B1/B2 or H1B visa holder get married in US

[elephant3 0]

can I get married if I use B1/B2 or H1B visa to travel to the US? or is K1 or a similar visa the requirement? I met a girl a couple of years back during my previous visits and we are thinking of getting married. I'm a B1/B2 visa holder and might have H1B by the time we will get married. Happy to hear your opions

[JayJayH 546]

You can get married on any visa.

If you intend to stay and adjust status after the wedding, K-1 is the only appropriate visa.

[apple21 953]

can I get married if I use B1/B2 or H1B visa to travel to the US? or is K1 or a similar visa the requirement? I met a girl a couple of years back during my previous visits and we are thinking of getting married. I'm a B1/B2 visa holder and might have H1B by the time we will get married. Happy to hear your opions

If girl is a US citizen, she can file K1 so you can legally enter the US with intent of marriage AND adjusting status.

Entering the US on a B1/B2 visa with the intent of using it for things other than its purpose, is visa fraud.

Edited November 10, 2013 by apple21

[SennaBrigante 92]

I got married on a tourist visa but I had to fly back home while my husband filed my CR-1 petition. In our case though, I got pregnant and we got married as a result to make sure the baby is legit when born here. I can confidently say to any consul that I didn't enter the US with the intention to get married or get pregnant.

If you enter the US with the intention to get married, you could be flagged for visa fraud. If the CO at your POE asks for your reason of travel and you lie and get caught lying, you could be flagged for visa fraud. Your safest bet is to go the K-1 visa route so tell your girl to initiate it ASAP so you can fly there ASAP. Good luck

[elephant3 0]

Thanks everyone for the replies.

How do I change my visa then? Do I just apply like when I was getting my B1/B2? Is the info on USCIS site?

Does K1 allow me to do business in the US like B1? As much as possible I dont want to quit my job (wedding is a big expense as everyone knows! ) or is quitting the only way to make this work?

[JayJayH 546]

Thanks everyone for the replies.

How do I change my visa then? Do I just apply like when I was getting my B1/B2? Is the info on USCIS site?

Does K1 allow me to do business in the US like B1? As much as possible I dont want to quit my job (wedding is a big expense as everyone knows! ) or is quitting the only way to make this work?

B1 does not allow you to work! It allows you to attend business meetings, conferences, visit clients etc, but no work. You cannot work on a K1 either. Unless you have an online business in your country, you cannot work in the US until after you're married. If you have been in the US before on a B1 and worked, this has been illegal work.

The K1 can only be applied for if there is a approved I-129f petitions your fiance in the US will file the I-129f with the USCIS. Once approved, the petition is forwarded to the embassy in your country, where you can apply. Once issued, the K-1 allows you to enter the US with intent to marry and stay. You have to get married within 90 days of arriving.

After the wedding, you file for adjustment of status from K-1 to permanent resident. This takes about six months.

Edited November 10, 2013 by yang-ja

[elephant3 0]

Thanks yang-ja for the reply. I didn't say I worked during my previous visits. To reiterate, I said "to do business" since I attend business meetings and some requirements gathering so I could do my work once I get back. I only mention work in the sense of "to make this work", like get married without quitting my job (my job requires me to have B1/B2 since I travel at times). But thanks for the clarification. Now I know that I really have to quit since I need to switch to K1 but we need to do all those paper works you've mentioned in order to apply. Thanks again!

[Hank_ 9,173]

Thanks everyone for the replies.

How do I change my visa then? Do I just apply like when I was getting my B1/B2? Is the info on USCIS site?

Does K1 allow me to do business in the US like B1? As much as possible I dont want to quit my job (wedding is a big expense as everyone knows! ) or is quitting the only way to make this work?

No a K-1 will not allow you to do business in the U.S..

I would recommend the following:

It is fine for you to get married in the USA while there on business if that is your choice with your B1 visa as long as you leave the country as related to your B-1 visa, it is not fine to stay and try to Adjust Status.

You can then start the petition process to apply for a CR-1 visa, during the petition process you should still be able to use your B-1 visa. Once the petition is approved you will then do the CR-1 visa application, once that is approved your B-1 visa will be cancelled and you will travel to the USA with your CR-1 visa. After arrival you will receive your green card and SSN card so you will still be allowed to work.

[Darnell 8,478]

i think your label of 'switching the visa' is problematic.

Yer lass can file for a I-129F petition anytime, and it does not invalidate your B1 visa until K-1 visa interview day in the PI, usually 6 to 13 months after filing the I-129F.

So, understand the amount of time it takes to get a K-1 (or even a CR-1) and don't let 'a new visa type' slide into 'switch the visa', as you really are not 'switching the visa'. There's no such thing.