Question about CR1 (spousal) Visa

[kattaway]

Hello everyone. I am new here and have a question. My fiance and I are planning a June 2nd wedding in Texas. I am a USC and he is a citizen of Haiti. My son will be graduating May 31st in Texas so we thought that would be the perfect time to get married since my family and friends will be there. (I currently live in Maryland) - He already has a tourist visa and has visited a few times. I know it is not illegal to MARRY but to intending to stay is considered fraud which we do not have any intent on doing. What I am questioning is, can we marry and he stay here for the 6 months while I submit the CR-1 petition. Once his visa time is up he will go back to Haiti to wait out the process? Or does he have to return to Haiti before I can submit the petition? His job is contractual so he will have time from April 2012 until he signs up for the next job (once he returns to Haiti) so he technically can stay for the full 6 months which would be wonderful to have that much time with him.

Any advice would be greatly appreciated!

[nichole]

All that you outlined is legal. Whether he is allowed in by the immigration authorities is up to the guy on the desk that day. Having a visa isn't guaranteed admission. Volunteering "I'm here to marry a US citizen" probably isn't wise. "I'm here for vacation and to attend a high school graduation" is true and safer. Has he ever been questioned before? Has he stayed the full 6 months before? A return ticket for a shorter visit would be better. He can always rebook. A copy of the graduation invitation would be good too. He should answer all questions truthfully, but he doesn't have to offer his whole life story unless asked.

In Texas, there is a 3 day waiting period from getting the license to the ceremony. That means a full, by the clock 72 hours. Plan accordingly or find out how to get a waiver from a judge.

[kattaway]

Thanks.... (more)

Thank you Nichole,

No, he has never stayed for more than 9 days. I am originally from Texas and previously married (divorced in 2007) so I am aware of the waiting period. Our plan was to arrive on or about the 28th and obtain the marriage license and marry on June 2nd. My job brought me to Maryland in July of this year. I agree 100% that a shorter ticket will look better and yes, we can always change the flight which we will do. Also, the only time he was ever questioned, was not about his visit here, but he was coming from the Turks and Caicos Islands where we worked and had his daughters passport so they questioned WHY he had this passport. He said he was taking it to Haiti (which is where he was flying back to) to give to his daughters mother. Very simple explanation and that was all that was ever questioned.

I also agree never to divulge extra information. Yes, he will say he is attending a graduation ceremony in Texas and I will see that he has an invitation (thanks, I did not think about that).

So, hopefully, the process will not take too long and he won't be in Haiti for more than a few months! I appreciate your feedback!!