emilyneff

54 minutes ago, Chancy said:

 

If he gets sent to secondary like I was, it would not be enough to say that he's not intending to stay.  CBP knows that people might change their mind after being admitted in.  What they need to determine is whether your boyfriend has strong enough ties to his home country to make it unlikely for him to overstay in the US.

 

In my case, when the topic came up, I was very adamant that I had no plan to stay and adjust status after my wedding.  Even so, the CBP officer still asked me extensively about my work back home.  I brought documents showing my ties to my home country, but the officer didn't ask to see them.  Maybe I have an honest face that my answers alone convinced them that I would leave on time.  On my next trip, I suppose my past travel history was enough to convince CBP that I would again leave the US as planned.

 

Oh okay, it's good to know what exactly to expect! We proved it before on his last visit with no problems, so we'll reinforce what we have and get all our documents together just in case. My fiance has an honest face too, so we also have that lol

21 minutes ago, Chancy said:

 

Your spouse-to-be must answer CBP's questions truthfully, but no need to volunteer information that is not asked.  Be honest, yet concise.

 

On one of my tourist visits, the CBP officer asked my purpose of travel ("vacation") and who I'll be staying with ("my boyfriend").  Then he asked directly, "Are you going to get married?"  I answered truthfully, then I was sent to secondary interview.  The next officer asked about what I do back home, my then-boyfriend's job, and how we first met (that trip was not our first time meeting and also not my first US visit).  Thankfully, he admitted me in, even knowing that I was going to get married in the US.

 

We married within 1 month of my arrival, then I left as planned.  Months later, I returned to the US.  CBP's questions -- purpose of travel ("visit family"), who ("my husband"), is he a US citizen ("yes").  Stamped my passport for entry without any fuss, likely because I kept to the terms of my tourist visa in my previous visits.  I left on time again after that visit.  Over a year later, I returned to the US, this time with my spouse visa.

 

This is almost the exact same situation as my boyfriend and I. In my post that you're quoting, I think I got confused about getting married vs. getting married then immediately filing for adjustment of status. It sounds (from you and from other things I've since read) that as long as we make it clear he's not intending to stay and it's a legit relationship, they won't have a problem with him coming here to get married. 

I'm glad everything went smoothly for you guys and congrats on your spousal visa! I can only hope for the same for us. Your words make me feel a lot less panicked about this process. 
 

1 minute ago, pushbrk said:

The fact that you previously filed a petition for him could add a wrinkle.  Probably not a problem if the petition was withdrawn before approval.  Bigger problem if the visa was denied after petition approval.

 

Let's be clear though.  It is fine to have the intention to marry during a visit.  People come here often for destination weddings (Las Vegas etc.) but then they leave.  What is NOT OK is to enter with the intention of marrying AND staying to adjust status.

 

What reason were you imagining he would give upon entry if you were already married?  "I'm coming to consummate my marriage."  😉 

 

Intent to marry and already married to a US Citizen are pretty much the same red flag.  If you're really concerned about it, go ahead with the Utah marriage, then you visit HIM in his or another country to consummate the marriage.

Hahaha I actually was imagining how awkward it would be to tell a customs officer that lol

We withdrew the petition two months after getting notice that their offices received it, so no issues there. It is, though, a big reason why I want to go Utah instead of just getting married here. I was worried it wouldn't go well if he said "I'm just here to see my girlfriend/fiance but we're not planning anything" so shortly after a K-1 was filed. Like it wouldn't look quite right, you know? Or... maybe my partner is right and I'm overthinking everything haha

I was worried about us already being married as being the same red flag, as you said, but I have seen a lot of others who are already married visiting their spouses in the US while they wait for their Cr-1's. So I thought it would be maneuverable since we'd just say what those people are saying to customs. 

2 minutes ago, pushbrk said:

Is getting married the only possible true answer when asked the purpose of his visit.  No, it's not.  If he's been here before and left, that makes it easier.  He should bring evidence of his job and return ticket for a brief visit.  When asked the purpose of his visit, he can give a more generic but true answer, like "on holiday" and mention the length of his stay if they haven't already asked that.  Visiting friends and family, going to (wherever your honeymoon is going to be) are all truthful answers that don't raise the red flag that worries you.  In short, his reasons can be the same as they would be AFTER the Utah marriage.  

 

A person is no more obligated to mention they will attend a wedding (even their own) than they are to mention they will visit a public library.  Generic and truthful are the keys for EVERY entry by a visitor under ANY circumstances.

I guess he is also here on holiday, I just don't want to be caught lying by omission - especially because we have a previous k-1 on file (it has been withdrawn). I've read before that people who do this (get married on a tourist visa) try to strategically get married toward the end of their stay so that it doesn't look intentional. It weighs on my conscious because we do have that intention. 

Like you said, we could tell them a generic answer like "on holiday" or "visiting friends and family" even after we've married through Utah? We are not obligated to tell them we are married? I really appreciate you talking to me and laying all this out. I just don't want to get my partner in any trouble, so I want to be as honest as possible to customs (without telling them all of our business of course). 

4 minutes ago, pushbrk said:

If your fiancé can enter the US as a visitor, there's no immigration related reason to use the Utah marriage.  Just get married while he's visiting and he goes home to wait out the visa process.  A person needs no special visa to marry in the USA.  The fiancé visa is for marrying and then staying to adjust status. 

Hi. Yes, we've thought about just doing it like this and are considering that too. I am worried about him telling customs "I am here to get married" and then them having reason to think he'll stay for AOS / think it's weird he's not just doing K-1 and deny him. I suppose they'll think he may stay for AOS if he says "I am here to see my wife", but to my understanding a lot of married people are using tourist visas to see their partners as they wait out the Cr-1 process anyway. 

Hi all, has anyone married through Utah web, then met in person in the USA to consummate (validate) that marriage, then filed for the Cr-1? We're going to do that but I'm worried about them questioning him at the border, and I'm looking for personal experiences from others to see how others have done it. I looked in the forums here but most stories have been about people applying for the tourist visa, and my international partner already has his (plus many ties to his home country). 

We also considered me meeting him in-person to validate the marriage in his home country, but there are many problems to this due to our personal situation. 

8 minutes ago, Family said:

Good to hear you did not lose too much time waiting on K-1. It’s a perfectly sound decision to marry and switch to I-130 so no concerns there. .you don’t need to wait to marry or for a confirmation from USCIS that I-129 F is canceled ( they don’t actually send you anything) . Only fly in the ointment w online marriage is that you can’t file I-130 before he visits ( are together in person to consummate )… even if you married today.  
I would not withdraw the I-129 F at all until you are able to consummate ( meet in person) and file the I-130 . ..an unconsummated proxy marriage does invalidate an I-129 F …

.Full speed ahead and Congratulations. 
 

Thank you for explaining that and for your well wishes! Would we not want the i-129f to be invalidated as soon as possible? We are planning on getting married online in June and consummating in July. I actually was worried that our k-1 wouldn't be revoked in time. 

9 minutes ago, Family said:

If the intent is to marry, and K-1 has already been filed , I still have not read what the reason for withdrawing the K-1 is.
The record will remain something that WILL INDICATE the relationship still exists , but we are withdrawing the I-129 F “ cause it’s not fast enough, don’t want problems traveling, want to get married and file an I-130?….or.). NONE of those reasons will make a POE Officer more comfortable…than simply disclosing that WE ALREADY HAVE a properly filed K-1 and are pursuing the legal path and I am entering for short period to visit.

 

How long has your I-129 F been pending? ..you lose all that time and start from zero when filing an I-130 Why are thinking it will help to withdraw? ( I know it’s semantics but you get to “ withdraw” and only USCIS gets to “ revoke”) If you have a good case and even a tough consulate, you can just prepare a good packet for his interview and even plan to fly there for the interview so he can tell the officer, my fiancée is outside waiting for you to approve us. 
 

 

 

Our reason is we are two months into the K-1 process and found out that certain things aren't the way we thought they were, and the Cr-1 is the best for us. He has a job in South Africa, he has family that relies on him there, and he goes to school there. I don't feel, with all that, there are causes for alarm just because we have been married online and have a withdrawn i-129f. I have no problems with him telling the customs officer, "Yeah, we withdrew our K-1 because of processing times, we got married online and I'm here just to visit." People with pending Cr-1's successfully use their tourist visas to go see their spouses. Do you see any new concerns with that? 

2 hours ago, ROK2USA said:

Issue is they might suspect fraud as OP's partner has a pending K1 petition on file. 

If he enters and they ask him the reason for his visit he needs to reply "I'm planning on getting married" If that is the purpose of his visit. 

This could lead to a denial. 

Same thing could happen if he enters on B2 and when asked why he is visiting he replies "to see my wife". They see he has a K1 on file and say "you can't enter because we suspect you plan to adjust". 

Good point. We're revoking our pending k-1 and not planning on doing anything else until we get confirmation that it's been revoked 

2 hours ago, blchaddy said:

Neither is fraud. It would only be fraud if you intended on having him adjust status while here to permanently stay in the US. 

Thank you. The post i had been responding to really scared me so I appreciate you clarifying. 

Just now, ROK2USA said:

Married or not married. 

Your partner could have the same issue when he visits you on the B2 visa. 

He will probably be fine. But, if you are worried why take the chance?

Do not get married in South Africa. 

I've heard it sometimes takes couples a few months (up to a year) to receive the unabridged marriage certificate (needed at NVC). 

Get married via Utah and then make sure you can visit somewhere before filing the I-130. 

If you can visit him in South Africa, I would do that. 

 

We wanted me to come visit him in South Africa, but our personal schedules are making that difficult. It would be easier if he visited me, but I will keep your words in mind. There's always a risk of using a tourist visa, I'm comfortable though because he's visited successfully before and he has many ties to his country. 

3 hours ago, Jorgedig said:

It sounds like you are planning for him to travel here on a non immigrant visa, marry, and adjust.  This is 100% FRAUD.  Do not do it.

 

You already have the process of doing it legally, via K-1, in the works.  Why do you now want to change that?

Is the process of him coming here on a tourist visa, us marrying in person, and then him going back to his home country what you're referring to as fraud? I agree with you. I dont see how marrying in Utah online and then him using a tourist visa to regularly visit is fraud. 

2 minutes ago, JeanneAdil said:

The CBP will decided if he/she thinks the person has intent to stay and marry on a tourist visa

if CBP assumes the intent is to stay and AOS here in US ,  he can be turned away at POE

 

So,  much easier (in terms of the CR1 petition ) if the USC travels to consummate the marriage or to marry in  his country to avoid any issues 

 

Yeah that's exactly what I was thinking. Thank you 😊 

2 hours ago, Crazy Cat said:

There is no 90 day rule.  Does he have a tourist visa?   If so, yes, he can come to the US after the wedding to consummate the marriage, then return to his country....but every entry is at the discretion of CBP at the border.  He could also come to the US for the purpose of marrying, then going back to his country to wait out the spousal visa processing wait.  It is perfectly legal to marry after entering as a tourist.  It is not legal to enter the US as a tourist with the intent to stay and adjust status.

 

The advantage I see for a Utah marriage in your situation is that once the marriage is consummated, USCIS will recognize the marriage as of the date on the certificate.  It is advisable for a spousal visa holder to enter the US after 2 years of marriage, if possible to obtain a 10 year green card.  Good luck. 

Thank you for taking the time to respond. It seems to me we will have to make the case that he will return to his country either way. Is it any easier to make that case by doing it a certain way? I'm leaning toward Utah only because everything I'm seeing online says the penalties can be hefty if the government has a problem with us marrying while he's on a tourist visa. I saw one source saying marrying a US citizen is considered intent to immigrate regardless of if we file AOS while he is here 

23 minutes ago, JeanneAdil said:

what is his country?

South africa :)

Hi guys,

My fiance and I are so confused and would really appreciate some advise.

We are original K-1 filers, planning on revoking our i-129f and filing the Cr-1. Because of our personal situations, it would be hard to get married in my fiance's home country. And obviously, it would be a bad idea for him to come visit the US on his tourist visa and us getting married then. We don't have the time to wait out the 90 day rule, and I don't want to be walking on thin ice.

We are considering going through Utah, which some sources say is considered as good as an in-person marriage and some sources say we still need to "consummate" the marriage after. It would be hard for me to go visit him at this point to do that. We could wait for a better time. I'm asking if it would be okay for him to come visit on his tourist visa for the purpose of consummating the marriage, or if he will be turned away. He has sufficient ties to his home country via family, school and work. And I don't foresee this being a problem since traditionally married people with pending Cr-1's are allowed to visit the US on tourist visas. I just want to cover all my basis so I'm asking you guys for your thoughts. Thank you so much for reading.