him working in Ireland. Or we could 2) do the switcheroo back to the US so I can study in US while he's here working remotely.
- Depending on options we would then: 1) Schedule our interview at the consulate in Dublin and he would enter US on CR-1. Would I need to be at the interview? or 2) Schedule an interview at an embassy in the US. Is it possible to do this for visitors on the VWP? Then have him fly in from Mexico or Canada (or somewhere else with inexpensive flights) on CR-1.
It's a little complicated, but is this situation viable? I will so appreciate any advice anyone can give. We already decided after months of back-and-forth that K-1 wasn't going to work for us so we're really trying to make the CR-1 work. And of course this is all dependent on the COVID-19 situation. Sorry if this was a headache to read!