B2 Visa & engagement?!

[AZLL 0]

Hi, I am British and a holder of a B2 Visa, which i have possessed for 18months now.

I own a home here in the US and in my homeland UK. I am currently in the US under my B2 however returning to the UK next week. I have now met my girlfriend who im wishing to propose to in the next few months. All being well and she feels the same, what do i need to do visa wise? Should i return and then propose when in the US or propose in the UK when she comes and visits?

Advice please...

And i'm a clean simple guy - I don't have any criminal records or background with drugs, alcohol etc...

[Tempo House 6]

It's up to you when and where you propose to your girlfriend.

And that's true even if I assume something that you don't state in your question, which is that you imagine yourself immigrating to the U.S. once married.

You can't legally enter the U.S. on your B2 with the intention of immigrating permanently, on the basis of marriage or anything else. So don't do that.

You can technically enter the U.S. on your B2, get married, and return to the U.K. But you might have a hard time convincing an immigration official that you really are going to return to the U.K., and so you risk being denied entry.

Ultimately, if you hope to live indefinitely in the U.S. with your American wife, you'll need to investigate the K1 visa (a "fiance visa" which permits you to enter the U.S. on a one-time basis with the intention of marriage within 90 days of entry, and then to "adjust status" to that of a permanent resident (green card holder)), or the CR1/IR1 visa (applied for while you live abroad and are already married to a U.S. citizen).

[AZLL 0]

Thanks Temp House.

Yes, my plan once engaged / married would be to remain here in the US.

Based on what you have stated then, the easiest and cleanest way would be to propose and marry in the US however when entering the county dont allude anything other than visiting my holiday home as per norm. Then once engaged and / or married ask for AOS which will hopefully allow me to stay here!

Any more advice would be most welcome.

Thanks.

[Harpa Timsah 13,258]

It is illegal to plan to use a tourist visa (non-immigrant) to immigrate. You can get married in the US and then LEAVE, which is what the above reply was alluding to, but lying or withholding the truth at the POE and then adjusting status might get you a lifetime ban for misrepresentation. Look into the guides for either spouse or fiance visas.

[missicy 87]

Then once engaged and / or married ask for AOS which will hopefully allow me to stay here!

You can't "ask" for AOS while engaged, you have to be married.

AOS in the US is only possible for those who entered the US without an intent to immigrate. You already have an intent so your options are, like previously mentioned, K-1 fiance via or CR-1 spouse visa.

[AZLL 0]

Thanks but ideally i don't want to be apart from her too long from her (i hear K1's take forever) but also don't want to cause any problems with immigration as i have a home, B2 visa and a mortgage in the US already!

So, if our relationship continues to blossom and i opt to propose do i.... !) propose in the US, go home and then apply for a K1 visa, 2) propose and marry in the USA and then ask for AOS (many on here have said this has been successful as maybe there wasn't obvious intent at POE) or 3) something else...

Has anyone stories of there own similar to this...

This is me trying to play by the rules but also marry the love of my life!!!

[Ippsy Pippsy 31]

Thanks but ideally i don't want to be apart from her too long from her (i hear K1's take forever) but also don't want to cause any problems with immigration as i have a home, B2 visa and a mortgage in the US already!

Check what the current timeframes are. Probably 5 months and then wait time to get the interview at the consulate.

So, if our relationship continues to blossom and i opt to propose do i.... !) propose in the US, go home and then apply for a K1 visa, 2) propose and marry in the USA and then ask for AOS (many on here have said this has been successful as maybe there wasn't obvious intent at POE) or 3) something else...

Has anyone stories of there own similar to this...

This is me trying to play by the rules but also marry the love of my life!!!

You say "honey let's go to Vegas and get hitched!" Then you are married, and then you *leave*, and she applies for a CR-1 for you. That's legal. It is legal for you to enter, get married, and *leave*, but I'd say don't plan a wedding and try this: good luck not getting denied at the border as you try to prove that you will leave again.

or...

You say "honey let's get married" and you do the K-1. Don't put any down payments on anything until you have the visa! You can still enter the USA while you are applying. I think there are entire threads devoted to it. You have to prove "intent to return", i.e. that you will not stay and try to AOS until you have the proper visa. Don't mention the house in the USA you own. Instead, mention the one in the UK you own, show your bank account, and your return flight. And maybe a letter from your employer saying you are expected back to work on a certain date in a certain country that is not the USA. That's the jist of what they'll want. Don't pull it out unless you have to.

My SO has visited the USA 2-3 times while we were waiting. It's easier if you can wave around something showing you have to be at a conference! So with the K-1, you can visit.

I have no clue how all this interacts with a B-2.

[Little_My 463]

The issue here is that you have now established obvious intent to immigrate, which makes this challenging for you. Yes, technically you could probably enter the US with your B2 visa (assuming they would let you in with a tourist visa even though you own property here), and yes, you could then proceed to propose and marry your love and proceed to AOS in the US. However, this would essentially now constitute visa fraud since you obviously plan to immigrate to the U.S. When people enter the US with non-immigrant visas such as the B2, F1 tourist etc. with the initial plan to come here just for a holiday or study in the US, then meet someone here, decide to marry and proceed to AOS, it is fine and all within rules and guidelines, as immigration was not the initial plan of the foreigner when entering the U.S. with a non-immigrant visa.

Could you still do this? Possibly. As has been mentioned in many previous threads by some of the very knowledgeable VJ members, intent alone is not a valid reason for denial, and the burden to prove intent to immigrate with a non-immigrant visa is on USCIS, which is often hard to do. However, let's say you come here on a B2. Let's say they ask you at POE why you are coming to the U.S. and you say it's for a holiday or tourism. Let's assume something, whatever, makes the IO suspicious and you are pulled into secondary interview - and they ask you in more detail what your plans are here in the U.S. You would have two options - be honest about your intentions, which almost certainly would result in you not being let into the country and being put back on a plane, OR you could lie about your intentions, which would go on record, and would make AOS within U.S. almost impossible and definitely VERY risky for you.

The other options at your disposal are the K-1 route, which means you could not marry her until the K-1 visa has been issued since it is a fiance visa, or you could come to the US, propose to her and marry her, then leave and apply for the CR-1 spousal visa. Both do include you two spending some months apart, but are less risky than AOS from B2. CR-1 is also notably cheaper, and does not include any period when you would be stuck in the U.S. without being able to work and/or travel, as a person entering with a CR-1 visa immediately becomes a legal permanent resident upon entry.

[Harsh_77 716]

Thanks Temp House.

Yes, my plan once engaged / married would be to remain here in the US.

Based on what you have stated then, the easiest and cleanest way would be to propose and marry in the US however when entering the county dont allude anything other than visiting my holiday home as per norm. Then once engaged and / or married ask for AOS which will hopefully allow me to stay here!

Any more advice would be most welcome.

Thanks.

By doing this u r committing a visa fraud.

your tourist visa is only for purpose of being tourist not to settle in US.

You can get married in US and then return back home, while your wife would file for your paper work and the u will do an interview with consulate in UK and once granted the CR1, u will enter back on CR1.

[Tempo House 6]

Thanks Temp House.

Yes, my plan once engaged / married would be to remain here in the US.

Based on what you have stated then, the easiest and cleanest way would be to propose and marry in the US however when entering the county dont allude anything other than visiting my holiday home as per norm. Then once engaged and / or married ask for AOS which will hopefully allow me to stay here!

Any more advice would be most welcome.

Thanks.

As others have said (and I did above in fact), unfortunately that's not a legal use of your visa.

[Boiler 43,381]

So, if our relationship continues to blossom and i opt to propose do i.... !) propose in the US, go home and then apply for a K1 visa, 2) propose and marry in the USA and then ask for AOS (many on here have said this has been successful as maybe there wasn't obvious intent at POE) or 3) something else...

There is also the CR1, but bearing in mind your requirements I would agree that these seems the best ones.

First of course she has to accept.

The big issue that I see is how long you can stay before you need to leave the country. You will need Advanced Parole which can take anything up to 3 months.

All other things equal I would go for the quickie marriage and adjust in country.

[Brother Hesekiel 2,235]

AZLL,

Looks like you are getting it left and right. In case you wonder why: most of the VJ members on this site have been waiting patiently for their turn to immigrate to the US and really don't like it if somebody considers using a shortcut.

I will leave any and all emotions out here and I will also not advise you to do anything, other then NOT to lie to any immigration official ever.

There are basically 3 ways to pull this off:

1) The K-1 Route

You propose, your fiance files an I-130 for you. The package eventually goes to London where you'd have your interview. You get a K-1 visa, enter the US within the following 6 months, get married within 90 days after arrival, then file for Adjustment of Status (AOS).

Advantage: no separation from your bride. Disadvantage: $1,070 for AOS. No ability to get a driver's license or work until AOS is adjudicated, usually about 5 months.

2) The CR-1 Route

You propose, you get married. Your fiance files an I-130 for you. The package goes to London where you'd have your interview. So far everything is like above. Eventually you'll get your CR-1 visa. You travel to the US and enter as a Lawful Permanent Resident (LPR). At the airport you'll get the I-551 (Green Card) in stamp form in your passport. The actual Green Card arrives a couple of weeks later in the mail.

Advantage: No AOS. No waiting for driver's license or job. Disadvantage: takes a month longer then K-1 route.

3) The AOS Route

You propose, get married. Your fiance files and I-130 plus AOS for you, concurrently. Your interview is in the US. Once adjudicated, you'll be a LPR and get your Green Card in the mail.

Advantage: obvious, isn't it? Disadvantage: No ability to get driver's license or work until AOS is adjudicated, usually 5 months.

The final thoughts to route 3:

Entering the US with the intent to get married is legal. Entering the US with the intent to file for AOS is illegal. Since intent mostly happens inside the brain, it is not being made an issue of when adjusting. In fact, the I.O. is not allowed to use it to deny your AOS, even if he/she is convinced you planed this from the get-go.

What would be immigration suicide is misrepresentation, i.e., stating at the airport something that is not true, no matter how trivial it may seem.

Since you are a grown man and property owner, I assume you are mature enough to make your own decision based on the facts. Information is King.

Edited June 30, 2011 by Just Bob

[Harsh_77 716]

+1 for what Bob said

[NHKx2 43]

Thanks but ideally i don't want to be apart from her too long

NONE of us want to be apart from our loved one for too long; however, there is a right way and a wrong way to do this. Those of us waiting for a visa are not doing so simply because we don't mind the wait and are generously standing back to allow those who are impatient to skip ahead of us in line.

It is possible you could get away with entering the US with intent to AOS, and it is also possible you could get pulled into secondary at the border and sent packing on the next flight out. I couldn't take that risk, personally.

Edited June 30, 2011 by nmcrawford

[Boiler 43,381]

?????????????

He is in the US.