Do I have to apply for K1?

[am1996 0]

Greetings,

I've been going in and out of the US for quite some time under the B2 status to visit my bf (a US citizen). We got engaged 2 months ago and are planning on officially registering the marriage in the US and then doing a destination wedding in the Caribbean at the end of the year. I am currently taking a year off school/work and will be entering a medical residency program in the US next year, so I don't need an immediate employment authorization.

Our concern is that once we get married in the US and leave for the Caribbean, I may not be allowed to re-enter the US under the B2 or any other status other than K1, obtaining which would require me to return to Canada and needlessly wait for the K1 approval. Another option is for us to get married in the US now and to apply for an adjustment of status, but I understand that it can take a while for me to get the conditional green card. While the adjustment of status application is pending, would I even be allowed to re-enter the US after our trip to the Caribbean or would I be required to go back to Canada?

I suppose the easiest way for us to go would be not to mention anything about being married in the US and getting married in the Caribbean to the border patrol, which would allow me to come back into the US with a B2 status and then file the adjustment of status paperwork. Are there any problems with this approach?

Is there another viable option that I am missing that would allow us to get married in the US, go to the Carribean and come back to the US without any problems? I sincerely apologize if this has been covered in this forum before but I searched and could not find anything on point.

[john_and_marlene 162]

Greetings,

I've been going in and out of the US for quite some time under the B2 status to visit my bf (a US citizen). We got engaged 2 months ago and are planning on officially registering the marriage in the US and then doing a destination wedding in the Caribbean at the end of the year. I am currently taking a year off school/work and will be entering a medical residency program in the US next year, so I don't need an immediate employment authorization.

Our concern is that once we get married in the US and leave for the Caribbean, I may not be allowed to re-enter the US under the B2 or any other status other than K1, obtaining which would require me to return to Canada and needlessly wait for the K1 approval. Another option is for us to get married in the US now and to apply for an adjustment of status, but I understand that it can take a while for me to get the conditional green card. While the adjustment of status application is pending, would I even be allowed to re-enter the US after our trip to the Caribbean or would I be required to go back to Canada?

I suppose the easiest way for us to go would be not to mention anything about being married in the US and getting married in the Caribbean to the border patrol, which would allow me to come back into the US with a B2 status and then file the adjustment of status paperwork. Are there any problems with this approach?

Is there another viable option that I am missing that would allow us to get married in the US, go to the Carribean and come back to the US without any problems? I sincerely apologize if this has been covered in this forum before but I searched and could not find anything on point.

1. You can not use your B2 visa to enter the U.S. with the intent to remain--it's fraud.

2. K-1 visas are for fiance(e)s and can't be used if you are already married.

3. I recommend you read the guides here: http://www.visajourney.com/forums/index.ph...amp;page=guides and get a better understanding of your options.

4. Feel free to ask additional questions regarding your options.

5. If you get a K-1 and marry here, you will then have to wait to get Advance Parole (AP) or adjust status to LPR before you can leave the U.S.

[am1996 0]

Thank you very much for your reply. I did review the guide above and still have a few follow up questions. When I last entered the US I had no idea that we'd get engaged, so I am not at all concerned about the validity of my current B2. If we were to get married now and then file for an adjustment of status, would I be permitted to leave and re-enter the US to visit my husband while my adjustment of status application is pending?

In other words, if we were to get married now, apply for an adjustment of status (which does NOT require me to be on K1, since I had no actual intent to remain in the US at the time I entered the country under B2) but not receive the AP or LPR before our honeymoon in the Carribean, would I be permitted to re-enter the US to visit my husband? If so, under what status?

Edited August 3, 2006 by am1996

[zyggy 9]

Thank you very much for your reply. I did review the guide above and still have a few follow up questions. When I last entered the US I had no idea that we'd get engaged, so I am not at all concerned about the validity of my current B2. If we were to get married now and then file for an adjustment of status, would I be permitted to leave and re-enter the US to visit my husband while my adjustment of status application is pending?

In other words, if we were to get married now, apply for an adjustment of status but not receive the AP before our honeymoon in the Carribean, would I be permitted to re-enter the US to visit my husband? If so, under what status?

Absolutely not...

If you leave the US after you have applied for adjustment of status without Advanced Parole, your application will have been deemed abandoned and you will be refused entry.

Sorry.. if you're goingto get married in the US... no trip to the Carribean for you...

You are trying to have your cake and eat it too... US Immigration does not allow that... You have to choose whether you want the wedding or the honeymoon. You can't have both.

Edited August 3, 2006 by zyggy

[Buttons 0]

Well said Zyggy -- It sucks but it's true !!!!!!!!!!!!