Questions Related to Fiance with a B1/B2 Visa

[TaylorSmith 0]

I am a US Citizen. My fiance and I are planning on getting married in 50 days using her B1/B2 Visa. We are not sure though if this is the best way because from what I understand you can not file for an adjustment of status using the B1/B2 visa. So after we get married will we need to apply for a K3 Visa for her? Another problem is that since she lives in Beijing and Guangzhou is the only place where she can file for the K3 visa we are wondering if she could come here using the B1/B2 Visa after we've gotten married and then apply for a Green Card of K3 Visa then... We are not sure about this though because her B1/B2 Visa expires in a year from now and from what I understand the process for the K3 Visa can take longer than a year and the Green Card process will definitely take longer, so if her B1/B2 Visa expires before we get the Green Card or K3 Visa will this present problems for us such as her being sent back to China? I'm sorry if I seem like I know nothing about the processes... We are both very busy with finals right now and this process itself is very confusing... Thank you in advance for any help.

[Penguin_ie 6,003]

Entering the USA with a tourist visa with the intent of staying is visa fraud and can potentially carry a lifetime ban, don;t do it! Getting married in the US is fine, but she cannot come here to get married AND STAYING. Forget the K3, it is an obsolete visa; you will be getting the CR-1 spousal visa. You can file as soon as you have the marriage cert, and it will take 8-10 months to get the visa, not usually "over a year" unless you filled forms in wrong or there are other problems. She can stay on her B2 as long as she is given, usually 6 months, and can also come to visit on her tourist visa during the process. The she'll return home for her medical and interview.

[pushbrk 14,184]

I am a US Citizen. My fiance and I are planning on getting married in 50 days using her B1/B2 Visa. We are not sure though if this is the best way because from what I understand you can not file for an adjustment of status using the B1/B2 visa. So after we get married will we need to apply for a K3 Visa for her? Another problem is that since she lives in Beijing and Guangzhou is the only place where she can file for the K3 visa we are wondering if she could come here using the B1/B2 Visa after we've gotten married and then apply for a Green Card of K3 Visa then... We are not sure about this though because her B1/B2 Visa expires in a year from now and from what I understand the process for the K3 Visa can take longer than a year and the Green Card process will definitely take longer, so if her B1/B2 Visa expires before we get the Green Card or K3 Visa will this present problems for us such as her being sent back to China? I'm sorry if I seem like I know nothing about the processes... We are both very busy with finals right now and this process itself is very confusing... Thank you in advance for any help.

A visa process begins with the US Citizen filing a petition and then ends with the foreigner applying for a visa. K3 is obsolete but you will file an I-130 in the USA, regardless of the immigration route you choose, because that is the petition for alien relative that starts any spouse process.

[The Mean Lady 604]

Entering the USA with a tourist visa with the intent of staying is considered visa fraud. But if they can prove that his fiance didn't have the intent upon her entry to the USA, then get married and apply for AOS is fine.

But the fact that she hasn't entered yet, that you just stated it's fraud, and VJ just informed him as well really makes him aware of the illegality of it all.

If she's ALREADY in the country, then sure OP can go ahead and AoS and will have the burden of proving it was not the intention.

[Darnell 8,480]

Loto's Wiki Page - http://www.visajourney.com/wiki/index.php/How_to_bring_your_foreign_spouse_to_live_in_the_US

http://www.visajourney.com/wiki/index.php/EZGuideSpouse

Read those two pages.

Refactor your plan.

It's perfectly fine for her to come INTO USA to marry, she just can't stay and attempt to adjust status, remaining in the USA.

It's the weekend, read, take copious notes, and read some more.

FWIW, Guangzhou is the only USA Consulate in China that adjudicates spousal visas. BeiJing? just isn't done.

B1/B2 visa not control her amount of stay in the USA - the I-94 does, once she's through a POE.

Edited December 8, 2012 by Darnell

[pushbrk 14,184]

Also remember that you guys need to recall if your fiance had intent to marry upon her entry or not. If not, how can you prove that along the application for AOS. The K3 visa is seldom heard from my point of view though. I personally think K1, CR1 and simply file for AOS (if you meet the conditions about no intention to marry and show the proof for AOS) are options. Work your pros and cons, find out which one is most suitable for you. Wish you good luck along the visa journey.

Intent to marry is not a problem. No special visa is needed to marry in the USA. It's the combination of marriage and staying to adjust status that can be problematic, depending on the circumstances.

People who decide after they are already here, to marry and adjust status, are successful many times every business day at local USCIS offices all over the USA.

[pushbrk 14,184]

B1/B2 visa not control her amount of stay in the USA - the I-94 does, once she's through a POE.

Exactly! The length of stay is determined upon entry. Just as a visa does not guarantee entry, its maximum stay designation does not guarantee that length of stay will be granted on each or any entry.

[The Mean Lady 604]

No you are wrong. I never said that his fiance had immigration intention. I was just making a statement which is correct to say. I never said that statement is for his situation.

I'm not wrong, I just think you misunderstood me, and that's fine.

[Operator 1,927]

TaylorSmith the best advice is to take a couple of hours and read after you have pushed the Guides button at the top of this very page. The process is not really that hard and if you are busy with finals then I'm guessing you have what it takes to figure it out. Once you have studied up on this come back and ask a bunch of questions and the smart folks here will walk you most of the way home.

Seriously, it's not that confusing with a little study.

Good luck and you started in the right place!

[craig5977 60]

I agree with what has been said but I have 3 friends over the years to visit from China and Singapore on B1/B2 visas only to have the Immigration Officer at the POE write on the back of their I-94 "No AOS" which I guess would mean they cannot Adjust status here if they did get married here.