B2 visa situation

[neyes_ice 0]

good day to all, i would like some advice regarding B2 visa. here is my situation my girlfriend of almost 8 years went to the US almost four years ago, she is on a student visa and currently working on a EB-2 visa. this coming december would be my first time to apply for a B2 visa, my ties to my country is not that strong, i am a freelance architectural designer, i have traveled a few times abroad (SE asia) i can only fund my travel because my parents recently sold some property. i know it would be risky to try at this point but i need to do my part to make our relationship work. the plan is if i can go there before she files for EB-2 visa get married so i can be carried in with the process (if i ever get my B1 approved) +/- comments/advice are welcome. thanks

[Zen Den 18]

good day to all, i would like some advice regarding B2 visa. here is my situation my girlfriend of almost 8 years went to the US almost four years ago, she is on a student visa and currently working on a EB-2 visa. this coming december would be my first time to apply for a B2 visa, my ties to my country is not that strong, i am a freelance architectural designer, i have traveled a few times abroad (SE asia) i can only fund my travel because my parents recently sold some property. i know it would be risky to try at this point but i need to do my part to make our relationship work. the plan is if i can go there before she files for EB-2 visa get married so i can be carried in with the process (if i ever get my B1 approved) +/- comments/advice are welcome. thanks

to get a B1/B2 visa, you have to establish ties back home, -current employment, properties, family.

if you travel a lot because of work and have not violated any visa/immigration laws in any country, that's good too.

but if you apply for a visa and tell the interview the main reason (to make your relationship w/your gf work), it might create a lot of questions as to your real intentions.

since the burden of proof that you will come back after your travel is on you, when you do apply, make sure you focus on this and not bring up the fact that you have other plans.

[Deputy Purple 1,294]

Entering the US on a Tourist Visa with the intent to marry and adjust to an immigrant is Visa Fraud.

[sunandmoon 450]

Entering the US on a Tourist Visa with the intent to marry and adjust to an immigrant is Visa Fraud.

the OP has not stated that his girlfriend is USC, so could not come here on tourist visa get married, then AOS. If he comes here, gets married, would still have to leave before his visa expires.

[Pinay Wife 47]

Entering the US on a Tourist Visa with the intent to marry and adjust to an immigrant is Visa Fraud.

the OP has not stated that his girlfriend is USC, so could not come here on tourist visa get married, then AOS. If he comes here, gets married, would still have to leave before his visa expires.

http://www.uscis.gov/portal/site/uscis/men...000b92ca60aRCRD

Family of EB-2 Visa Holders

Your spouse and children under the age of 18 may be admitted to the United States in E-21 and E-22 immigrant status, respectively. During the process where you and your spouse are applying for permanent resident status (status as a green card holder), your spouse is eligible to file for an Employment Authorization Document (EAD).

To OP, if your intent is to apply for B2 so you can get married in the US to wait out the green card process, you will be committing fraud. Why not marry in the Philippines before she applies for EB-2?

[sunandmoon 450]

Entering the US on a Tourist Visa with the intent to marry and adjust to an immigrant is Visa Fraud.

the OP has not stated that his girlfriend is USC, so could not come here on tourist visa get married, then AOS. If he comes here, gets married, would still have to leave before his visa expires.

http://www.uscis.gov/portal/site/uscis/men...000b92ca60aRCRD

Family of EB-2 Visa Holders

Your spouse and children under the age of 18 may be admitted to the United States in E-21 and E-22 immigrant status, respectively. During the process where you and your spouse are applying for permanent resident status (status as a green card holder), your spouse is eligible to file for an Employment Authorization Document (EAD).

To OP, if your intent is to apply for B2 so you can get married in the US to wait out the green card process, you will be committing fraud. Why not marry in the Philippines before she applies for EB-2?

thanks for pointing that out. guess I assumed would not be able to apply for permanent resident. have to enter as an EB derivative.

Edited October 27, 2009 by sunandmoon

[neyes_ice 0]

Entering the US on a Tourist Visa with the intent to marry and adjust to an immigrant is Visa Fraud.

the OP has not stated that his girlfriend is USC, so could not come here on tourist visa get married, then AOS. If he comes here, gets married, would still have to leave before his visa expires.

http://www.uscis.gov/portal/site/uscis/men...000b92ca60aRCRD

Family of EB-2 Visa Holders

Your spouse and children under the age of 18 may be admitted to the United States in E-21 and E-22 immigrant status, respectively. During the process where you and your spouse are applying for permanent resident status (status as a green card holder), your spouse is eligible to file for an Employment Authorization Document (EAD).

To OP, if your intent is to apply for B2 so you can get married in the US to wait out the green card process, you will be committing fraud. Why not marry in the Philippines before she applies for EB-2?

thanks for the advice, you see she began with a tourist visa herself then adjusted to a student visa, now that she had finished her masters degree she qualifies for EB-2, the concern is if she goes back ti PI then we get married before she applies for the EB-2 that she might be questioned on her return back to the US. btw, how long is the processing for E-21 visas? and the last thing i want to do is commit visa fraud. so thanks for the heads up

Edited October 28, 2009 by neyes_ice