The starting procedure

[zuzayliar 0]

Hi

I`m really confused about forms and rules. I have couple of questions and i really appriciate if you can help me.

I married with my wife(us citizen) in another country and came to us on b1 visa. Now I am going to apply for immigration.

1)Do we have to get married in US or US already recognizes our marriage?

2)Do i have to send forms concurrently?

3)What if my visa expires during the process? My visa expires on 5th October but it says 13 February 2013 on my I94

4)Which forms should I filed? Do I have to file I485 Supplementary A?

Thank you very much...

[LindaC1990 23]

http://www.visajourney.com/content/i130guide2

[Xanax 349]

Did you plan to come on a B visa and then adjust you status while in the US?

[zuzayliar 0]

Did you plan to come on a B visa and then adjust you status while in the US?

Yes, we married first in our country then I came on a b1 visa.

My wife has a dual citizenship by the way.

Edited September 7, 2012 by zuzayliar

[Xanax 349]

Yes, we married first in our country then I came on a b1 visa.

My wife has a dual citizenship by the way.

If you came to the US on a B visa with the intent to adjust to permanent resident you could potentially face problems. A B visa is not a dual intent visa and as far as I am aware is not meant to allow for adjustment to permanent resident. I believe it may actually be against the law to enter with the intent to immigrate from a non-immigrant visa (I could be wrong though).

I think you should look at the CR-1 visa as it is the most legal route. Here is the guide: http://www.visajourney.com/content/i130guide1

Edited September 7, 2012 by Xanax

[zuzayliar 0]

Thanks for your reply.

Can I still apply cr1 visa while in the US?

[Xanax 349]

Thanks for your reply.

Can I still apply cr1 visa while in the US?

You would need to go back to your home country for the interview and or return when you B visa expires.

[zuzayliar 0]

You would need to go back to your home country for the interview and or return when you B visa expires.

Is that impossible I can immigrate while I am in US? What if marry with my wife when i am in the US?

[Xanax 349]

Is that impossible I can immigrate while I am in US? What if marry with my wife when i am in the US?

You are already married?!

[zuzayliar 0]

You are already married?!

Yes, we married in another country not in the US

[Xanax 349]

Yes, we married in another country not in the US

That doesn't matter. If you are married, you are married. Getting married again in the US won't make you any more married or may using the B visa any more legal.

B1/B2 visitor visa is not a dual intent visa. In other words, you should only have the intent to stay as a visitor and not to immigrate when you get the visa.

If you have the intent to immigrate then you are not able to use the B visa to suit that purpose and need to apply for a K-1 visa for fiance(e)s or a CR-1 for spouses.

As you stated you had intent to immigrate when you entered; if you answer as such when it comes to your interview or you are proven to have immigration intent then you may not get a green card and their may be further repercussions down the line.

The bottom line is, you cannot forgo the proper visa process my using/ abusing the B visa and you should follow the proper immigration procedures for your circumstance; which in your case would be the CR-1 visa.

You are still welcome to use your B visa for your visit but when it expires you have to leave, similarly you will need to be in your home country for your interview.

Edit: This is the warning at the top of the I-130 application for spouses whilst in the US guide.

BE WARNED:

You must qualify to file for an I-130 in the US. Not everyone does, and in some cases doing so can be considered fraud and result in being deported and banned from re-entry into the US for a period of time. If you attempt to file and you do not qualify your legal status in the US can be placed in jeopardy. J1 Visa holders will almost always require a waiver and should consult with an immigration lawyer or the USCIS for more information. If you have any doubt, consult an immigration attorney.

If your fiance/fiancee came to the US on a tourist visa with the intent of immigration and marriage, and you are not yet married, then he/she should return to his/her home abroad, and the K-1 visa should be filed (using an I-129f) instead of the I-130 to avoid a denial, deportation, or even being banned from re-entry to the US.

If you are already married, and your spouse came to the US on a tourist visa with the intent of immigration and marriage, then he/she should return to his/her home abroad, and the I-130 (or along with an I-129f for a K-3 Visa) should be filed with the relative outside of the U.S. to avoid denial, deportation, or even being banned from re-entry to the US.

The above conditions are serious and can result in the separation of families for many years if not taken seriously.

Edited September 7, 2012 by Xanax

[ceadsearc 516]

You can file the CR-1 now and stay until your I-94 expires, then leave and wait the last couple months (depending on how long is left on your visa) in your country for your interview.

You don't need to remarry in the US if you are already married abroad.

[Ontarkie 14,279]

Xanax is correct, and she is giving you very good advice.