sleepwillalwayscome

Ahh I see - thanks for clarifying!

Twinkle0927

It's based on the age of your marriage on the date that you enter the country with your visa. The "advantage" of IR-1 and having reached the second wedding anniversary by the time you arrive is that you then avoid having to "remove the conditions" on your status (which you do just before the second anniversary of your arrival). So it's cheaper because you avoid one round of USCIS paperwork and fees.

I arrived 2 months after our second wedding anniversary and therefore was issued a 10-year green card.

Next stop - citizenship.

Pulaski

In other words, the processing for an IR-1 and a CR-1 is identical, so you can go through the entire visa process for a CR-1 visa, but if your second anniversary is within the window of the validity of the visa, then if you delay entry to the US until your second anniversary or later, you will get admitted as if on an IR-1 and get a ten year green card from the outset.

zzrmark

Like many others posting on this thread I married on an ESTA visit.
I know that evidence of home ties is something people like to stress and, whilst the evidence of more ties you have the better (apparently), I managed to make repeated three month long visits with no home, rented or otherwise, and as a self employed man of 20 years the say so of my boss ( ) would have carried no weight for an expected date of return to work!
I never had an issue with immigration control, things may not have worked out so well if I were to have rocked up at the terminal sporting the all-year-round tan I now have or the skanky biking leathers that I practically lived in for the 6+ months every year of the 3 years spent in the UK during my transitional period to becoming a PR in the US...

sleepwillalwayscome

Another question that's just occurred to me -

I'm aware that the processing time for a CR-1 visa can be up to about ten months but during that time am I still able to visit the States for short periods on an ESTA as normal or would that adversely affect the visa application?

Thanks again

Pulaski

Your visa application has no impact on using the VWP, and vice versa, no consequences whatsoever.

sleepwillalwayscome

Brilliant - thank you.

Pulaski

You're welcome.

BTW the CBP immigration officer can usually see that you have a visa application in progress, so you will be seen as a lower risk for abusing the VWP, and you have also demonstrated that you know how the visa process works and are "doing it the right way."

MissusMartin

NEVER lie to US Immigration! They do not take kindly to it and honesty really is the best policy. It is legal to marry on an ESTA so no need to be dishonest. I arrived at JFK last month (with my wedding dress as hand luggage) and when asked the purpose of my visit I told the immigration officer I was getting married. He congratulated me, checked my return date to the UK and stamped my passport. It all took less than five minutes. I returned to the UK two weeks later and although plan A was for hubby to come here, it looks like we will go with plan B and I will emigrate to the US in a few weeks instead. Imagine if I had lied...

Rete

How did you get your CR-1 visa so quickly? Or did you marry someone who is not a USC but here on a work visa?

Pulaski

NSS. You realize that nobody here suggested doing otherwise, right?

Nutmegger

Presumably you mean that you will start the process to emigrate in a few weeks.

ChantelandConnor

It is completely legal to do. My husband came here last April on an ESTA, and we got married. The woman who issued our marriage license didn't even bat an eyelid when my now husband pulled out his British passport as identification.
I am very happy that we decided to get married first and file for a spousal visa for several reasons. First of all, I personally believe that marriage is a sacred bond and has made us stronger. This is a long and painful journey and we need all the help we can get! The finance visa will get you in the US faster, but the timeline to actually get your visa that allows you to work/study/etc here is about the same. I have a client whose husband came on a K1 in December and he is still unable to work. I don't know about you, but my husband would have gone stir crazy sitting around unable to work.
My advice would be to file for the CR1 visa straight after getting married. We waited a few months so that I was making enough money for the Affidavit of support, not knowing that you don't have to file that until AFTER your NOA2, which we still don't have and our NOA is from November of 2017. Expect to be apart for a year after you file.
And you can visit on an ESTA again once you are married and have a visa pending. My husband came in April for our 1 year wedding anniversary. Just make sure you have documentation showing that you are going back(a copy of your work contract, bank statements, bills in your name, etc.), and be honest with the immigration officer.

Good luck! It is all worth it for the one you love!

MissusMartin

Yes that is correct. I'll update on here for information.

Pulaski

Not that this has anything to do with visas and immigration, but the then-future Mrs P and I went to the court house to get our marriage license, in a small town in Virginia. We both went fully prepared with our birth certificates, drivers licenses (mine was a British one, but I took it knowing how Americans obsess over DLs for ID purposes), and passports.

We completed the form with our names and information, and the clerk produced a draft for us to review before he printed the actual license. We reviewed the draft, and signed to accept the details. The clerk printed the license, handed it to us, shook our hands and wished us "Have a nice life!"

At no point did he ask for any evidence of our identities.

Maybe it was because it was before 9/11.