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Symmetrigirl

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

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Filed: Country: United Kingdom
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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

I always take proof of my assets with me when I travel as well as documents showing outstanding loans and household bills just in case I get questioned but so far I havent.

I don't plan to return for another 6 months anyway but when I do I will also take documents showing my daughter's enrollment in college.

Thanks for your input.

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Filed: K-1 Visa Country: Wales
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So you have no ties. Just wondering what having a daughter enrolled in college has to do with the price of fish?


I don't even know what the issue is even if they knew you were coming to get married.....you couldn't even stay adjust "unplanned" anyway...your fiance is a lpr.

But could become a Citizen at which point she would adjust.

“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.”

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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

Hello Symmetrigirl - here is our story for what its worth - it may or may not encourage you: before we legally married, my husband and I were in a transatlantic relationship. I am the LPR. Initially (like you) he came on visa waiver....often and regularly! Then he wanted to stay longer than 90 days so he applied for a visitors visa. He got 10 year B2 visa and he started coming and spending 5-6 months here and the remaining time in UK. This was for at least 2-3 years (we only realized how often and how long he visited me when we filled out the DS-260).

Anyway, we finally decided to get married on one of his B2 visits to the US. (US immigration did not dictate when we felt our relationship was ready for that step - we did). My husband was really concerned that getting married would stop him from entry into the US while his GC application was pending...which would be about 2 years...but we married anyway and on the same day we married, he flew back to the UK! Anyway, it was difficult to stay apart and my husband took a chance and bought a ticket to US and entered under B2 about 4 months later. Everyone said that he would be denied entry - he was not. He has visited me twice altogether since we submitted our GC application - the last trip being for 6 months.

Like all the other times that he has visited prior to the GC application, he does get stopped and questioned. It is stressful. It is inconvenient...but it is what it is for the decisions we have made. We concluded that my husband was able to visit so frequently with a GC pending because he travelled on a Visa and not on VW. Additionally, thanks to the horrendously long wait at Vermont, we did not get an approved I-130 for almost 16 months so I'm guessing nothing was showing up in the system when he traveled to the US. For us, it was well worth getting the B2 visa. He had less ties than you do to the UK (no property, no children, and frequent US visits) and they issued him the B2 anyway.

So I say go for it!

All the best of luck to you with whatever decision you make.

Priority Date - December 2, 2013

USCIS -

12/02/13 : NOA1 (Priority Date)

03/24/15 : Case Transferred from VSC to CSC

03/28/15 : Hard copy of transfer received in mail

04/14/15 : NOA2 ( I-130 Approved) - finally! (informed via text on 4/16/2015)

NVC -

04/29/15 : NVC received the case (informed during phone call to NVC on 5/01/2015

05/08/15 : Case number assigned and IIN (received via phone call on 5/14/2015)

05/12/15 : NVC Welcome letter mailed

05/19/15 : NVC Welcome received in mail

05/29/15 : DS-261 Finally Available on CEAC and completed

05/29/15 : AOS bill Available on CEAC and paid (status: IN PROCESS)

06/02/15 : AOS bill status: PAID

06/15/15 : IV invoice generated (notified by email) but unable to pay on CEAC...waiting...

07/05/15 : IV bill Finally Available on CEAC and paid (status: IN PROCESS)

07/08/15 : IV bill status: PAID

07/08/15 : DS-260 Available

07/12/15 : DS-260 completed and submitted

07/13/15 : AOS and IV package mailed to NVC

07/14/15 : AOS and IV package received by NVC

07/16/15 : Scan Date

07/28/15 : CASE COMPLETE - NO checklist! :dancing::dancing::dancing:London...here we come...!!

08/04/15 : CC Email received...waiting for Interview Letter....

08/11/15 : Interview letter (IL/P4) received ...interview date 9/11/2015! :dancing: :dancing::dancing:

EMBASSY -

08/11/15 : Case Shipped to embassy

08/12/15 : Case Arrived in UK (tracked on DHL website)

08/12/15 : Medical completed

08/14/15 : CEAC showing IN TRANSIT

08/18/15 : CEAC showing READY

09/11/15 : Interview date (initial)

09/08/15 : Interview date (rescheduled on 8/18/2015) - APPROVED :)

xx/xx/15 : Visa in hand
xx/xx/15 : POE....Dulles airport!

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Filed: K-1 Visa Country: Philippines
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So you have no ties. Just wondering what having a daughter enrolled in college has to do with the price of fish?

But could become a Citizen at which point she would adjust.

True but in this case that doesn't seem easy or convenient....the reason why most people choose to do that. Either way all they can do is try and see what goes.

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Filed: Country: United Kingdom
Timeline

Hello Symmetrigirl - here is our story for what its worth - it may or may not encourage you: before we legally married, my husband and I were in a transatlantic relationship. I am the LPR. Initially (like you) he came on visa waiver....often and regularly! Then he wanted to stay longer than 90 days so he applied for a visitors visa. He got 10 year B2 visa and he started coming and spending 5-6 months here and the remaining time in UK. This was for at least 2-3 years (we only realized how often and how long he visited me when we filled out the DS-260).

Anyway, we finally decided to get married on one of his B2 visits to the US. (US immigration did not dictate when we felt our relationship was ready for that step - we did). My husband was really concerned that getting married would stop him from entry into the US while his GC application was pending...which would be about 2 years...but we married anyway and on the same day we married, he flew back to the UK! Anyway, it was difficult to stay apart and my husband took a chance and bought a ticket to US and entered under B2 about 4 months later. Everyone said that he would be denied entry - he was not. He has visited me twice altogether since we submitted our GC application - the last trip being for 6 months.

Like all the other times that he has visited prior to the GC application, he does get stopped and questioned. It is stressful. It is inconvenient...but it is what it is for the decisions we have made. We concluded that my husband was able to visit so frequently with a GC pending because he travelled on a Visa and not on VW. Additionally, thanks to the horrendously long wait at Vermont, we did not get an approved I-130 for almost 16 months so I'm guessing nothing was showing up in the system when he traveled to the US. For us, it was well worth getting the B2 visa. He had less ties than you do to the UK (no property, no children, and frequent US visits) and they issued him the B2 anyway.

So I say go for it!

All the best of luck to you with whatever decision you make.

Thank you for your story. You have been really lucky to be able to visit so many times going by the stories of others. I hope we can be as lucky as you. I'm going to get some professional advice on this as I am so worried about making the wrong decision. Your story has given me hope.

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