Jump to content
Symmetrigirl

Should I apply for a B2 visa to travel to US to marry my PR Fiance?

22 posts in this topic

Recommended Posts

Hi

I'm new to this site and am looking for information. My Fiance became a lawful permanent resident of the USA in October 2013 after waiting 7 years for his F1 visa. He moved there permanently in January 2014 and I went with him, on VWP, and stayed for 84 days. I returned to the UK and revisited in August 2014 and stayed for another 84 days. On entry, I was told by the border official that I may be interviewed next time I come over due to my visit earlier in the year. I returned to the UK in November within the legal time limits and waited 6 months before returning again. My next visit, also on VWP, was in May 2015. I had no problems with the border official, and I stayed for another 84 days.

I have been monitoring the wait times for F2a visas and we are now looking to get married. The plan is to marry in the US, I would return to the UK within the legal time limit and my fiance would file an I130 as the wait time would be shorter than waiting til my fiance can become a US citizen. I am worried I will get refused entry on VWP and also know that it would be fraudulent to enter the country to marry on VWP. My fiance is unwilling to travel to the UK to marry me due to health problems. My question is, would it be a good idea to apply for a B2 visa as long as I could prove that I would be returning to the UK and had no plans to overstay my visa and adjust status.

I want to do everything correctly so it has no impact on our future lives together.

I would be grateful for any advice offered

Many thanks

Share this post


Link to post
Share on other sites

It would be a very bad idea to apply for the b2 imo. If your b2 is denied, which is likely, then you will be unable to travel under the vwp. You can come to the us and marry. File your petition. And while you are waiting return back to the uk.


Spoiler

 

Married December 19, 2014

I-130 Petition sent January 14, 2015
NOA1 date January 20, 2015 (NSC)

NOA2 date May 28, 2015 :dance::dance::dance:

Mailed to NVC June 4, 2015

NVC Received June 10, 2015

NVC Case Number Assigned June 23, 2015

NVC AoS Invoice via Mail June 24, 2015

NVC Selected Agent Over Phone June 30, 2015 (Unable to logon to CEAC)

NVC IV Invoice via email received July 1, 2015

NVC AoS/IV Package Mailed July 2, 2015

NVC AoS & IV Fee Paid Online (CEAC is working) July 6. 2015

NVC Document Scan Date July 6, 2015

NCV AoS & IV Fee marked as paid in CEAC July, 7 2015

NVC DS 260 Completed July 8, 2015

NVC CC July 30, 2015 (24 days after scan date, about 2 months post NOA2)

Interview Scheduled on August 26, 2015

Interview P4 Email Received August 27, 2015

Medical in Islamabad September 2, 2015

Interview Date September 22, 2015 CANCELLED (Embassy is Over scheduled) :cry: :cry: :cry: :cry: :cry:

Interview Scheduled on September 10, 2015

Interview Date October 14, 2015 APPROVED

Visa Issued October 16, 2015, 9 months start to finish

POE JFK October 26, 2015

GC in Hand Jan 8, 2016

RoC I-751 NOA1 August 31, 2017 (Vermont Service Center)

Biometrics October 2, 2017

I551 Stamp in Passport August 2, 2018

18 Month Extension Letter August 3, 2018

Applied for Naturalization N-400 Online July 30, 2018

Biometrics August 23, 2018

10 year GC is in production September 17, 2018

 

 
 
 
 
 
 
 
 
 
 
 
 

Share this post


Link to post
Share on other sites

Hi!

So if I understand well, you want to come to the US to marry (under the visa waiver program) and then go back to the UK?

That's what I did (well except that I went back to France) and it worked. I stayed 2 weeks and we started the paperwork not too long after. We got our approval notice and now our case is at NVC. In other words, it didn't have any impact.

However do not stay after that, since it is considered a visa fraud to come to marry and then apply for adjustment of status.

Good luck.

Share this post


Link to post
Share on other sites

Thanks Syhem LNK


I'm worried about entering the US on VWP again in case I am denied as it will be my 4th trip in a 2 and a half year period, so I was going to apply for B2 to be on the safe side.


How many times had you visited previously before applying for immigrant visa?


I do not intend to stay and adjust status, just get married and return before filing for immigrant visa


Share this post


Link to post
Share on other sites

Thanks Syhem LNK

I'm worried about entering the US on VWP again in case I am denied as it will be my 4th trip in a 2 and a half year period, so I was going to apply for B2 to be on the safe side.

How many times had you visited previously before applying for immigrant visa?

I do not intend to stay and adjust status, just get married and return before filing for immigrant visa

You welcome!

My travels to the US are as follows :

Before we met :

- I studied one year in the US (2010-2011)

- came back for 1 month (2011)

- came back the following year for an internship and stayed 3 months (that's when i met him) (2012-2013)

After we met :

- went in november (2013)

- went back in november the following year (2014) (that's when we got married :) )

I had the same feeling as you, I was really worried. But I think having return flight just a few weeks after you enter, also helps the customs officer know that you don't intend to stay.

I don't want to say for sure that it won't cause any problem cause we never know who will be the officer but entering several times the US in the last years isn't a problem as long as you don't stay more than what you are allowed to. regarding USCIS, what matters for them is knowing that every time, you went back to your country and did not try to do something illegal.

Hope this helped!

Edited by Syhem LNK

Share this post


Link to post
Share on other sites

Thanks Syhem LNK

I'm worried about entering the US on VWP again in case I am denied as it will be my 4th trip in a 2 and a half year period, so I was going to apply for B2 to be on the safe side.

How many times had you visited previously before applying for immigrant visa?

I do not intend to stay and adjust status, just get married and return before filing for immigrant visa

I think what you need to consider is that they don't want you to be "living" in the US as a tourist. If you are worried that you have used VWP for too many days in the US, then why would they say...Ok, Let's give him a 6 month stay so he can have even more time in the US. ??

Had you visited three times for two-week trips, there wouldn't be a worry about VWP. I don't think they would approve your visa, then your VWP privileges would be suspended too because of having a denied visa on your record.


England.gifENGLAND ---

K-1 Timeline 4 months, 19 days 03-10-08 VSC to 7-29-08 Interview London

10-05-08 Married

AOS Timeline 5 months, 14 days 10-9-08 to 3-23-09 No interview

Removing Conditions Timeline 5 months, 20 days12-27-10 to 06-10-11 No interview

Citizenship Timeline 3 months, 26 days 12-31-11 Dallas to 4-26-12 Interview Houston

05-16-12 Oath ceremony

The journey from Fiancé to US citizenship:

4 years, 2 months, 6 days

243 pages of forms/documents submitted

No RFEs

Share this post


Link to post
Share on other sites

I think what you need to consider is that they don't want you to be "living" in the US as a tourist. If you are worried that you have used VWP for too many days in the US, then why would they say...Ok, Let's give him a 6 month stay so he can have even more time in the US. ??

Had you visited three times for two-week trips, there wouldn't be a worry about VWP. I don't think they would approve your visa, then your VWP privileges would be suspended too bec ause of having a denied visa on your record.

I don't intend to live in the US until I'm legally allowed to. I also have a 19 year old who is in full time education in the UK who lives with me and I support financially so it is not possible for me to even try to move to the US just yet.

Should i just book my next trip and travel on VWP as usual and just hope that I don't get refused entry? Would it help if I only stayed for like 3 weeks this time?

Thanks for your input

I don't want to say for sure that it won't cause any problem cause we never know who will be the officer but entering several times the US in the last years isn't a problem as long as you don't stay more than what you are allowed to. regarding USCIS, what matters for them is knowing that every time, you went back to your country and did not try to do something illegal.

Hope this helped!

Thanks thats really positive. I want to follow the correct procedures so it doesn't cause any future problems

Share this post


Link to post
Share on other sites

I don't intend to live in the US until I'm legally allowed to. I also have a 19 year old who is in full time education in the UK who lives with me and I support financially so it is not possible for me to even try to move to the US just yet.

Should i just book my next trip and travel on VWP as usual and just hope that I don't get refused entry? Would it help if I only stayed for like 3 weeks this time?

Thanks for your input

Thanks thats really positive. I want to follow the correct procedures so it doesn't cause any future problems

I don't know your circumstances or exact dates. You have to weigh what you think your odds are. By rough calculation you have spent 45 percent of your time in the US. If you went again now for another 84 days, that might make it 50 percent of your time. Asking for a six month visa could theoretically allow you to spend 58 percent of your time in the US. At some point CBP may think you have spent too much time in the US and could deny your entry. It is a risk you have to assess. There is no written rule. They may trust you more because of your age, financial standing, owning property, having a job, dependent children. But who can spend 50% of their time out of the UK and have strong ties to keep them there? Weigh the odds.

The French girl who replied had valid reasons to be in the US.

Student - 1 year

intern - 3 months

visitor - 30 days

That's not really the same as your percentage of time hanging out with a fiancé.

I only wanted to give you the information that if you apply for a B1/B2 visa and it is denied, your ESTA will automatically be denied after that.

It is perfectly legal to marry in the US and return back to the UK.

Edited by Nich-Nick

England.gifENGLAND ---

K-1 Timeline 4 months, 19 days 03-10-08 VSC to 7-29-08 Interview London

10-05-08 Married

AOS Timeline 5 months, 14 days 10-9-08 to 3-23-09 No interview

Removing Conditions Timeline 5 months, 20 days12-27-10 to 06-10-11 No interview

Citizenship Timeline 3 months, 26 days 12-31-11 Dallas to 4-26-12 Interview Houston

05-16-12 Oath ceremony

The journey from Fiancé to US citizenship:

4 years, 2 months, 6 days

243 pages of forms/documents submitted

No RFEs

Share this post


Link to post
Share on other sites

I don't know your circumstances or exact dates. You have to weigh what you think your odds are. By rough calculation you have spent 45 percent of your time in the US. If you went again now for another 84 days, that might make it 50 percent of your time. Asking for a six month visa could theoretically allow you to spend 58 percent of your time in the US. At some point CBP may think you have spent too much time in the US and could deny your entry. It is a risk you have to assess. There is no written rule. They may trust you more because of your age, financial standing, owning property, having a job, dependent children. But who can spend 50% of their time out of the UK and have strong ties to keep them there? Weigh the odds.

The French girl who replied had valid reasons to be in the US.

Student - 1 year

intern - 3 months

visitor - 30 days

That's not really the same as your percentage of time hanging out with a fiancé.

I only wanted to give you the information that if you apply for a B1/B2 visa and it is denied, your ESTA will automatically be denied after that.

It is perfectly legal to marry in the US and return back to the UK.

Yes, I probably misread. I thought that everytime you went it was for a short period of time (max 1 month). That's why I told you it's not a problem to go every year for a short period of time.

I know a person who did that and didn't have her visa denied but she was applying for a work visa and not for a CR1 visa!!

Personnaly I would not ask for a visa, knowing that we are lucky to have the VWP they will probably think it's weird. Also as Nich-Nick said if they deny your visa it might put you in a more difficult position : not being able to travel with ESTA anymore + during the immigration process, having to specify you were denied entry in the US or that you were denied a visa before.

Did they ever ask you why you were staying long everytime you went? If they never did, I don't see why this time they would... Just enter the US as you usually do, marry and go back to the UK :)

Share this post


Link to post
Share on other sites

I don't know your circumstances or exact dates. You have to weigh what you think your odds are. By rough calculation you have spent 45 percent of your time in the US. If you went again now for another 84 days, that might make it 50 percent of your time. Asking for a six month visa could theoretically allow you to spend 58 percent of your time in the US. At some point CBP may think you have spent too much time in the US and could deny your entry. It is a risk you have to assess. There is no written rule. They may trust you more because of your age, financial standing, owning property, having a job, dependent children. But who can spend 50% of their time out of the UK and have strong ties to keep them there? Weigh the odds.

Thank you I see what you mean about a 6 month visa putting me over the limit for the amount of time I'm allowed to stay. Even my fiance hadn't thought of that one. My main worry was about getting married without declaring my intent when entering the country and whether that would harm my future i130 application.

I appreciate your help.

Share this post


Link to post
Share on other sites

Did they ever ask you why you were staying long everytime you went? If they never did, I don't see why this time they would... Just enter the US as you usually do, marry and go back to the UK :)

They asked me why I was visiting and I just said I was over to visit my boyfriend and his family. They asked if he lived there, how long I would be staying. On my second visit I told the official that I was supporting my daughter through her education so I had to go back and they were ok with that. I suppose I have been quite lucky so far.

Thanks for your advice

Share this post


Link to post
Share on other sites

You can visit on vwp and get marry thats legal, but depart and have hubby file the petition

any visit while pending you should travel with proofs showing ties to your country & be

honest that you are married, don't travel with excess luggage for a visit...applying for B2

is not a good idea

Share this post


Link to post
Share on other sites

Just wondering what you do that allows you so much holiday.

Apply for a B2 and unless you are extremely lucky or have a story that makes sense which you have not divulged will result in a refusal which you then have to declare under ESTA. Chances are that will suspend your VWP privileges for at least 6 months.

Might aslo check to see if you are resident for tax purposes.

You obviously know you are pushing your luck, quite when i will run out is impossible to say.

Marry when visiting is not in itself an issue unless they think you are staying.

Edited by Boiler

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Share this post


Link to post
Share on other sites

I would agree with what all the others have said in this thread. Applying for a B1/2 visa is very risky unless you have a very good reason. I traveled under the VWP a total of 5 times within 3 years, had to endure the secondary investigation 3 times, then applied for a B1/2 visa back home based on what I was told by a CBP officer and lucked out. 10 year multiple entry visa.

I would honestly just wait a few months before going over again. They say that you should stay out of the US for at least the same amount of time that you've spent inside the country. I always did that but still ran into trouble. That doesn't mean that you will, but it's definitely something to consider before looking to fly over again soon.


K-1 Visa Timeline for T&L

 

08/03/15: Sent I-129F

08/04/15: Delivered
08/06/15: NOA 1, Routed to CSC
08/11/15: NOA 1 Hardcopy
08/27/15: NOA 2
09/01/15: NOA 2 Hardcopy
09/??/15: NVC Received
09/20/15: NVC Case Number Assigned
09/24/15: Case forwarded to consulate in Frankfurt, Germany
10/02/15: Case received by consulate
10/02/15: Case Status: Ready
10/10/15: Received Packet 3
05/07/16: Sent Packet 3 back
05/18/16: Received Packet 4
07/08/16: Medical Exam
07/14/16: Interview - APPROVED!
07/15/16: Visa ISSUED!
07/19/16: Visa in hand

 

AOS Timeline for T&L

02/23/17: Sent AOS Package

02/25/17: Delivered

02/27/17: USCIS Received Documents

03/07/17: NOA 1 Texts + Emails 

03/10/17: NOA 1 Hardcopies

03/18/17: Biometrics Letter

03/30/17: Biometrics Appointment Done

04/26/17: EAD Expedite Requested 

04/27/17: Expedite Request "Completed"

05/02/17: Evidence Faxed to USCIS

05/04/17: EAD & AP Approved

05/08/17: EAD & AP NOA 2's in mail

05/08/17: EAD Combo Card Mailed To Me

05/10/17: EAD Combo Card Received

08/28/17: Service Request Filed with a Tier 2 officer. No new info on my case available

10/20/17: I-485 approved without interview after 236 days

10/25/17: NOA 2 Received

10/27/17: Green Card Received

 

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×