Marrying while being in the US on b1/b2 visa

[LoveMyTico 999]

misrepresentation carries a lifetime ban

[Kailey 3]

misrepresentation carries a lifetime ban

make sure you never mispresent anything.

[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 ...

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.

thank you, i'd rather follow what a lawyer and immigration service will say and read more laws.

[Gemmie 142]

People in these thread have been SERIOUSLY mis-giving advice, and blowing things out of proportion. Please do not respond if you do not know the correct information.

Most people here applying for a K3 visa have married in the states on a visit. There's nothing llegal about it.

Kailey:

- You are allowed to travel on your B2 visa as long as you show strong ties to your country. Yes you might not get in, but you also very well could. I've gotten in to America about 4 times when we were a couple and about 4 times after we were engaged.

- You are allowed to marry on your B2 visa but do not openly discuss these plans with the officer. (he reason why they may deny you entry is because they worry that you'll STAY AFTERWARDS and not go home). If you're certain you're returning home, then it's fine.

- A life-time ban comes from misrepresentation which can happen if you ever lie about something; for example, if they ask if you intend to get married on the visit and you say no. But you've never once said you're going to lie, so ignore that.

[Reba 2]

I don't see any particularly "wrong" information here, only slightly alarmist at possible consequences. And yes, they are "possible" consequences.

The point is Kailey, once your fiance sends in the petition and it is received at USCIS, whenever you try to enter the US as a visitor, CBP has access to that petition with your name on it. You will have a slightly more difficult time trying to enter the country than you do now, because you obviously have immigrant intent. CBPs job is to root out anyone that they suspect may have immigrant intent without benefit of going through proper channels. Because legally you cannot immigrate on a B visa, and because you have a US citizen partner (which will be evident once the petition is filed), you will have a lot more difficulty proving to CBP that you do in fact intend to leave the country when you say you will. That means proving ties to your home country, like a letter from your employer stating the purpose of your trip (if it is work or approved vacation leave) and the date you are expected back. Proof of fiancial ties, and ties to a residence (mortgage, or rental agreement), stuff like that. Even Canadians have to endure this process, and we don't need visas to visit the US at all.

All of which is NO guarantee that you can still visit during the process. Nor is having a petition with your name on it a guarantee that you will be barred from entering until you get your K or C visa. And depening what country you are from (you don't have a flag on your posts, so it's difficult for us to say for sure) will depend on how difficult CBP makes your life next time you travel. Unfortunately they do treat some nationalities more harshly than others, due to higher statistics of fraud from some countries.

At best, you can come and visit with no difficulty. At worst, you'd be denied entry and then you'd just have to wait until you get your K or C visa (whichever you decide upon). Rarely would trying to come to visit during the process result in bannishment. Only if you lied outright, or faught with the CBP, or threatened with a bomb or something. But that latter would result in jail time, so bannishment would be the least of your worries. And any denial of entry will have no negative affect on the outcome of your marriage based visa application.

I wouldn't bother with a lawyer or consultant either. YOu'll find that as many of them that you ask, you'll get just as many answers as you have here. Some will be as alarmist, and some will be outright wrong. And lawyers and consultants are in it for the money. We're just here because for the most part, we've all BTDT. When taking advice, take it all with a grain of salt, and know the source. I've been on this forum for a long long long time now. I've seen more successes than not. But I have seen some pretty sad stories as well over the years. I kinda know the system.

It's your life though, your decision to make.

[Kailey 3]

Gemmie, Reba - thank you!

What i saw so far from the officers (both when getting my second B-visa and when entering the country) they ask normal questions and if you are honest - that works even if your reason sounds as 'i came to visit a male friend'. Well, what helps (i think) is a clean visa history that i have not only visiting US but other countries too.

I understand that 'Reba wrote: once your fiance sends in the petition and it is received at USCIS, whenever you try to enter the US as a visitor, CBP has access to that petition with your name on it. ' - and i hope that they will trust that i'm just following a normal desire to visit my future husband.

I'm from Russia (I guess i should have pointed that out somewhere in my profile). And I am very familiar with those documents that are meant to show strong ties to the home country (we bring them all and some more already to the interview to get a visa ).

"Even Canadians have to endure this process, and we don't need visas to visit the US at all" - that surprised me most of all, to be honest. But i guess in that case you can visit each other as much as you want during the K1, K3 or whatever process, right?

Just one question - there is some visa called "Direct consular filing". what is it? Sounds sweet. but nobody seems t obe using it, why? any underwater stones?

[canadian_wife 1,791]

DCF is for when the USC is a legal resident of another country and wishes to return to the US with his/her foreign spouse. The conditions to DCF are pretty specific so not a lot of people are eligible to use it.

Good luck.

[J2A♥oasis 2]

There is no real problem if you want to come to the US on a tourist visa and get married (though technically it is a tourist visa not a marriage visa, people do this all the time.) There would only be a problem if you were to overstay your visit…I understand, not your plan.

The problem is the fact, if I understand what you are considering correctly, you want to file the K-1 fiancé visa, come to the US on your B-1/2 tourist visa, get married and continue to wait for the processing of your K-1 fiancé visa either here or there? You won’t be able to do this without committing visa fraud because once you are married the K-1 is no longer valid and you would have had to have filed the K-3/CR-1 spouse visa. However, if you return home after the marriage and file the K-3/CR-1 your chances of getting denied entry back into the US on your tourist visa, are increased. A denied entry could possibly jeopardize your K-3/CR-1 approval, but definitely will lend cause for some explaining at the interview.

If anything just keep your B-1/2 tourist visa, apply for the K-1 fiancé visa, don’t get married until K-1 is approve and you are doing so in the allotted 90 day time frame. Then you may be able to visit your fiancé as often as you’d like during the process (conditioned only by your ability to convince the authorities of your strong connections back home.) Just be sure you don’t overstay your visit.

Why do people wait, because not every country is granted a visitor/tourist visa so freely. Also because what you are suggesting is too risky (don’t tell them you got married and conitnue with filing for a fiance visa, that is fraud.) Why chance it?

It is true a US citizen can marry pretty much whomever they please within legal ramification of course but that doesn’t mean they have to let you live in the US because you are the spouse of a US citizen. This is probably one of the reasons this process is so scrutinizing now because people continue to believe this should be sufficient enough reason to gain entry…but another thread, another time. If it’s really that much of a problem why can’t your fiancé visit with you during the wait? and if you do marry, why can't he stay with you in your country while evrything processes?

IDK, I just wouldn’t even want to be suspected of fraud on any level, or to have to explain my actions any further than the amount of our lives that I have already disclosed. Also, to think I would risk the future unification of myself and my SO, it’s just not worth it. Our communication and commitment to each other is strong enough to withstand this small test of time and distance by comparison, to ensure that we can freely spend the rest of our lives together. I can’t image my SO being banned entry into my country because we couldn’t follow the rules, or made up our own. My heart could not take it. I love my country and I want him to be able to experience it too. But it’s up to you. Hope it all works out. Oh yeah, good luck with your lawyer, and if you get a guarantee or get through any faster than anyone else on here, don’t be shy throw an “I told you so” in there, let us know.

[Kailey 3]

Thank you, just avoid any further speculations, once again I want to either :

a) start processing K1 but not just seat and wait in Russia for months without seeing each other, while it's processed, but use my B1/B2 to come to visit my fiance during that wait.

So K1 will be in process and B1/B2 valid and i will use B1/B2.

+ He can come and visit me, too (I haven't asked here about it because it's obvious).

B) come to visit him on my b1/b2 (or he comes to visit me), marry, return and start processing K3. Why to marry you 'll ask ? Just because we want to.

RIght now i think the variant A) is better. One of the reasons also : because we can start K1 already and to start K3 we need to wait till either of us can come to visit the other.

If we are faced with anything that can be interesting or useful for others during our Kxx visa processing time I will let you know, promisse.

[NickD 202]

Certainly not an expert on this subject, but when you meet the woman of your most wildest dreams certainly don't want to screw up. I courted my wife for two years before we got married, but we didn't get married until we were cleared with the USCIS and the DOS, you have to deal with two government agencies. I also had personal contact with both agencies, but also hired one of the top USA immigration attorneys.

Both my wife and I had bad marriages and we spent plenty of time together, she had a US visa to come here, besides immigration, you want to be sure you have the right one, marriage is a very serious and expensive proposition and for two to live together in the same household, many changes have to be made.

I questioned about the K series of visa's, was told both by my attorney and the USCIS since my intended wife already had a visa, she didn't need one. Think about it, the K series is a visa for your intended to come here, if that person does not have a visa, and required to have one to come here, they cannot come here without one. The K series is a special type of visa with strong limitations, can only come here once, and either you get married during that 90 day limit or say goodbye.

Before we got married, all of those forms were already filled out, I-130, I-485, G-324a's, I-693, I-864, I-765, after the marriage, forms were signed and sent in. Can say what is really different about all this, instead of going on a honeymoon, we were dealing with the USCIS. We were told to keep a close watch on my wife's I-94, but within two weeks, we received the NOA and were told we no longer had to be concerned about the I-94. Four months after our marriage we had an interview, mostly with the IO looking over our wedding album. Really couldn't provide much evidence that the IO understood due to the APA, couldn't even open a small bank account until my wife received her green card.

It's my understanding that the DOS and USCIS offers different means to get married, if your intended does not have a visa, the only way that person can get one to come here is to apply for the K1-3, in most states, to get married, both parties must be present at the ceremony. And if your intended does not own property, have a job, etc., may never get a visa to come here if that country requires it, the K series is the only way.

Yet another way is to get married in your intended spouse's home country, come home alone and apply for a I-130, this can be risky and no telling how long you will be apart, not a good way to spend your honeymoon.

Or if your intended is alreay here legally, take all the required steps with the USCIS, your intended spouse already dealth with the DOS before getting married.

It's my understanding the function of the DOS is to provide legal means for your intended spouse to come here, either with a K series or an approved visa, it's the function of the USCIS to keep your intended here legally, if your intended cannot get a work or tourist visa, the K series is the only other way.

Point is to do everything in advance, you are not bypassing the law, but hire a first class immigration attorney and deal directly with the USCIS first before tying the knot. Was warned both by my attorney and the USCIS to keep a close look at her I-94 in case the NOA didn't come in, she would either have to leave the country or we could extend it, but the NOA came in with over two months to spare.

Ironically it took my mother-in-law over a year to get a visa to come visit us from the same county where I didn't even need a visa to go visit her. We have many many laws, know them or hire a highly professional immigration attorney and obey them before taking any action, and choose the option that is best for you is my only advice on this subject. But what personally told by the USCIS and even have a letter of confirmation in my files, we did not need a K visa to get married since my intended wife already had a visa to come here legally. So where did we break the law?

[Steve in Florida 0]

when someone is here on a B1/B2 visa and gets married they can requrest an Adjustment of Status based on marriage...just like they can request an AOS for other reasons"...US Visitor Visa Change of Status: Individuals who enter the United States on a B-2 Tourist Visa are normally eligible to change status to permanent resident (Green Card holder) if they qualify, or to another nonimmigrant status, such as temporary worker (H-1B, H-2B, E-1, E-2, E-3, etc.), student (under the F-1 Student Visa), or even to permanent United States resident (Green Card). Individuals who enter the United States under the Visa Waiver Program are not eligible to change status. The option to change status is the major advantage of nonimmigrant visas, such as the B-2 Tourist Visa, over the Visa Waiver Program...."

The key phrase here is that they can change status to permanent resident IF THEY QUAILFY...and being married qualifys them. The PROBLEM is the time it takes to process the AOS which is very likely to be longer (much longer) than the remaining time on the B-2 visa. (Getting married almost immediately AFTER arriving on a B-2 visa would definitely raise questions fo intent so someone going this rout would most likely be close to the end of their authorized stay on their I-94.)

The simple solution of this is of course to apply for an Advance Parole so that the visa holder can remain here UNTIL the AOS is processed. with all the recent changes in regulations related to due process and effective representation by council I do not think that the Advance Parole request can be easily denied by USCIS...so the B-2 visa holder should have no problem remaining in the country while waiting for the AOS to be processed.

Essentially this is the same as an F-2 visa holder getting married and requesting an AOS. USCIS does not throw the F-2 visa holder out while the AOS is beign processed...why should they throw a B-2 visa holder out for requestign an AOS that is authorized under the regulations.

[Holliday 4]

when someone is here on a B1/B2 visa and gets married they can requrest an Adjustment of Status based on marriage...just like they can request an AOS for other reasons"...US Visitor Visa Change of Status: Individuals who enter the United States on a B-2 Tourist Visa are normally eligible to change status to permanent resident (Green Card holder) if they qualify, or to another nonimmigrant status, such as temporary worker (H-1B, H-2B, E-1, E-2, E-3, etc.), student (under the F-1 Student Visa), or even to permanent United States resident (Green Card). Individuals who enter the United States under the Visa Waiver Program are not eligible to change status. The option to change status is the major advantage of nonimmigrant visas, such as the B-2 Tourist Visa, over the Visa Waiver Program...."

The key phrase here is that they can change status to permanent resident IF THEY QUAILFY...and being married qualifys them. The PROBLEM is the time it takes to process the AOS which is very likely to be longer (much longer) than the remaining time on the B-2 visa. (Getting married almost immediately AFTER arriving on a B-2 visa would definitely raise questions fo intent so someone going this rout would most likely be close to the end of their authorized stay on their I-94.)

The simple solution of this is of course to apply for an Advance Parole so that the visa holder can remain here UNTIL the AOS is processed. with all the recent changes in regulations related to due process and effective representation by council I do not think that the Advance Parole request can be easily denied by USCIS...so the B-2 visa holder should have no problem remaining in the country while waiting for the AOS to be processed.

Essentially this is the same as an F-2 visa holder getting married and requesting an AOS. USCIS does not throw the F-2 visa holder out while the AOS is beign processed...why should they throw a B-2 visa holder out for requestign an AOS that is authorized under the regulations.

Huh? Either I'm confused, or you are confused.

Not to be rude, but I think there's a lot wrong with what you've said. For one thing, lots of people who enter the U.S on the VWP adjust status. But I believe it's up to them to prove they didn't intend to stay. If someone enters the U.S. using a B2, the VWP, or the Canadian visitor thingy, and they do so INTENDING TO IMMIGRATE, well, that is not permissible, and could have pretty serious consequences. If someone enters the U.S. intending only to visit, and their circumstances change and they end up adjusting status, well... that's a whole different thing.

Also, I'm curious... how would Advance Parole have anything to do with whether or not someone was allowed to remain in the country once they have filed? Advance Parole means someone will be allowed back in once they've left the country while adjusting status.

[NickD 202]

We have laws regarding a legal marriage, both parties free to marry, no prior marriages where either a divorce or an annulment was granted, proper age or parental consent, etc.

There are no laws regarding not being permitted to marry a person from a different country, but there are laws regarding whether that non-immigrant is here legally or not. There are restrictions for a person legally here with a B1/B2 visa, like not permitted to work, but marriage is not one of them. But as several have done, thinking that the act of marriage makes that person here legally is a very bad mistake. That person can stay here as long as their visa and I-94 remain current, overstaying either is tantamount to a death sentence.

In applying for an I-130/I-485, etc. you have to provide complete evidence that person is here legally, valid passport, visa, and a current I-94. In regards to intention, you have no idea where you may meet your mate, on an airplane, wedding, bar, street corner, or where even that person is from. But if from a foreign country, immigration is definitely involved. If any of the requirements expire, your spouse has to return to their home country if even for a day to get a new I-94 or pay the 300 bucks to get an extension. But being here legally is key to prevent problems with the USCIS.

Neither is a law that says you, the USC have to stay here, if the USCIS gives you problems, just tell them you will pack your bag and move to your spouses home country, they will accept you with open arms. And the IRS can collect taxes from somebody else. Ha, when they hear that, just say, wait a second. But they do seem to be excessively paranoid about fraud, if anyone should be concerned about fraud, it should be you!

Also helps to have lots of money when marrying a foreigner and for immigration fees, plus the willingness to spend it. It also easy for a foreigner to get a visa to come here, all they need is to own a lot of property in their home country and have a high paying job or lots of money. But meeting that very special person is very well worth it, every cent of it. But not nearly the effort the Greeks went through to get Helen of Troy back, the things a woman can do to a man.

When you come down to it, everything about this country deals with having money, doesn't seem right, but that is the way it is. Sure seems stupid to even try to bring a person here for money, if I was, would have to charge at least a million bucks, but would also be in a very good position to be blackmailed by that person I was attempting to bring in. They just get deported, but you will go to jail.

[Izzy999 0]

Hi!!!

my fiance and I are thinking about getting married here in the States, he is American, I am German....i am currently here on a B1 visa for school, he is pcsing to Germany (he is military) beginning of September while I will stay until beginning of December. we are planning on getting married July 3rd 2010...

now he might be deployed before I even get back to Germany and all our plans might not happen. for information's sake we were thinking about getting married before he has to deploy - I would still be here for about another 4-6 weeks on my visa and then return to Germany and we are gonna file for DCF before we have to go back to the US in 2011.

Is this legal?! or could it lead to any kinds of problems later on during the visa process?!

thank you for the information!!!