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Dan C.

OK to marry in US on a B2 visa before filing I-130

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Filed: Citizen (apr) Country: Mexico
Timeline

Hi everyone,

My fiancée is Mexican, and she holds a B2 tourist visa. She's from Tijuana; we are planning on going to San Diego and getting married there, since the paperwork is much less complicated than it would be to get married in Mexico, since I'm an American, from Philadelphia.

I was wondering, is it OK to cross to San Diego and get married, with her entering on a tourist visa? To be clear—she has no intent to stay and adjust status from the B2. We plan to get married, then she'll head back to Tijuana the same day, and in a couple weeks we'll file for our I-130, once we get the paperwork in order.

I'm thinking it may be a good idea to bring documentation along with us that she's established in Mexico (with a job, place to live, etc), just so the officer at the border crossing can be sure that she has no intent to stay in the USA. Does this sound OK?

One last question—would US immigration be suspicious if we file for the I-130 shortly after getting married (as in, a couple weeks?). We have plenty of documentation to show that she and I have had an ongoing relationship for over 3 years. We're getting married in a Catholic church in Mexico in August, and they require us to already be married legally before presiding over the church ceremony—so we can't do the K1 route. We want to get the immigration process rolling quickly, so we can at least be close to getting her CR-1 by then.

Any ideas or advice would be most appreciated.

Thanks!


7 Mar 2011 - Mailed the I-130 package

12 Nov 2011 - Became a U.S. resident (+250 days)

18 Sep 2017 - Sworn in as a U.S. citizen (+2137 days)

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Filed: IR-1/CR-1 Visa Country: Romania
Timeline

Hi everyone,

My fiancée is Mexican, and she holds a B2 tourist visa. She's from Tijuana; we are planning on going to San Diego and getting married there, since the paperwork is much less complicated than it would be to get married in Mexico, since I'm an American, from Philadelphia.

I was wondering, is it OK to cross to San Diego and get married, with her entering on a tourist visa? To be clear—she has no intent to stay and adjust status from the B2. We plan to get married, then she'll head back to Tijuana the same day, and in a couple weeks we'll file for our I-130, once we get the paperwork in order.

I'm thinking it may be a good idea to bring documentation along with us that she's established in Mexico (with a job, place to live, etc), just so the officer at the border crossing can be sure that she has no intent to stay in the USA. Does this sound OK?

One last question—would US immigration be suspicious if we file for the I-130 shortly after getting married (as in, a couple weeks?). We have plenty of documentation to show that she and I have had an ongoing relationship for over 3 years. We're getting married in a Catholic church in Mexico in August, and they require us to already be married legally before presiding over the church ceremony—so we can't do the K1 route. We want to get the immigration process rolling quickly, so we can at least be close to getting her CR-1 by then.

Any ideas or advice would be most appreciated.

Thanks!

As long as your financee doesn's say that she intends to get married while she's in us on B2 you'll be fine!Of course you can get married and file the next morning if you want with no problem as long as you have solid evidence of bona fide marriage and she doesn't need to leave the us!

You have 2 options:

1- you get married, you file the petition I130,she stays and you just need to do Adjustment of status (or AOS - from B2 to CR1) there are a few stepts, AP for travelling, than the work permit and so on.... you will find a lot of info here to guide you!

2- she goes back to her country, you file the petition, and than she has to wait in her country for the petition to be aproved!

Good luck and welcome! :thumbs:


USCIS journey:

02/11/2010 - got married

06/28/2010 - sent I-130

06/29/2010 - received by uscis

07/06/2010 - notice NOA1

07/08/2010 - updated

07/10/2010 - got NOA1 hard copy in the mail

11/01/2010 - moved from CSC to TSC

11/02/2010 - updated

11/03/2010 - updated

11/23/2010 - updated (post decision activity)

02/09/2011 - notification moved from TSC (back to initial review :o )

02/10/2011 - confirmation TSC back to CSC!

02/16/2011 - APROVED!!!!!

NVC journey:

02/25/2011 - we're IN :)) case # Emailed DS 3032. Paid AOS Fee.

03/01/2011 - DS 3032 approved (confirmation by email)

03/02/2011 - AOS shows paied -> AOS packet mailed out

03/04/2011 - AOS received

03/07/2011 - IV generated & paid

03/09/2011 - IV paid! mailed out->

03/14/2011 - IV received

03/31/2011 - Case complete @ NVC!!!

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As long as your financee doesn's say that she intends to get married while she's in us on B2 you'll be fine!Of course you can get married and file the next morning if you want with no problem as long as you have solid evidence of bona fide marriage and she doesn't need to leave the us!

You have 2 options:

1- you get married, you file the petition I130,she stays and you just need to do Adjustment of status (or AOS - from B2 to CR1) there are a few stepts, AP for travelling, than the work permit and so on.... you will find a lot of info here to guide you!

2- she goes back to her country, you file the petition, and than she has to wait in her country for the petition to be aproved!

Good luck and welcome! :thumbs:

This is incorrect. Entering the US on a tourist visa with the intent to immigrate is visa fraud, as this person is suggesting.

To the OP, however, what you are suggesting is perfectly fine. Get married, and have fun! You don't need to wait anytime after you get married before you file your I-130. She can also continue to make visits while the I-130 is pending. Happy wedding!

Edited by Harpa Timsah

AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

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Filed: IR-1/CR-1 Visa Country: Romania
Timeline

This is incorrect. Entering the US on a tourist visa with the intent to immigrate is visa fraud, as this person is suggesting.

To the OP, however, what you are suggesting is perfectly fine. Get married, and have fun! You don't need to wait anytime after you get married before you file your I-130. She can also continue to make visits while the I-130 is pending. Happy wedding!

I am not suggesting anything! I said the B2 holder should come as a tourist that CAN LEGGALY get married to her financee! If you tell them that you come as a tourist and you intend to get married, they will tell you to go back and follow the CR1!


USCIS journey:

02/11/2010 - got married

06/28/2010 - sent I-130

06/29/2010 - received by uscis

07/06/2010 - notice NOA1

07/08/2010 - updated

07/10/2010 - got NOA1 hard copy in the mail

11/01/2010 - moved from CSC to TSC

11/02/2010 - updated

11/03/2010 - updated

11/23/2010 - updated (post decision activity)

02/09/2011 - notification moved from TSC (back to initial review :o )

02/10/2011 - confirmation TSC back to CSC!

02/16/2011 - APROVED!!!!!

NVC journey:

02/25/2011 - we're IN :)) case # Emailed DS 3032. Paid AOS Fee.

03/01/2011 - DS 3032 approved (confirmation by email)

03/02/2011 - AOS shows paied -> AOS packet mailed out

03/04/2011 - AOS received

03/07/2011 - IV generated & paid

03/09/2011 - IV paid! mailed out->

03/14/2011 - IV received

03/31/2011 - Case complete @ NVC!!!

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Filed: IR-1/CR-1 Visa Country: Russia
Timeline

It is perfectly legal to do what you are planning.

She does not have to go back the same day, she can stay for a few as her visa allows.

And you can file I-130 right away.

She should not volunteer though that purpose of her visit is to get married, as then she will not be let through. It is not advisable to bring a white dress either. But, if they ask directly, she either has to tell the truth or the two of you may have problems in the future.

Hi everyone,

My fiancée is Mexican, and she holds a B2 tourist visa. She's from Tijuana; we are planning on going to San Diego and getting married there, since the paperwork is much less complicated than it would be to get married in Mexico, since I'm an American, from Philadelphia.

I was wondering, is it OK to cross to San Diego and get married, with her entering on a tourist visa? To be clear—she has no intent to stay and adjust status from the B2. We plan to get married, then she'll head back to Tijuana the same day, and in a couple weeks we'll file for our I-130, once we get the paperwork in order.

I'm thinking it may be a good idea to bring documentation along with us that she's established in Mexico (with a job, place to live, etc), just so the officer at the border crossing can be sure that she has no intent to stay in the USA. Does this sound OK?

One last question—would US immigration be suspicious if we file for the I-130 shortly after getting married (as in, a couple weeks?). We have plenty of documentation to show that she and I have had an ongoing relationship for over 3 years. We're getting married in a Catholic church in Mexico in August, and they require us to already be married legally before presiding over the church ceremony—so we can't do the K1 route. We want to get the immigration process rolling quickly, so we can at least be close to getting her CR-1 by then.

Any ideas or advice would be most appreciated.

Thanks!


CR-1 Timeline

March'07 NOA1 date, case transferred to CSC

June'07 NOA2 per USCIS website!

Waiver I-751 timeline

July'09 Check cashed.

Jan'10 10 year GC received.

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Filed: Other Timeline

I am not suggesting anything! I said the B2 holder should come as a tourist that CAN LEGGALY get married to her financee! If you tell them that you come as a tourist and you intend to get married, they will tell you to go back and follow the CR1!

The USA has some lovely and quite popular destinations for couples who want to get married.

My own daughter and her now-husband both traveled from Europe to Maui, Hawaii to get married and afterward spend their honeymoon in one of the most picturesque locations on this planet. Even though they arrived with a B2 visa, no CBP officer would have told them that they couldn't get married or had to "follow the CR-1" route (as you indicated), simply because they had no intention to adjust status.

In fact, my daughter lives in Paris, France, and wouldn't move to the US if I gave her a million dollars.


There is no room in this country for hyphenated Americanism. When I refer to hyphenated Americans, I do not refer to naturalized Americans. Some of the very best Americans I have ever known were naturalized Americans, Americans born abroad. But a hyphenated American is not an American at all . . . . The one absolutely certain way of bringing this nation to ruin, of preventing all possibility of its continuing to be a nation at all, would be to permit it to become a tangle of squabbling nationalities, an intricate knot of German-Americans, Irish-Americans, English-Americans, French-Americans, Scandinavian-Americans or Italian-Americans, each preserving its separate nationality, each at heart feeling more sympathy with Europeans of that nationality, than with the other citizens of the American Republic . . . . There is no such thing as a hyphenated American who is a good American. The only man who is a good American is the man who is an American and nothing else.

President Teddy Roosevelt on Columbus Day 1915

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This is incorrect. Entering the US on a tourist visa with the intent to immigrate is visa fraud, as this person is suggesting.

To the OP, however, what you are suggesting is perfectly fine. Get married, and have fun! You don't need to wait anytime after you get married before you file your I-130. She can also continue to make visits while the I-130 is pending. Happy wedding!

:thumbs::thumbs: I agree. Kind of getting tired seeing people trying to break the "intent" rule of entering. Because of this is what makes it so much harder each year for folks to get tourist visas.


May love and laughter light your days,
and warm your heart and home.
May good and faithful friends be yours,
wherever you may roam.
May peace and plenty bless your world
with joy that long endures.
May all life's passing seasons
bring the best to you and yours!

Service Center : Vermont Service Center
Consulate : Bogota, Colombia
Marriage: 2009-08-01
I-130 Sent : 2009-09-29
I-130 NOA1 : 2009-10-06
I-130 Approved : 2010-03-18
NVC Received : 2010-03-23
Case Completed at NVC : 2010-09-16
Interview Date : December 16, 2010
Interview Result : APPROVED
Visa Received : 12/27/10
US Entry :12/29/10
Two-year green card received: 1/19/11
SSN received: 2/2/11
Lifting of Conditions Filed 10/1/12
Lifting of Conditions NOA 10/9/12
Lifting of Conditions Biometrics Appt 10/31/12

Lifting of Conditions Approved 12/10/12

10-yr green card received 1/8/13

N-400 Naturalization Application 10/1/2013
Marital Bliss: Endless

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Filed: Citizen (apr) Country: Mexico
Timeline

I just wanted to say thanks to everyone for the help; my fiancee and I tied the knot over the weekend without any trouble in the US, and I'm going to file the I-130 as soon as I can get a copy of the marriage certificate.

After the wedding, se crossed back over to Mexico, and I told her that once the I-130 is in progress, it would be best to have documentation ready when she crosses that shows that she has income and strong ties to Mexico. She frequently crosses into San Diego to go shopping (as it seems half of the population of Tijuana does) so hopefully they won't hassle her too much.


7 Mar 2011 - Mailed the I-130 package

12 Nov 2011 - Became a U.S. resident (+250 days)

18 Sep 2017 - Sworn in as a U.S. citizen (+2137 days)

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Filed: Citizen (apr) Country: Canada
Timeline

I just wanted to say thanks to everyone for the help; my fiancee and I tied the knot over the weekend without any trouble in the US, and I'm going to file the I-130 as soon as I can get a copy of the marriage certificate.

After the wedding, se crossed back over to Mexico, and I told her that once the I-130 is in progress, it would be best to have documentation ready when she crosses that shows that she has income and strong ties to Mexico. She frequently crosses into San Diego to go shopping (as it seems half of the population of Tijuana does) so hopefully they won't hassle her too much.

Congratulations on your marriage and best of luck with your petition.


USCIS

NOA1 08/19/08

NOA2 01/20/09

NVC

Received 01/26/09

Completed 02/13/09 (19 Days)

Interview Assigned 03/27/09 (6 weeks after NVC completion)

Medical

04/14/09 (Toronto)

Interview

Montreal 05/12/09 (88 days after NVC completion) **APPROVED**

POE

06/16/09 Buffalo

07/02/09 Welcome Letter Received

07/07/09 Applied for SSN

07/10/09 "Card production ordered" email received

07/13/09 SSN received

07/14/09 "Approval notice sent" email received

07/17/09 GREEN CARD received

Removal of Conditions

03/21/11 I-751 mailed to VSC

03/23/11 I-751 received at VSC

03/29/11 Cheque Cashed

03/30/11 NOA1 received (3/24/11)

04/11/11 Biometrics appointment notice received

05/05/11 Biometric appointment

12/13/11 **Approval date** (5 days short of 9 months!)

12/19/11 Approval letter and green card received

Naturalization

05/16/2019 Filed online (estimated completion February 2020)

05/18/2019 Biometrics scheduled

05/21/2019 Receipt notice and biometrics notices posted to online account.05/23/2019 Hard copy of NOA1 received

05/24/2019 Hard copy of biometrics appointment received

06/07/2019 Biometrics appointment (estimated completion January 2020)

12/31/2019 Email received "Interview scheduled"

01/01/2020 Interview date notice posted to online account (02/19/2020)

01/05/2019 Hard copy of interview appointment received

02/19/2020 Interview (**Approved**) and same day Oath Ceremony. 

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