B2 Visa visiting my BF in US. Shall we marry here or wait for K1

[coffeejazz 0]

Hello everybody!

 

I've been coming and going to the U.S. since last year (this is my fourth time) to visit my bf. Now I've been in the US for almost 4 months and 1/2 now, and planning to stay until almost the expiration of my I-94 (6 months).

 

My boyfriend and I just decided to get married. My doubt is: what is better for me to do? We thought about applying now for the K1 visa, I go back and wait in Brazil.. But it's like 6-8 months to get this approval + schedule for interview there, is that right? We didn't want to stay away that long, because for him is kind of hard to go visit me, because of work. So, is there any other option? If I marry here and apply for a B2 extension, is that a possibility?

I don't want to do anything that can go wrong..

 

Thank you!!

 

Edited August 9, 2017 by arqbeatriz

[Unlockable 7,306]

You can stay and apply for adjustment of status now that you are already in the US. Here is a guide to help you with the steps ... http://www.visajourney.com/content/i130guide2

 

Keep in mind that you will not be able to leave the US or work until you have authorization, which could be a few months.

[Becci391 339]

You can stay and apply for AOS but you are not allowed to work until you get your work permit in the mail.

 

Edited August 9, 2017 by Becci391

[coffeejazz 0]

Great, thank you! So do you think Is OK to adjust status on this situation?

 

Me and my bf have funds and can prove it. Actually I think only last time I entered in the U.S. the officer asked me more information about how can I support myself travelling and I explained that I work online for a company in Brazil + I have investments. And he asked me if I had a boyfriend here and I said yes. 

My concern is: if there is any possibility to be considered a visa fraud or something else bad, I won't do it, and prefer to wait in Brazil. I also have italian citizenship, I don't know if this helps me anyway somehow..

 

Thank you so much!!

 

Edited August 9, 2017 by arqbeatriz

[Coco8 1,039]

2 minutes ago, arqbeatriz said:

Great, thank you! So do you think Is OK to adjust status on this situation?

 

Me and my bf have funds and can prove it. Actually I think only last time I entered in the U.S. the officer asked me more information about how can I support myself travelling and I explained that I work online for a company in Brazil + I have investments. And he asked me if I had a boyfriend here and I said yes. 

My concern is: if there is any possibility to be considered a visa fraud or anything bad, I won't do it, and prefer to wait in Brazil. I also have italian citizenship, I don't know if this helps me anyway somehow..

 

Thank you so much!!

 

 

"Funds" don't matter. Once of the forms is about financial sponsorship and your boyfriends needs to be making roughly 20,000 a year to be able to sponsor you. Otherwise, you'll have to find a co-sponsor.

 

Start with the paperwork now, even if you are not marrying yet, because you'll have to put together a lot of stuff for your package.

 

AOS in the US is not bad as long as you marry and send the paperwork before your i-94 expires. You don't want to overstay and then, decide not to marry, and that will get you in trouble.

 

 

Edited August 9, 2017 by Coco8

[coffeejazz 0]

4 minutes ago, Coco8 said:

 

"Funds" don't matter. Once of the forms is about financial sponsorship and your boyfriends needs to be making roughly 20,000 a year to be able to sponsor you. Otherwise, you'll have to find a co-sponsor.

 

Start with the paperwork now, even if you are not marrying yet, because you'll have to put together a lot of stuff for your package.

 

 

Oops, sorry. That's what I meant, we can support ourselves financially.  

Actually, we are with the documents and the application ready for the K1, but just occurred us if there is a (secure / fast) way to not be apart for so long..  Thank you!

Edited August 9, 2017 by arqbeatriz

[geowrian 22,336]

28 minutes ago, arqbeatriz said:

Great, thank you! So do you think Is OK to adjust status on this situation?

Yup, it's no problem. Intent was established at POE so there's no issue and nothing you need to "prove" about intent.

Edited August 9, 2017 by geowrian

[coffeejazz 0]

Great, thank you!!

If we decide to adjust my status here, we shall rush to get married and send this documentation right after (but before my I-94 expires [that will be in september 26th])?

Or can we send the documentation before (like this week of the next) and have time to plan the wedding. Will my status change right after we send it? (like a fiancée status or something)

 

Edited August 9, 2017 by arqbeatriz

[geowrian 22,336]

Just now, arqbeatriz said:

Great, thank you!!

If we decide to adjust my status here, we shall rush to get married and send this documentation right after (but before my I-94 expires [that will be in september 26th])?

Or can we send the documentation before and have time to plan the wedding. My status will change after we send it?

You must be married first to file for AOS. Once you file for AOS, you will have authorized stay (not a legal status, but allows you to stay in the US) while your case is pending. You will need to concurrently file the I-130 + I-485 (and file an I-765 and I-131 for an EAD and AP). It's all in the guide linked above. Just note that it's slightly outdated...the G-325As are no longer needed, but an I-130A is now also needed for the I-130. Be sure to read the instructions on the USCIS site for each form.

[coffeejazz 0]

Thank you so much for all the information. I really appreciate it.

Have a great day! =D 

[geowrian 22,336]

You too. Best wishes.

[EmilyW 1,226]

Wise heads may have a better view of this, but you're working while on a tourist visa and plan to continue working?  That's a grey area I believe, even if the company is not in the US.

[coffeejazz 0]

12 minutes ago, EmilyW said:

Wise heads may have a better view of this, but you're working while on a tourist visa and plan to continue working?  That's a grey area I believe, even if the company is not in the US.

Yes, Emily. I even told this to the immigration officer at the airport.. So he asked how was that, what kind of work was it (since I am an architect, he thought I had to go to construction sites). And I told him is a 3D rendering company, everything is in the computer, so doesn't really matter where I am. But yes, may sound kind of awkward, so I don't know..  

[Coco8 1,039]

57 minutes ago, arqbeatriz said:

Great, thank you!!

If we decide to adjust my status here, we shall rush to get married and send this documentation right after (but before my I-94 expires [that will be in september 26th])?

Do a quick court wedding and send everything before the i-94 expires. It has happened on VJ that people get cold feet or they have an emergency and have to leave the country, but they had let the i-94 expire and then you end up with huge problems. Basically, no B2 because you violated the visa by overstaying and a 3 or 10 year ban depending on how long the overstay was.

 

57 minutes ago, arqbeatriz said:

 

Or can we send the documentation before (like this week of the next) and have time to plan the wedding. Will my status change right after we send it? (like a fiancée status or something)

 

 

You have to send the marriage certificate with the paperwork so you have to get married. You can get married twice. Like one be a court ceremony and then have a sham/religious ceremony and have people over. 

 

There is no fiance status. You will be married. But you will be in limbo until you get your work authorization (you have to send a form for that). 

 

Read the guides on the forum 

 

 

 

Edited August 9, 2017 by Coco8
typo

[zilchfox 296]

I believe working is fine, as long as your payroll is from a different country and being deposited into that same countries' bank account, as you're technically not illegally displacing any U.S. workers and still working for your same employer right now, just remotely. For example, I'd get sent down to California for training for three weeks from my company, all expenses paid. As a Canadian, we're auto-granted B2 entry without needing to apply for a visa, as long as we have a passport, so similar situation. While yes, I still would get paid during my time in California, they are simply tracking my hours back in Canada and paying me based off of the Canadian payroll into my Canadian bank account, not the U.S., and this is perfectly fine on a B2.