b1/b2 visa getting married vs K-1 visa

[usprofessional 0]

Hi everyone. I am a naturalized US citizen with a dilemma. My fiancé currently has a B1/B2 visa which is a visitor for business/ visitor for pleasure visa. We were originally planning to get married here in the US on her next visit here in June 2012 but I was advised by a friend to get a K-1 visa instead as it would be more "appropriate" or legal. We have no ill intentions and want to get married properly so that we can be together here in the US.

Should we wait for a k-1 visa or should we go ahead and get hitched? Please help us out. All the advice is very much appreciated. Thanks a bunch in advance.

USprofessional

[Pitaya 2,577]

Hi everyone. I am a naturalized US citizen with a dilemma. My fiancé currently has a B1/B2 visa which is a visitor for business/ visitor for pleasure visa. We were originally planning to get married here in the US on her next visit here in June 2012 but I was advised by a friend to get a K-1 visa instead as it would be more "appropriate" or legal. We have no ill intentions and want to get married properly so that we can be together here in the US.

Should we wait for a k-1 visa or should we go ahead and get hitched? Please help us out. All the advice is very much appreciated. Thanks a bunch in advance.

USprofessional

Welcome to the forum. You ask a very good question, so good that it is asked VERY frequently! At the present time, I estimate that there are at least two other similar themed threads. I would suggest that you review those threads, and become acquainted with the wealth of great information on this site, in particular, the GUIDES located at the top of the forum page.

Good fortune on your visa journey.

[Mrs.Proud2010 2]

Good day!

Just gonna pitch in my situation. I had an old tourist visa then I met my USC husband. We flew to Seattle and married there with the blessings of his family. We stayed there for 3 weeks and went back to the middle east where we first met, and live until now. We had no problem with immigration when we entered and left and etc... I tried to apply for another b1/b2 visa for the holidays so we can visit the family and was refused by the embassy because they say I should get a green card. (so yea, they are strict this way when it comes to intentions and future plans)

But if you and fiancé' intention is to stay in the US after the marriage and apply for adjustment of status and etc... There is a huge risk that you will get denied. Especially if the tourist visa is near to expiring. The reviewers will always argue that the relationship was forced or not legit. It is best to get a fiancé k-1 visa if the intention is to live in the US immediately after the marriage in the US.

If you want to take the chance, your decision. If you can prove a strong case of bonafide relationship going on. Why not take a chance? (you will spend over $1,500 for this chance)

But better safe than sorry right? So, let your fiance go to his home country. And file for k-1 visa (make sure you can prove that the relationship has been going on for 2 years)

Just letting you know what I read online :-)

Blessings to your engagement!

[TimeTravel 78]

Yes, exactly right. You must go with K1 - Fiance Visa, then get married once your fiance arrives in US thru K1 visa.

Getting married on B1/B2 when you guys have prior plans for marriage, it would be considered as visa fraud, and can give hard time for AOS.

[Mrs.Proud2010 2]

Oh I meant to say "let HER go home and file for the k-1 visa"..., or if you guys haven't been dating long enough, just get married in the Philippines (her country) and file for an immigrant visa cr1/ir1 green card visa. I heard a k-3 and a cr1/ir1 visa both have the same turn out time anyway (if you consider all the paperworks)

[max+patricia 24]

This is discussed here alot. The K-3 is pretty much toast, btw.

Coming to the U.S. and getting married on a tourist visa is legal, provided the non-USC leaves before his/her I-94 expires. The legal path from there is to file for a CR-1 visa which would end with the non-USC getting a visa and green card to come back to the U.S. (if/when approved, of course). It can sometimes be a challenge for a non-USC to convince an airport immigration officer that they intend to marry in the U.S. and leave their (then) spouse. Something worth considering, IMHO.

Coming to the U.S. and getting married on a tourist visa with the intention of adjusting status afterwards is (typically) considered visa fraud. Some people are successful doing this, some people aren't. I wouldn't recommend it. For those who aren't successful, the consequence can be a lifetime ban of the non-USC on any type of visa. Done deal. Whether that risk is worth it to you is your call.

Of course, the K-1 is another option which gives the non-USC a visa to come to the U.S., marry, and adjust status legally. Manila can be a pretty tough consulate for some K-1 applicants, so best to check what would work best with your personal situation.

Be careful when considering these options. My (now) wife and I were in the same boat. She came to the U.S. on her tourist visa, we married, she will return to her home country before her I-94 expires, etc. The easiest way (to marry, stay, adjust status) definitely isn't the safest way.

Good luck to you.