Marrying in U.S. on B-2

[Doncito 1]

My Fiance is here on a 6 month Visitor Visa..Can we Marry now in the U.S.? IF so, after we file for the CR-1 here, can she still remain here for the remainder of time on her B-2 (return date is Feb 3rd) before returning to Mexico? Thanks all for you help...

[JohnR! 5,495]

My Fiance is here on a 6 month Visitor Visa..Can we Marry now in the U.S.? IF so, after we file for the CR-1 here, can she still remain here for the remainder of time on her B-2 (return date is Feb 3rd) before returning to Mexico? Thanks all for you help...

Yes, on all accounts... She can marry you on a B2 visa and stay in the US until the date specified in her I-94. You can file for her CR-1 as soon as you get married.

Congrats!

Edited October 5, 2012 by Gegel

[Jalos-LongBeach 7]

Hi. I think what you want to research is AOS or adjustment of status. I think you applied for a K-1 visa for her didnt you? Im surprised she got the B-2 Visa if you did actually do that because when she applied she would have had to disclose that someone applied for the K-1 for her and they almost always deny a B-2 while the K-1 process is going on. They could see it as fraud if she didnt mention it and she had the K-1 in process when she went to get the B-2.

The B-2 is given to be a tourist and not to come with the intention to marry. If you applied for the K-1 for her I imagine it would be hard to prove that she didnt come here on the B-2 to get married.

It all will depend on if you applied for a K-1 for her.

A B-2 recipient can decide to get martied once here if she had no intention to get married when she applied for it. Then apply to adjust her status. If the USCIS determines she came with intention to marry then its considered fraud.

Im just telling you this so you can research this a lot further and not get slowed down because they suspect fraud. I would probably call a lawyer to see what they say. I mean just there info can help. But be very truthful explaing to them about when you applied and anything that you filled out on K-1 application and what she put on her B-2 application. It all may come down to when each of you applied for the visas.

Just my look at it. Like I said its just some things to consider

Edited October 5, 2012 by Jalos-LongBeach

[Ryan H 3,813]

The B-2 is given to be a tourist and not to come with the intention to marry.

Incorrect, it's perfectly fine to apply for a B2 visa with the intention to come to the US and get married. there are thousands of weddings that take place in the US every year where one of the parties is a foreign citizen and they had every intention of coming and getting married, and then returning to their country when their authorized stay was over.

What is fraudulent is using a B2 visa the intent to come, get married, and then stay and adjust status. Even though the burden of proof is on the government to prove fraud, people should never go down the path that could lead a finding fraud since the consequences of fraud are severe.

OP, it is perfectly fine for you to marry your fiancee now and you can immediately file the paperwork after you marry. She can remain in the US after her filing until her authorized stay ends (which you have indicated as February 3rd).

Edited October 6, 2012 by Ryan H

[alex555 0]

Incorrect, it's perfectly fine to apply for a B2 visa with the intention to come to the US and get married. there are thousands of weddings that take place in the US every year where one of the parties is a foreign citizen and they had every intention of coming and getting married, and then returning to their country when their authorized stay was over.

What is fraudulent is using a B2 visa the intent to come, get married, and then stay and adjust status. Even though the burden of proof is on the government to prove fraud, people should never go down the path that could lead a finding fraud since the consequences of fraud are severe.

OP, it is perfectly fine for you to marry your fiancee now and you can immediately file the paperwork after you marry. She can remain in the US after her filing until her authorized stay ends (which you have indicated as February 3rd).

Ryan H is correct. Marrying someone on a B1/B2 (or B2) visa is perfectly fine. What's not OK is the spouse staying past the authorized and then adjusting status... yes, you may likely succeed, but it's not worth the risk. It might even impact family members of your spouse when applying for visas to visit your spouse in the future, since the Embassy might think this person will do the same (use a B1/B2 visa for immigration purposes)

[Doncito 1]

Thank you my friend for your good information. I appreciate it very much!! Sincerely, Doncito

Ryan H is correct. Marrying someone on a B1/B2 (or B2) visa is perfectly fine. What's not OK is the spouse staying past the authorized and then adjusting status... yes, you may likely succeed, but it's not worth the risk. It might even impact family members of your spouse when applying for visas to visit your spouse in the future, since the Embassy might think this person will do the same (use a B1/B2 visa for immigration purposes)