Marry and immigrate on B1/B2 visa

[Cyclemad 0]

Hi all,

I am trying to figure out if it is possible to use my current, valid (until 2023) tourist visa to marry and then possibly immigrate to the USA, or if I must first get a Fiance visa. I have just returned from a visit to the states to meet a lady I came into contact with on a dating website. Going over there I loved the place as well as her and her children. I plan to fo back for a longer (5 or 6 months) visit next year. We have already spoken of marriage and both are fully intending spending the rest of our lives together. If, while I am there, I propose and she agrees to marry,and we het married there......can w then apply for a change of status for me,or do I need to retur n to my home country and apply for a spouse visa?

Thanks for your help.

[Harpa Timsah 13,258]

It is illegal to enter the US on a tourist visa with the intent to immigrate. You cannot use it to bypass normal immigration processes.

This option exists for overstayers and people whose circumstances change suddenly.

If you lie to try to get in to the US on a tourist visa for the purpose of immigrating you can be banned for life.

[Pitaya 2,577]

Agree with Harpa. Additionally, in response to your inquiry, the Guides (step-by-step Spouse Visa guide) say it best:

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 October 8, 2013 by A&B

[mrjack 9]

Legally you can't enter the US on a tourist visa with the intent to immigrate. ICE are pretty good at ferreting them out, like asking questions and checking your luggage. The big risk if you do that is that you will be deported straight back to SA and your visa will be cancelled.

It's a bad idea to go to the US with the intent to get married on a tourist visa, but there are many who go to the US, get married and because circumstances change, they decide to stay. That is a pretty normal thing.

My wife, kids and I came back to the US on a tourist visa to visit my mom and have my daughter checked out by a doctor here. The doctor needed to keep her longer, my mom's health wasn't as good as I thought and I got offered a job. We decided to stay. It would have been a major family disruption if my wife would have been required to go back to the Philippines and wait for a visa. This is what AOS from tourist visas is intended for.

[Cyclemad 0]

Thanks for the replies. I was unaware of this, so a good things that I asked!

[Captain Oates 911]

Hi guys - I beg your indulgence as I have query which naturally follows on from this case:

I have actually been right through this mill more than once with TWO fiance visas for me plus AOS plus AP and then finally CR1 to enter with green card status - and now I am Citizen yippee ! Dont ask - it was a start stop thing with us going back and forth.

Phew I say phew ! Been here since 2007 GC cr1 entry and a citizen since 2010.

I was so traumatized by the whole thing that my mind has erased most of what I learned so I beg your up to date info:

Here goes:

"Someone I know" got married in South America and brought his spouse here a few months ago on a Tourist Visa with intent to stay (in my opinion)

My understanding is that if they apply for AOS while they are both here, they could get in a big mess over whether she lied at the border

My advice to them would be for them to go back to South America and apply from there even though he may hit 'domicile' problems if he tries to sponsor.

Before I give this advice, I just wanted to check with the VJ people to see if there is any way she could do AOS succesfuly from the US

There are no extenuating circunmstances such as family illness etc

If not, should she file for a k3 before she returns for interview and stay as long as possible in the US while the k3 is processing ?

I did something slighty similar once as I arrived on VWP an applied for a K1 while here - then returned to the UK for interview

I reckon if she tries for AOS and it goes bad, it could be a total nightmare

thanks

Alan

[ValerieA 350]

Hi guys - I beg your indulgence as I have query which naturally follows on from this case:

...

"Someone I know" got married in South America and brought his spouse here a few months ago on a Tourist Visa with intent to stay (in my opinion)

My understanding is that if they apply for AOS while they are both here, they could get in a big mess over whether she lied at the border

My advice to them would be for them to go back to South America and apply from there even though he may hit 'domicile' problems if he tries to sponsor.

Before I give this advice, I just wanted to check with the VJ people to see if there is any way she could do AOS succesfuly from the US

There are no extenuating circunmstances such as family illness etc

If not, should she file for a k3 before she returns for interview and stay as long as possible in the US while the k3 is processing ?

I did something slighty similar once as I arrived on VWP an applied for a K1 while here - then returned to the UK for interview

I reckon if she tries for AOS and it goes bad, it could be a total nightmare

thanks

Alan

It is usually better to start your own thread...but either way, the 2 important things here are:

1. Did she lie to the border guard when entering the US? Actually lie, not just omission.

2. Do they have a bonafide marriage?

Your opinion of intent does not matter. In fact, since she was allowed to enter, they have already determined she did not have intent. The only thing that could screw that up is if she materially misrepresented herself. If she did, and it would have caused them to not allow her to enter the US, then she has a big problem. Otherwise, I see no reason why she couldn't AOS.

[Captain Oates 911]

It is usually better to start your own thread...but either way, the 2 important things here are:

1. Did she lie to the border guard when entering the US? Actually lie, not just omission.

2. Do they have a bonafide marriage?

Your opinion of intent does not matter. In fact, since she was allowed to enter, they have already determined she did not have intent. The only thing that could screw that up is if she materially misrepresented herself. If she did, and it would have caused them to not allow her to enter the US, then she has a big problem. Otherwise, I see no reason why she couldn't AOS.

I have been married a few years now so I am used to the concept that my opinions don't matter - and I am ok with that - chuckle

Interesting. If she had told the border guard that she was entering with her husband in order to take up residence, I think she would have been refused and therefore we can discount that and that only leaves ommission if anything. If ommission is ok then ok.

However, that leaves me thinking that if an EXISTING spouse with a tourist visa, can simply come in and adjust, then what is all the k3 /cr 1 stuff about. Why doesn't everyone do it ?

What thoughts ?

[ValerieA 350]

I have been married a few years now so I am used to the concept that my opinions don't matter - and I am ok with that - chuckle

Interesting. If she had told the border guard that she was entering with her husband in order to take up residence, I think she would have been refused and therefore we can discount that and that only leaves ommission if anything. If ommission is ok then ok.

However, that leaves me thinking that if an EXISTING spouse with a tourist visa, can simply come in and adjust, then what is all the k3 /cr 1 stuff about. Why doesn't everyone do it ?

What thoughts ?

The risk of being turned back at the border, and having to purchase a ticket back to the home country (and then possibly not being allowed to try to cross again without an immigrant visa for however long the border guard decides). Also, if there is misrepresentation, the possibility of being found out and deported and banned for life from the US. It IS fraud to enter the US on a nonimmigrant visa with the intent to immigrate, and the border guards can be pretty savvy on figuring out who is planning that. It's always best to do things honestly.

[Captain Oates 911]

The risk of being turned back at the border, and having to purchase a ticket back to the home country (and then possibly not being allowed to try to cross again without an immigrant visa for however long the border guard decides). Also, if there is misrepresentation, the possibility of being found out and deported and banned for life from the US. It IS fraud to enter the US on a nonimmigrant visa with the intent to immigrate, and the border guards can be pretty savvy on figuring out who is planning that. It's always best to do things honestly.

That makes sense Valerie

So I am believing that the main criteria is the risk of what happens at the border.

...they have overcome that hurdle and she got in

So now I guess, the danger lies in what happens at the AOS interview, and whether she says something that indicates that she never had the intent to go back.

Or if the interviewer picks upon some evidence such as she gave up her job in South America, let her apartment go, sold her furniture and closed her bank account etc etc etc

Never met the gal, but from all accounts she isnt a Nancy Grace, so she will have to be careful what she says. Which is why some people take their immigration lawyer to the interview ?

Is that a fair description of where they are now ?

Edited October 21, 2013 by Captain Oates

[Harpa Timsah 13,258]

That makes sense Valerie

So I am believing that the main criteria is the risk of what happens at the border.

...they have overcome that hurdle and she got in

So now I guess, the danger lies in what happens at the AOS interview, and whether she says something that indicates that she never had the intent to go back.

Or if the interviewer picks upon some evidence such as she gave up her job in South America, let her apartment go, sold her furniture and closed her bank account etc etc etc

Never met the gal, but from all accounts she isnt a Nancy Grace, so she will have to be careful what she says. Which is why some people take their immigration lawyer to the interview ?

Is that a fair description of where they are now ?

Intent by itself cannot be used to deny an AOS from a spouse of a USC. It is a negative factor, but not strong enough of a negative factor to overcome the overwhelmingly positive factor of being married to a USC. So, if she is in the US now, she can most likely adjust with no problem. As long as she was inspected at the border, and did not lie, it won't be a problem. What would be a problem is if she went in a separate line from her husband, and claimed she was a single woman travelling alone, or something. If she really quit her job and said she was employed to get in to the US, that would be a problem too.

[Captain Oates 911]

Intent by itself cannot be used to deny an AOS from a spouse of a USC. It is a negative factor, but not strong enough of a negative factor to overcome the overwhelmingly positive factor of being married to a USC. So, if she is in the US now, she can most likely adjust with no problem. As long as she was inspected at the border, and did not lie, it won't be a problem. What would be a problem is if she went in a separate line from her husband, and claimed she was a single woman travelling alone, or something. If she really quit her job and said she was employed to get in to the US, that would be a problem too.

Thanks Harpa... yes she will have make sure she doesn't say the wrong thing at the interview (or lie)

It seem to all hang on that

As an aside, we visited the UK recently and I joined the "others' queue as distict from the UK citizens because my USC wife was with me. I was using my UK passport..

I had great pleasure in saying to the officer "I came in this line because my wife is an alien" and I grinned

He turned to her and said "Shall I detain him " ?

Edited October 21, 2013 by Captain Oates

[Harpa Timsah 13,258]

Thanks Harpa... yes she will have make sure she doesn't say the wrong thing at the interview (or lie)

It seem to all hang on that

As an aside, we visited the UK recently and I joined the "others' queue as distict from the UK citizens because my USC wife was with me. I was using my UK passport..

I had great pleasure in saying to the officer "I came in this line because my wife is an alien" and I grinned

He turned to her and said "Shall I detain him " ?

I remember your post of your oath ceremony. That was one of the most humorous things I have read.

As for your friend, if she didn't lie at POE then she'll be fine. POE determined she didn't have immigrant intent.

[Captain Oates 911]

I remember your post of your oath ceremony. That was one of the most humorous things I have read.

As for your friend, if she didn't lie at POE then she'll be fine. POE determined she didn't have immigrant intent.

heck Harpa you have me tagged better than the NSA !

Now all I have to do is make sure I don't get on the SPONSOR hook or the FEES hook, coz they are both unemployed and penniless.

Venezuela to Wisconsin in February is going to be one huge shock because it is COLD and I mean aaarggghhh !

Making this post has made me realize how lucky I am to have all this stuff behind me.

Even if it "should be straightforward", the worry of what can go wrong, and the wait, is debiltating, and the letters "USCIS" still make me quiver

I am doing great as a USC nowadays, after a VERY bumpy start, so good luck to all