Marrying while being in the US on b1/b2 visa

[Kailey 3]

yes, and i specifically mentioned that we don't want anything fraud.

"It also depends whether you mind having time apart while married" - i think that's still better that way rather than to apply for K1 and not see each other for months. It's better to be married and still being able to visit each other than to remain apart for months waiting for K1.

Thank you, all who answered!

[R de la R 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.

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.

Your B1/B2 is cancelled at the interview level, before printing the K1 in your visa, you can't continue using it for traveling back and forth but you have to show strong ties at the POE. Good luck but I wouldn't recommend this to you. I had B1/B2 visa and we filed for a K1.

[R de la R 2]

yes, and i specifically mentioned that we don't want anything fraud.

"It also depends whether you mind having time apart while married" - i think that's still better that way rather than to apply for K1 and not see each other for months. It's better to be married and still being able to visit each other than to remain apart for months waiting for K1.

Thank you, all who answered!

I would recommend you to read the guides that are here in the website, then you will be able to understand better the whole process.

Don't get offended, but yes it is considered fraud, and you can have a hard time during your status adjustment.

[LoveMyTico 999]

yes, and i specifically mentioned that we don't want anything fraud.

"It also depends whether you mind having time apart while married" - i think that's still better that way rather than to apply for K1 and not see each other for months. It's better to be married and still being able to visit each other than to remain apart for months waiting for K1.

Thank you, all who answered!

I would recommend you to read the guides that are here in the website, then you will be able to understand better the whole process.

Don't get offended, but yes it is considered fraud, and you can have a hard time during your status adjustment.

[Gemmie 142]

I would recommend you to read the guides that are here in the website, then you will be able to understand better the whole process.

Don't get offended, but yes it is considered fraud, and you can have a hard time during your status adjustment.

No, it is not fraud.

Let me ask, those of you that are married and applied for a spousal visa; was that not "fraud"? No, because you're entitled to marry, just not live there (visa-free).

To the OP, filing for a K1 is faster and you have just as much chance as being able to visit each other through that process than if you filed a K3. In fact, if anything, it's easier to successfully enter as being married is one step closer to looking suspicious.

[Kailey 3]

- ? is it so nice to know that if you had to wait then other person will have too? you are already close to be there. if i were same close and found out that somebody found a shorter way i would be just happy for that person. but to be or not to be - it's up to you..

btw thinking about that i can't use b1/b2 to travel to the US while the K1 process is going on makes me ask a question Why? and what if i still need to go on a buisness trip (i work for an american company)? or if i want to see my fiance? that's just strange..

ok, i already thought that the best way is to consult a lawyer, and the fact that there is no one single opinion about it in this thread, just makes me beleive that that would be the best way.

[mrsjeffs 0]

- 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.

I agree Kailey I think u should look into going the K-1 route especially if u can still use ur B1-B2 visa, as long as u dont overstay.

Good luck...

[Jon&Lindsey 0]

Like Gemmie said, you can visit whether you are waiting for a K1 or a K3/CR1. Yes, you may possibly be denied entry if the officer feels you will not return, but many people do visit successfully. Take as much evidence as you can that you *do* intend to return - eg letter from employer expecting you back a certain date, mortgage/rental agreement etc.

I don't know why people think it is fraudulent to enter on a tourist visa, marry, return before the authorized stay expires, file for a spousal visa while waiting at home and *visiting* in the meantime. The fraudulent part is entering with intent to stay, marrying and adjusting, which the OP has said she is *not* planning to do.

[mrsB 0]

The US Embassy in my home country says I can go visit USA with the visa waiver program while my K3 is being processed because tourism to USA is allowed even while a visa is processing. However, the senator's office in USA has told us that if I try to enter the USA, speak the honest truth that I'm there to see my spouse, no matter what proof of intentions of returning to my come country I present, I will still get denied entry and sent home. Many people have managed to visit their spouses in USA while a visa has been processing, but what if you do go and get sent back home and possibly denied your visa in the future because of that? The officials in my home country have very different ideas and opinions than the officials in USA and I have been torn for months, not knowing what I can and can't do. People on these forums mostly encourage me to just go. The embassy says it's alright, but at the same time they do say that the airport personnel can just send me back home if they feel like it. It's all down to luck.

And now, after being married for nearly 1,5 years and only seeing my husband for 2 weeks during that time, I too wish we would've just gone about it all "the questionable way" and married while I was visiting him in USA and stayed there to wait for my visa. Now that I can see the legal way isn't working or paying off. I do wish you the best of luck, whatever way you choose to take. I only hope that nobody will have to go through with everything that I've been going through.

[Anh map 2,098]

What country is the OP from? That can make a difference. Please tell us what country you are from.

To address your question:"btw thinking about that i can't use b1/b2 to travel to the US while the K1 process is going on makes me ask a question Why? and what if i still need to go on a buisness trip (i work for an american company)? or if i want to see my fiance? that's just strange." Even if you possess a valid visitor visa, if the CBP officer believes that you have immigrant intent they can deny your entry. Reasons could be: bringing an excessive amount of clothing for a short stay; bringing household items for a business or pleasure trip.; not having a return ticket.

Check out this page for more info regarding visits while your fiancee/spouse visa process is going on. -->> http://www.visajourney.com/forums/index.ph...mp;page=k1visit

Apply common sense to your travels to the US while the process is ongoing and you should have success. But as some here on VJ have found, it's isn't always a certainty that you will be allowed entry.

[YuAndDan 153]

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 ...

B-Visas are visitors visas and have no IMMIGRANT intent, so they do not get put through USCIS, NVC, and Immigrant visa unit at the consulate for background checks of petitioner (US Citizen who files the I-129F) and beneficiary, all this processing can take some time, K-Visas are handled like immigrant visas.

You can enter the USA as a visitor, and marry, however since a visitor is NOT an IMMIGRANT you cannot remain in the USA longer than the period allowed by the visitors visa, usually 90 days.

A word of caution, do not make marriage intent known at the POE or you may be bared from entry. SEE:

http://www.visajourney.com/news/2008/09/14...-us-visa-rules/

And if you do marry, in the future do not LIE about this at the POE:

http://www.visajourney.com/news/2009/02/04...-at-the-border/

[tulum 0]

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.

Exactly Right! You could go that route [ coming on the B2 and then getting married ] but if they [ uscis ] find out you had previous intentions of getting married and used the B2 to bypass the system, there could be stiff penalties. i read somewhere that the foreigner would be sent home and barred entry into the USA for a period of time or permanently and the USC could face high fees and possible jail time. Although some people get away with it-it is fraud. My girl almost wanted to go that route and i had to talk her out of it. her reasoning was she thought it was quicker, but B2's are not that easy to get [ depending on the country ] and can get denied fast. Believe me-

I HATE THIS WAITING!!!!!! but i would rather do things the right way than to be constantly worried that we will be split apart when she does get here. Uscis might ask questions like; how long have you known each other? its not impossible but unlikely that you would come here on vacation and meet, fall in love and marry someone in a month or two. They will see it as not being a legitimate relationship and just a ruse to stay in the country. So that being said, do what you want but proceed with caution.

[jcg303 1]

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 ...

it's like the saying goes, "pay a little now, or a lot later." waiting 6-8 months now sucks, but being barred from the country for 10 years or more would be devastating. the B2 visa is for tourism - traveling on a B2 visa with the intent to marry COULD be considered fraud, and you might find that out the hard way when you file for the AOS. and remember, even though your intentions are legal, USCIS issues visas at THEIR discretion. for this reason, people on this thread are advising you to play by their rules.

maybe you can travel here on the B2, file the I-129F while you're here, and then return home to complete the process. that way you can spend part of the time waiting together. you might want to get some other opinions before trying this, though.

good luck!!

[Kailey 3]

the only thing that i still question is that why would i not be allowed into the country for 10 years if i would be married to an american citizen just because i came to visit my husband ...

[Anh map 2,098]

the only thing that i still question is that why would i not be allowed into the country for 10 years if i would be married to an american citizen just because i came to visit my husband ...

That is one of the possible penalties for fraud regardless of your spouse's citizenship.

Just follow the advice and guidance from those that have gone through / are going through similar circumstances.