JFH

*~*~*country-specific question moved from “DCF” to Latin America sub-forum. - question about visa delivery times at the Rio consulate*~*~*

*~*~*moved from “IR-1/CR-1 spouse visa progress reports” to “general immigration discussion” - general question on I-94s*~*~*

How long ago is “just crossed”? 10 minutes ago? Yesterday? It can take a while to update on the online system. I once arrived by plane for a few days and had returned home before my record was visible on the I-94 system.

Congratulations!!!

Who can say what they will ask at POE? There are no set scripts that they follow. The CBP officers have every right to question an individual as to their circumstances. An approved visa allows one to present her/himself at the border. It is still no guarantee of admission. And if the CBP officer feels that the visa has been obtained fraudulently or that the holder is any way ineligible for admission in that particular category, he can deny admission. Look through here at how many people with valid tourist visas have been denied entry or removed because it was believed by the CBP officer that they were not coming here purely for tourism. I do know of a case on VJ where a K-1 visa holder was removed at the border. During the POE process the CBP officer asked something about working plans,, career, etc. Possibly due to a misunderstanding by the K-1 holder who did not speak English well, she told the CBP officer that she was planning to work here. She probably meant “in the future when I have my EAD” but it was taken at face value and completely literally and she was sent back to her home country. Off-VJ I am aware of a K-1 case who was asked at the border “are you aware you must marry within 90 days?” (Which is “standard” questioning) to which he replied “well we haven’t decided if we will get married or not. We will use the 90 days to find out”. It was determined that this constituted a lie on his “statement of intent to marry” that he presented to USCIS and the embassy and he was sent back also.

So her family does not even know that she will soon be leaving the country permanently?

*~*~*procedural questions moved from “progress reports” to “process and procedures”*~*~*

US citizens do not need an I-130 as they are not immigrating. They are returning. All the need to return to the US is a US passport. However, any form that asks how many children you have or asks you to list all of your children must include ALL children, both US citizens and immigrating children alike. “Immigrating with” is not the same as “traveling with”.

As the parent of a minor US citizen he is not subject to the current travel “ban” from Europe and the UK. The issue at this stage is getting an ESTA or visa to come here to marry. Getting married here is ordinarily (in non-COVID times) easier as the UKC can come as a tourist and you can get married with almost no waiting period and minimal form-filling. Getting married in the UK would mean you would have to apply for a marriage visa. Unlike the US, the UK does not permit people to get married there whilst in a tourist status. It is my understanding that ESTA is not being approved online at the moment and he would need to go to the London embassy with proof that he is the father of a USC child in order to get approval to travel at the moment.

There have been success stories on here where imprisoned USCs have successfully petitioned their alien spouses and visas have been approved. Depending on the crime, the biggest issue here is “married for immigration benefits”. That’s an absolute no-no. If the crime falls under the AWA list then it will be difficult, but not necessarily impossible, to proceed if the marriage is genuine. Which this is not. Has the person been in prison for the full duration of the relationship? Has money been exchanged?

From Europe round-trip tickets are almost always cheaper. I work for an airline and my job involves pricing, contact negotiation and capacity control on routes, I could give you a very long explanation as to why that is the case in Europe but let’s just say “that’s just the way it is”.

Assuming she has VWP privileges and can therefore visit with relative ease (assuming the costs of they flights are not prohibitive) then I would certainly re-consider your decision to do a K-1 and instead marry on a future visit and start the CR-1 process. She can continue to visit whilst the CR-1 is in process. The benefits of immigrating with a CR-1 vs a K-1 are numerous. I’m from a VWP country and you couldn’t pay me enough to have done a K-1 instead of the CR-1 route that we did.

There is no guarantee you will be granted a 6-month stay upon arrival. The CBP Officer may feel 2 weeks is adequate. A 2-week vacation is more than most Americans take when traveling. What ties do you have to your homeland? In order to obtain a B-2 the applicant must satisfy the immigration officer that they have sufficient strong ties to their homeland that the risk of overstay is as good as zero. If you can stay for 6 months, then go to Canada for a week and then want another 6 months here, that suggests you have no ties to your homeland at all. Note that working remotely, even for a company based outside the US, is not permitted on a tourist visa. Spending more than 180 days in a year here will also draw attention to yourself from an IRS perspective.

*~*~*country-specific question moved to United Kingdom regional forum*~*~*