Marrying while being in the US on b1/b2 visa

[Kailey 3]

Hi Everyone,

i have a story like most of you - we want to get married and want to make it fast and legal.

I have a question as I see a marriage variant that seems so obvious and simple to me but since i can't see many people using this approach i started to doubt if it is really as easy/legal as it seems:

what if i arrive with my b1/b2 visa (it's a multi entry visa type valid for 2 years. this visa is for tourism and business visits (non working visa though)) and we get married in the US? Will it be ok with the US authorities?

Neither my fiancee nor me want any violations or problems, we are lawful, i have a perfect visa history and definitely don't want any illegal immigration issues.

if any has any information or experience in getting married that way - please share.

one more question - if i get married during a visit with b1/b2 visa and then return home and then travel to the US again - will i be admitted on my b1/b2 visa?

does applying for K1/K3 visa automatically cancel my b1/b2?

Thank you in advance,

kailey

[blue123 0]

Hi Everyone,

i have a story like most of you - we want to get married and want to make it fast and legal.

I have a question as I see a marriage variant that seems so obvious and simple to me but since i can't see many people using this approach i started to doubt if it is really as easy/legal as it seems:

what if i arrive with my b1/b2 visa (it's a multi entry visa type valid for 2 years. this visa is for tourism and business visits (non working visa though)) and we get married in the US? Will it be ok with the US authorities?

Neither my fiancee nor me want any violations or problems, we are lawful, i have a perfect visa history and definitely don't want any illegal immigration issues.

if any has any information or experience in getting married that way - please share.

one more question - if i get married during a visit with b1/b2 visa and then return home and then travel to the US again - will i be admitted on my b1/b2 visa?

does applying for K1/K3 visa automatically cancel my b1/b2?

Thank you in advance,

kailey

Yes you can come over and get married in the US this is not a problem if you return to your home country. If you come over with the intention of getting married and staying this is illegal.

You should still be able to come over with your B1/B2 visa while things are being processed as long as you can prove on entry strong ties to your home country and they accept you are indeed just visiting.

[Kailey 3]

thank you for reply! that gives hope.

i posted my question and then read some of the forum stories and my heart sank to be honest - people wait for 6-8 months!!

just one thought that bothers me a bit - if it's really such a simple and obvious thing (going to your spouse on b1/b2 and marrying also by just being on b1/b2) - why do people here wait for K1/K3 for months ...

[LoveMyTico 999]

thank you for reply! that gives hope.

i posted my question and then read some of the forum stories and my heart sank to be honest - people wait for 6-8 months!!

just one thought that bothers me a bit - if it's really such a simple and obvious thing (going to your spouse on b1/b2 and marrying also by just being on b1/b2) - why do people here wait for K1/K3 for months ...

B2 Visa's are not that easy to get. B2 visa's are for tourism, NOT TO GET MARRIED.

I got married in Nov 2007. It took 5 months to get my marriage cert so I could file the I-130 and I-129F. It took the USCIS 8 1/2 months to review and approve our petitions. Another month to go through NVC and get the interview out of the way. We need to file waivers, so I am looking at another year of processing.

If you only have to wait 6 months for your petition to be approved, consider yourself lucky.

THink about all the people on this forum who are filing the correct way ( I-130, K1 or K3) and then they hear of someone who wants to get married on a tourist Visa and bypass all the USCIS garbage. People wait for months because that is the legal proceedure.

[canadian_wife 1,823]

thank you for reply! that gives hope.

i posted my question and then read some of the forum stories and my heart sank to be honest - people wait for 6-8 months!!

just one thought that bothers me a bit - if it's really such a simple and obvious thing (going to your spouse on b1/b2 and marrying also by just being on b1/b2) - why do people here wait for K1/K3 for months ...

We wait because we are following the legal process. Like esposadetucho said, a tourist visa is for tourists to visit, not to get married and stay.

It is perfectly legal to come to the US on your tourist visa and get married. Stay for as long as the CO allows then return to your home country to finish the process.

As for being admitted after marriage, that is up to the CO. You can certainly use your B1/2 visa but being granted entry is not a guarentee.

Good luck.

[Kailey 3]

THink about all the people on this forum who are filing the correct way ( I-130, K1 or K3) and then they hear of someone who wants to get married on a tourist Visa and bypass all the USCIS garbage. People wait for months because that is the legal proceedure.

- If it is legal - than it's a good thing and must be used. if it is illegal than we won't use that way. but if it is perfectly legal it would be a bit stupid not to use it, don't you think?

[Kailey 3]

Thank you for reply.

I hope that our case will go smoothly and i wish all the people on that web site to have their cases approved in the quickest way!

[LoveMyTico 999]

THink about all the people on this forum who are filing the correct way ( I-130, K1 or K3) and then they hear of someone who wants to get married on a tourist Visa and bypass all the USCIS garbage. People wait for months because that is the legal proceedure.

- If it is legal - than it's a good thing and must be used. if it is illegal than we won't use that way. but if it is perfectly legal it would be a bit stupid not to use it, don't you think?

I'm not sure 'STUPID' is an accurate word. watch what you say....

If you want to chance getting married and and then try to bypass the legal process.... more power to you..... IF you get denied entry on your B2 after you get married, you will have to explain the deniial in your interview..... You may not get denied, but I know a few couples who married and filed the proper papers and when they try to return to the US on the B2.... they got denied. It caused HUGE problems at their interview and caused more delays.

Im not sure if you think you have some bright idea that no one ever thought of......... But everyone on this forum is/has followed the LEGAL process and they are waiting or have waited however long it takes.

[Gemmie 142]

People give her a break, she's not doing anything wrong by using a tourist visa to get married. It's no different than people from Canada/England travelling to the U.S visa-free and getting married - THEN GOING BACK TO THEIR HOME COUNTRY.

She never stated anything about staying in the U.S - in fact, she said she would leave and come back for visits in the future.

To the OP, people wait months for a K1 because it means you can marry and stay in the U.S without having to leave. People wait for a spousal visa when they're already married because it means they can join their spouse in the U.S without having to leave. The key is LIVING there, not marrying.

[Kailey 3]

Gemmie, thank you for reading what i was writing . I go from hope to despair here and back to hope.

Esposaditucho, maybe my English is confusing, sorry. I'm not a native speaker. The word 'stupid' was actually not personal but used in a general phrase and actualy about myself, please read my messages. Same thing about my question. And i wrote clearly that noone is going to violate anything. I read USCIS site, i saw an option, i wanted to use it. I came to ask for opinion, help and experiences of others. If you think it is not right - i respect your opinion, but please don't add to my words sth that was not there.

[Reba 2]

- If it is legal - than it's a good thing and must be used. if it is illegal than we won't use that way. but if it is perfectly legal it would be a bit stupid not to use it, don't you think?

That's the thing though Kailey, it is not entirely legal, and you leave yourself open to possible denial of adjustment of status and deportation with no avenue of appeal, and then bannishment.

Yes it happens every day that people come to the US and lie to officials about their reason for being here. Then they apply to adjust status, their lie is found out, then they're sent packing.

Your choice if you want that possible outcome to your marriage, of if you'd rather do it the entirely legal way and wait it out in your home country.

[Kailey 3]

- If it is legal - than it's a good thing and must be used. if it is illegal than we won't use that way. but if it is perfectly legal it would be a bit stupid not to use it, don't you think?

That's the thing though Kailey, it is not entirely legal, and you leave yourself open to possible denial of adjustment of status and deportation with no avenue of appeal, and then bannishment.

Yes it happens every day that people come to the US and lie to officials about their reason for being here. Then they apply to adjust status, their lie is found out, then they're sent packing.

Your choice if you want that possible outcome to your marriage, of if you'd rather do it the entirely legal way and wait it out in your home country.

Reba, that makes sense what you are saying.

Ok, then do you know if applying for K1 annuls automatically the existing b1/b2? Or i still can come to visit my fiancee while the K1 is being processed? Of course it's about visiting and returning back home in time.

[canadian_wife 1,823]

You can still use your B1/2 visa, it's being admitted that is not a guarantee.

Filing a K-1 does not cancel the B visa. Just remember not to overstay.

Good luck

[trailmix 77]

Kailey I think it's great that you can navigate through this thread when I think at least a few people misunderstood your intention (or maybe I did). My understanding of what you want to do:

1. Go to the U.S., using your B1/B2 visa and marry your fiance.

2. Apply for either a K3 or CR1 visa.

3. Wait as long as you can in the U.S. while this visa is being processed (again, using the B1/B2 visa to stay legally)

4. If the visa has not finished processing and your B1 runs out, you will return to your home country and wait for your interview there?

Plus folks, never once did she say that she wanted to get married in the U.S. and adjust status there.

As long as you don't overstay your B1/B2 and you keep in mind that you will have to return to your home country for your interview, that shouldn't be a problem.

Edited May 14, 2009 by trailmix

[Jon&Lindsey 0]

Kailey I think it's great that you can navigate through this thread when I think at least a few people misunderstood your intention (or maybe I did). My understanding of what you want to do:

1. Go to the U.S., using your B1/B2 visa and marry your fiance.

2. Apply for either a K3 or CR1 visa.

3. Wait as long as you can in the U.S. while this visa is being processed (again, using the B1/B2 visa to stay legally)

4. If the visa has not finished processing and your B1 runs out, you will return to your home country and wait for your interview there?

Plus folks, never once did she say that she wanted to get married in the U.S. and adjust status there.

As long as you don't overstay your B1/B2 and you keep in mind that you will have to return to your home country for your interview, that shouldn't be a problem.

That's how I read it too. The K1 (fiance) visa is generally quicker than the K3/CR1 (spousal) visa, so that is a possible reason people may apply for this rather than marrying first and applying for a spousal visa. It also depends whether you mind having time apart while married (if you enter on the B1/2, marry, leave before your stay expires, wait for K3/CR1 approval to enter the US and stay with your husband permanently) or whether you'd rather not marry until you can be together from the start of your married life (by filiing the K1, visiting with the B1/2 while in progress, then entering with the K1, marrying within 90 days and staying). There is nothing wrong with marrying while on the tourist visa as long as you leave before your stay expires, but many choose to only marry on a K1 for reasons such as those I mentioned. If you were saying you wanted to enter with the tourist visa, marry and stay, that would be visa fraud (since you are using a non-immigrant visa to immigrate and get round having to get the correct visa), but I don't think that's what you meant.