I am an Indian citizen with a B1/B2 visa holder which is valid till 2020. I have visited the USA a dozen times already (always as a visitor). My wife-to-be is a US citizen by naturalization.
We are planning to get married in India during this summer and want to be together as soon as possible.
In my understanding, K3/K4 visa is no longer considered advisable and it is recommended to directly apply for CR-1 immigrant visa.
It is also my understanding that a CR-1 visa can take 6-8 months on average to get through.
It is also my understanding that if I visit USA as a visitor while my CR-1 visa is pending (that is, while my I-130 is under processing), the officer at the PoE officer may need additional convincing that I will return to my country and not stay on.
So our plan is to get married in India. After the wedding, my wife goes back to the US without me. I come a little later as a visitor intending to return to my country within six months. After my arrival, my wife files I-130 for a CR-1 visa. But I won't apply for adjustment of status or try to become a permanent resident while I am there. I will return to my country after 5-6 months of stay in the USA and wait for the immigrant visa to be approved.
Then I again enter as an immigrant.
The upside is that there is no I-130 pending when I enter the US, so my bona-fide to only come as a visitor is clear. And I will honor the conditions of my non-immigrant visa and will return to my home country within six months.
The downside is I won't be able to work while in the USA but that is OK by me, as I am planning to write a book during the few months that I am there.
Does the plan sound fine without any consequence to my I-130 processing?
B1/B2 visa holder marrying a US citizen
in IR-1 / CR-1 Spouse Visa Process & Procedures
Posted
Hi Folks
I am an Indian citizen with a B1/B2 visa holder which is valid till 2020. I have visited the USA a dozen times already (always as a visitor). My wife-to-be is a US citizen by naturalization.
We are planning to get married in India during this summer and want to be together as soon as possible.
In my understanding, K3/K4 visa is no longer considered advisable and it is recommended to directly apply for CR-1 immigrant visa.
It is also my understanding that a CR-1 visa can take 6-8 months on average to get through.
It is also my understanding that if I visit USA as a visitor while my CR-1 visa is pending (that is, while my I-130 is under processing), the officer at the PoE officer may need additional convincing that I will return to my country and not stay on.
So our plan is to get married in India. After the wedding, my wife goes back to the US without me. I come a little later as a visitor intending to return to my country within six months. After my arrival, my wife files I-130 for a CR-1 visa. But I won't apply for adjustment of status or try to become a permanent resident while I am there. I will return to my country after 5-6 months of stay in the USA and wait for the immigrant visa to be approved.
Then I again enter as an immigrant.
The upside is that there is no I-130 pending when I enter the US, so my bona-fide to only come as a visitor is clear. And I will honor the conditions of my non-immigrant visa and will return to my home country within six months.
The downside is I won't be able to work while in the USA but that is OK by me, as I am planning to write a book during the few months that I am there.
Does the plan sound fine without any consequence to my I-130 processing?
Any help/pointers will be appreciated. Thanks!