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HELLO
I am new. I am grate I found this very useful website.
But I couldnot find out an answer for my question. or I didnot see that
My situation is I come to US two times. At first time I stayed US for 18 months for my training.When I met my boyfriend. Now I am in u s with my B2 visa at second time. My boyfriend wants to get married . Can we get married now when i am in US ?? or I need to apply for K1 visa ?? If we can get married now, can I apply for K3 visa after we get marriage license? where should i wait for K3 visa? I have to leave US,donot I?

Thanks for look at this and your consideration.

If you entered the country WITHOUT the intent to marry your boyfriend and stay here, then you can marry him now while you're both in the U.S. and then file your papers to adjust your status.

DO NOT LEAVE the United States after you marry him until you file the appropriate paperwork and receive either your green card or what is called "Advanced Parole" to travel to and from the U.S.

Where you may run into problems: you will have to show that you did not enter on the B2 as a way to cheat the system and avoid the wait times for a fiance or spousal visa. Only you know whether or not you can prove this to the government. If you have just been taken away by love and now want to marry but didn't return to the country specifically to get married (did you lie to the person at the airport who asked why you were coming? or did you not know at the time that your boyfriend would propose?)

Assuming that you committed no fraud get married, file the adjustment of status paperwork and DO NOT LEAVE the U.S. If you entered the U.S. intending to marry him but didn't say so - that is illegal.

But you didn't say you did that so you did not do that, correct?

So go get married you crazy love birds and then file your paperwork and make things square with the government.


Alternatively, you can return to your home country and your boyfriend can either fly there to marry you there and you can file for the K3 (spouse) visa. Or you can return home and file the K1 fiance visa. Check the "Guides" tab at the top of this page for information on those visas.

What exactly do you want to do?

If you want to get married and then leave the USA to follow a CR-1/K3 route, there may be no issue.

If you want to enter the USA on a B2 to get married and stay in the USA with your future husband, that is probably a problem.

She's already in the US.

So, the question would be, did she enter with the intent to marry? Or did this decision to get married come up after she has already entered the country (for the second time)?

TimsDaisy's reply provides good details for the OP to consider.

Read the guide on I 130 for to get insight on intent to marry. I caution those who come on tourist visa with no intent to marry and then marry and want to stay after married.

Best of luck!

hoho,

Taking your questions in order:
- Yes. You can get married whenever you want if you meet the requirements for marriage in the place where you want to marry.
- You do not need to apply for a K1 visa to get married in the USA. That's one approach to immigration, but it's not a requirement for marriage.
- You get a marriage license before getting married. After marriage a K3 visa is one approach to immigration.
- If you do apply for a K3 visa, you can make visits to the USA (or attempt to) but you must live outside the USA until you have the visa.
- The question of whether or not you have to leave the USA should be discussed with an immigration attorney who can explore the details of your specific situation with you and your fiance.

Yodrak

By getting married in the US under a B-2 visa you most likely will jeapordize any chance of getting a visa approval later. They will ask you at the point of entry if you are planning on working, travleing getting marrried going to school etc.

If you say no, and that was your plan all along, then you have commited fraud and can be dissbanned forever.

Do it right, come and visit, go home and apply for the k-1 visa.



Rob and Melinda

That's just not entirely true.

Plus, she's in the US already and didn't mention entering with the intent to marry, either way.


See also, this thread in which someone in a situation similar to yours comments on his experiences with AOS after marrying without a K1 or K3. http://www.visajourney.com/forums/index.php?showtopic=59149