B2 Vs Visa Waiver with intent to go back abroad

[matywan 0]

Hi,

I am a French Citizen and I intent to marry an American citizen in Dec 2011 in Florida.

THE QUESTION:

Supposing we go live in France for a while after we get married in December in the US, what type of visa should I enter in under? (visa Waiver, B2, else..)

THE SITUATION:

Because we were miss informed on the time it actually takes to get a K1,we've just sent in the petition for a K1 visa (early august) and we are already pretty far off in the preparation of our wedding in December. The problem is pretty clear, there is no way I will get the visa in time before the wedding and moving the date is the last thing we want to do.

Now I have been looking into other possibilities that would be better than moving the wedding day (anything would be better at this point). What I found to be what could suit us the best is to enter the US on the visa waiver (or similar), get married in the the US in December, then before my visa expires go back to France and apply for a IR1 from there (it looks so much more flexible than an AOS!). Now my question is first, does it seam like a good plan to you and then what visa should I enter the US under? I saw in the embassy of Paris' website, that in this case I should enter with a B2 visa but they don't provide much details? Of what I understand the problems come when the couple wants to stay in the US after they marry, but in our case we are fine living in Europe until I get the proper visa.

Thanks so much for you help!

-Matt

[Virginian61 1]

Hi,

I am a French Citizen and I intent to marry an American citizen in Dec 2011 in Florida.

THE QUESTION:

Supposing we go live in France for a while after we get married in December in the US, what type of visa should I enter in under? (visa Waiver, B2, else..)

THE SITUATION:

Because we were miss informed on the time it actually takes to get a K1,we've just sent in the petition for a K1 visa (early august) and we are already pretty far off in the preparation of our wedding in December. The problem is pretty clear, there is no way I will get the visa in time before the wedding and moving the date is the last thing we want to do.

Now I have been looking into other possibilities that would be better than moving the wedding day (anything would be better at this point). What I found to be what could suit us the best is to enter the US on the visa waiver (or similar), get married in the the US in December, then before my visa expires go back to France and apply for a IR1 from there (it looks so much more flexible than an AOS!). Now my question is first, does it seam like a good plan to you and then what visa should I enter the US under? I saw in the embassy of Paris' website, that in this case I should enter with a B2 visa but they don't provide much details? Of what I understand the problems come when the couple wants to stay in the US after they marry, but in our case we are fine living in Europe until I get the proper visa.

Thanks so much for you help!

-Matt

Just a guess on my part, but I think your best bet would be to go to the US embassy, explain tyour intent and request a B2 visa. If they give it to you they will often make a note on teh visa about your intent so that the CBP officer knows that the consular official knew about this when the visa was issued. If you go with just the VWP, you have to explain the whole thing to the CBP officer at the airpport and if he doesn't believe you he can just refuse to let you in which would be a problem later.

It's worth a shot!

[Penguin_ie 5,999]

I say go with the VWP_ it would be quite normal for you to want to visit your fiance during the holidays. Your US fiance can apply for the CR-1 spousal visa as soon as you have the marriage cert, but you will nee to leave the US after your 90 days are up.

[mustafa1232 3]

Hi,

I am a French Citizen and I intent to marry an American citizen in Dec 2011 in Florida.

THE QUESTION:

Supposing we go live in France for a while after we get married in December in the US, what type of visa should I enter in under? (visa Waiver, B2, else..)

THE SITUATION:

Because we were miss informed on the time it actually takes to get a K1,we've just sent in the petition for a K1 visa (early august) and we are already pretty far off in the preparation of our wedding in December. The problem is pretty clear, there is no way I will get the visa in time before the wedding and moving the date is the last thing we want to do.

Now I have been looking into other possibilities that would be better than moving the wedding day (anything would be better at this point). What I found to be what could suit us the best is to enter the US on the visa waiver (or similar), get married in the the US in December, then before my visa expires go back to France and apply for a IR1 from there (it looks so much more flexible than an AOS!). Now my question is first, does it seam like a good plan to you and then what visa should I enter the US under? I saw in the embassy of Paris' website, that in this case I should enter with a B2 visa but they don't provide much details? Of what I understand the problems come when the couple wants to stay in the US after they marry, but in our case we are fine living in Europe until I get the proper visa.

Thanks so much for you help!

-Matt

hi matywan Marrying a U.S. Citizen on a B2 visa

Generally speaking, if fiancee enter the U.S. to marry a U.S. citizen using a B2 visa, but you as a fiancee will need to convince the U.S. Customs and Border Patrol officer at the port-of-entry that you fully intend to leave the U.S. soon after the wedding and obtain another visa (which is cr1 visa)before re-entering. You cannot file for adjustment of status based on such a marriage while on a B2 visa.

Showing the CBP a return-trip ticket, a letter from your employer stating that you are expected to return to your foreign employment and other evidence of your intention to depart the U.S. may help gain your entry. but if we look in other side of imigration laws this is illegal you cannot marry on B2 visa, if you want to avoid all majors problem better get k1 Finacee visa and get married for smooth sail for example if you filed on b2 visa on adjust of status. there is no gurantee your visa get approved or denied no lawer give you 100 percent gurantee about denied or approval if your visa denied you suddenly deport in my suggesition you filed k1 visa for your fiancee because this is immediate reletive visa the whole process is only 6 to 7 month and other is the best strong option that your us citizen fiancee come to your home country and you marry her and then filed for cri1 visa and i strongly suggest you go for cr1 visa this is headace free cheaper money saving and time saving for example and if U.S. Customs and Border Patrol officer at the port-of-entry denied your B2 visa request this things effect your cr1 visa case because customs and border patrol officer enter your B2 visa denied request details in their computer data base and after your marriage with us citizen and when you go for your cr1 visa interview there is 99 percent chance consular officer ask you about your previous B2 VISA denied matter and this things lots of effect your cr1 visa case because your one wrong step effect your whole future it is better for you and your future that you marry in your home country

Edited August 10, 2011 by mustafa1232

[matywan 0]

Looks like there's less risk to enter on the VWP, I've used it a few times already in the past year to visit her and I never had any problems. I spent 5 years in the US first as a student (F1 and J1) and then as a religious worker (R1) and I never had any trouble with the CBPs they are usually pretty nice and ask me questions about my life in Florida and Louisiana and I answer quite naturally.

When I enter on the VWP I always say that I'm visiting friends (which is the truth I have quite a few everywhere) and I never mention my fiancée. they don't need to be more confused than they already are with my three old visas.

What are the risks of entering on the VWP since I'm leaving before it expires? Would they check that I was under a VWP when we got married by cross checking the dates? Could they deny my CR1 because of that? that's really the only risk.

I mean really what advantages does the B2 visa give me if it's not much more legal than on the VWP... I was leaning towards the VWP already but now even more.

[matywan 0]

And as far as going to the US Embassy, besides the fact that it is in paris, and I'm pretty far from there, you can't enter without and appointment or if you are a US Citizen... and you can't call in either to just ask a question (and it costs 15 euros per call and it's pretty much only to set appointments for interviews). Thence you guys are my best source of info

[Ryan H 3,856]

but if we look in other side of imigration laws this is illegal you cannot marry on B2 visa,

Incorrect. You can marry on a B2 visa and you can marry on the VWP, however, you would have to leave when your authorized stay expires.

for example and if U.S. Customs and Border Patrol officer at the port-of-entry denied your B2 visa request this things effect your cr1 visa case because customs and border patrol officer enter your B2 visa denied request details in their computer data base and after your marriage with us citizen and when you go for your cr1 visa interview there is 99 percent chance consular officer ask you about your previous B2 VISA denied matter and this things lots of effect your cr1 visa case because your one wrong step effect your whole future it is better for you and your future that you marry in your home country

This is also incorrect, while someone who was refused a tourist visa or refused entry would likely be asked about it at a spousal visa interview, such a refusal would not have any bearing on the CR-1 visa case.

Edited August 10, 2011 by Ryan H

[Penguin_ie 5,999]

The only risk going on the VWP is a small risk of being denied entry if they realise you intend on getting married, as they may be afraid you will stay in the USA nillegally- but you run the same if you were to apply for a B2. I would bring proof that you will return home (letter from employer, bills etc), but chances are you will sail through as most people on the VWP do.

[KevinF 3]

Actually, you can go to the Paris embassy on Fridays from 9-11 and explain your issue. General inquiries are allowed on Friday and if you explain your issue, you will get some help. I do not know how far you live from Paris, but it is possible to talk to them on Fridays.

[mustafa1232 3]

Incorrect. You can marry on a B2 visa and you can marry on the VWP, however, you would have to leave when your authorized stay expires.

This is also incorrect, while someone who was refused a tourist visa or refused entry would likely be asked about it at a spousal visa interview, such a refusal would not have any bearing on the CR-1 visa case.

hi Ryan please refresh your memory and then reread my whole paragraph again and please bear in mind first read whole paragraph then give any answer to other person. i quote my paragraph here

but if we look in other side of imigration laws this is illegal you cannot marry on B2 visa,

for example if you filed on b2 visa on adjust of status. there is no gurantee your visa get approved or denied no lawer give you 100 percent gurantee about denied or approval if your visa denied you suddenly deport[please tell me Rayan what is the meaning of (other side) its mean options for example the other side of the coin a different aspect of a situation, especially a bad aspect when you have already mentioned a good aspect for example if foriegn person marry to a us citizen on B2 visa and after marriage US CITIZEN wife or husband filed AOS this type of activity is consider illegal because he or she cannot marry on a visitor visa.A tourist visa or visitor visa is for temporary visits only. It is not intended for use by people who intend to immigrate to the United States. It is okay if you plan to get married on a tourist visa in the U.S. and then go home to your own country - that means the intent to immigrate isn't there. But to enter the U.S. on said visa with the intent to get married AND stay there permanently - by getting a green card - is committing visa fraud.

and lets come and discuss your second objection which i quote my own paragraph here.

for example and if U.S. Customs and Border Patrol officer at the port-of-entry denied your B2 visa request this things effect your cr1 visa case because customs and border patrol officer enter your B2 visa denied request details in their computer data base and after your marriage with us citizen and when you go for your cr1 visa interview there is 99 percent chance consular officer ask you about your previous B2 VISA denied matter and this things lots of effect your cr1 visa case because your one wrong step effect your whole future it is better for you and your future that you marry in your home country

for example if us costoms and border patrol officer denied op visa at the port of entry this visa denied is harmful for your usa previous travel history and this things also affect your status and your future travel reputatioin..

for example if we look in other side if border officer approved op visa at the port of entry and op going to usa and then op married to a usa citizen and after marriage op return back to his home country and then op wife apply for immigration cr1 petation for his husband and then at the time of op cr1 immigration interview for example consular officer ask op that you mis lead mis guide us or your commitment is untruthful and your statement is full of lies at the time of your tourist visa interview you told our consular officer that you are a visitor or tourist and your purpose is only to visit usa and your statement is save in our record or you trying to trick us or iam very doutful about your marriage and i think your marriage is preplanned and your marriage is only purpose for avail green card or you are a liar iam not believe you any more let suppose op have not any solid reason to satisfy consular officer.or have no any justification of op statement of is action or and the end of op interview op ask immigration officer please tell me the result of my interview and consular officer say to op iam not recommend any visa at a time iam transfer your case for further inquiry .. my purpose is only for to inform people beprepared and ready any type of cross questioning. becoz consular officer have fully right and authority to ask you any type of question. please dont think only positive side.think about positive and negative both side of question. because we are not living in dream world we are living in reality world. so please face reality of this world positive and negitive both for example if you miscommit any body every person have a fully right to ask you why you miscommit me or us so my question is for you Ryan why consular officer have no right to ask op why you give us wrong statement about your tourist visa let supose consular officer tell op iam consider your statement as a illegal or consider your statement as a visa fraud or consider your statement mislead and misguide or trick us or you commit a fraud

Edited August 11, 2011 by mustafa1232

[matywan 0]

I didn't know that Kevin, thanks for the info. Unfortunatly a trip to Paris is not the easiest to accommodate just to get info. I'll see if I have the opportunity maybe I will come expose my case there... I wish there was some official there I could contact by email at least. I found one pretty easily on the website of the French consulate in Miami

But thanks again for the tip