Is this allowed?

[LoveNeverFails 0]

My fiance has a 5 yr, multiple entry B1/B2 visa. He came to visit for 6 wks recently. We wanted to get married but were so afraid we would get in trouble because it would be considered visa fraud coming and marrying (although it wasn't our intention).

2 months later, he has plans to come back to visit again to finish some paperwork as he prepares for a job. He needs to get fingerprinted and take exams.

I wanted to know if it would be ok for him to come, do his stuff, and we can still get married. He can only stay for a week or so because he has to return back to work in his home country.

My questions are:

1. Is this ok? Will it look suspicious (given short period of time) or as long as we prove he did some stuff here, it will be ok?

2. Does getting married in the US speed the process? I won't be able to travel back to his home contry until mid-next year to get married & we so want to get married and get him a visa here ASAP!!

3. Do we need a lawyer? And when to we get him/her?

Thank you in advance for your advice!!

[SunDrop 59]

My fiance has a 5 yr, multiple entry B1/B2 visa. He came to visit for 6 wks recently. We wanted to get married but were so afraid we would get in trouble because it would be considered visa fraud coming and marrying (although it wasn't our intention).

2 months later, he has plans to come back to visit again to finish some paperwork as he prepares for a job. He needs to get fingerprinted and take exams.

I wanted to know if it would be ok for him to come, do his stuff, and we can still get married. He can only stay for a week or so because he has to return back to work in his home country.

My questions are:

1. Is this ok? Will it look suspicious (given short period of time) or as long as we prove he did some stuff here, it will be ok?

Legally, it's fine! There is no law that stops you from marrying and then the beneficiary returning home while you file for a CR1 or K3 visa. It's not even illegal to enter as a visitor and then decide to get married and the beneficiary stays and they adjust his status. However, I know that MENA couples face different hurdles, so be sure to post again in the regional forum

2. Does getting married in the US speed the process? I won't be able to travel back to his home contry until mid-next year to get married & we so want to get married and get him a visa here ASAP!!

Not usually, no. Again, region specific advice is preferable here

3. Do we need a lawyer? And when to we get him/her?

Not usually. The general VJ consensus is that they often hinder more than they help. I personally would only use a lawyer if I had any issues that I thought could make me inadmissible or disqualify me for a visa (arrest record, for example).

Thank you in advance for your advice!!

You're welcome!! And welcome to VJ

Edited November 9, 2009 by SunDrop

[rsn 135]

My fiance has a 5 yr, multiple entry B1/B2 visa. He came to visit for 6 wks recently. We wanted to get married but were so afraid we would get in trouble because it would be considered visa fraud coming and marrying (although it wasn't our intention).

2 months later, he has plans to come back to visit again to finish some paperwork as he prepares for a job. He needs to get fingerprinted and take exams.

I wanted to know if it would be ok for him to come, do his stuff, and we can still get married. He can only stay for a week or so because he has to return back to work in his home country.

My questions are:

1. Is this ok? Will it look suspicious (given short period of time) or as long as we prove he did some stuff here, it will be ok?

2. Does getting married in the US speed the process? I won't be able to travel back to his home contry until mid-next year to get married & we so want to get married and get him a visa here ASAP!!

3. Do we need a lawyer? And when to we get him/her?

Thank you in advance for your advice!!

1. Coming to the U.S. w/ the intent to marry is not visa fraud in any way. Your fiance may have to prove at the POE that he will return to his home country to the satisfaction of the CBP officer, but that is all.
2. I don't think so. In your case, it seems like a good idea though, as long as you can get him past the POE.
3. If you have any red flags, an unusual situation, or if you are unwilling or unable to read up on the process yourself then a lawyer is something you should consider. Otherwise, you should do it yourself like so many others on here have.

[LoveNeverFails 0]

Thank you both for your prompt replys! Do you have any advice on doing anything to prepare for his visit or do while he is here? Should he bring any specific paperwork?

I guess if we get married here, we would have to file a K3. I read some about it, but once he has a K3, can he adjust his status? and how soon.

The problem we run into is that he needs to start working here. He is a physician and places don't just take any visa. What is the timeline on him getting a green card?

[pushbrk 12,975]

Thank you both for your prompt replys! Do you have any advice on doing anything to prepare for his visit or do while he is here? Should he bring any specific paperwork?

I guess if we get married here, we would have to file a K3. I read some about it, but once he has a K3, can he adjust his status? and how soon.

The problem we run into is that he needs to start working here. He is a physician and places don't just take any visa. What is the timeline on him getting a green card?

First, upon entry, he should give a truthful but generic reason for his visit, not "to get married". It sounds like he has one, so no problem.

You do not have to file a K3. That's virtually an obsolete visa. Just follow the CR1 guide. Check with the local jurisdiction where you plan to marry for information on what documentation he'll need to get the marriage license.

Contrary to popular opinion here, not everybody is cabable, has the aptitude, attention to detail or is willing to do the necessary study and research to do it themselves. If you need help, don't be ashamed to hire somebody to help you.