Marrying in USA on a B1

[suga_78 0]

Hi Everyone!

I was wondering what happens if I want to marry my boyfriend who just proposed to me in the US while visiting on a B1 visa? Can I just stay there or will be required to leave the US and come back?

If I do have to leave the country, how long will it take to come back to the US on a legal status? while the paper work is being done, can I still visit the US to be with my man?

Or is it best to just apply for a fiance visa ?

Please suggest the easiest and quickest way for us to be together!! THANK YOU SO MUCH!!

[maggieNomar 0]

Hi Everyone!

I was wondering what happens if I want to marry my boyfriend who just proposed to me in the US while visiting on a B1 visa? Can I just stay there or will be required to leave the US and come back?

If I do have to leave the country, how long will it take to come back to the US on a legal status? while the paper work is being done, can I still visit the US to be with my man?

Or is it best to just apply for a fiance visa ?

Please suggest the easiest and quickest way for us to be together!! THANK YOU SO MUCH!!

The best thing is to enjoy your visit, take lots of pictures and go home when you are supposed to. Marrying on a tourist visa is a red flag for immigration fraud and you are likely to get a ban for it. Best to start your evidence collecting with pictures and reciepts to places you visit together, and then apply for the K1 and come back here legally. I believe that returning on the tourist visa in a timely fashion will add to your good marks with the consulate. Good luck.

[RosaMystica7 0]

Well here's an important question - when you entered the country on a B1 visa, did you intend to get married and stay here?

If no, you can marry and adjust status without leaving the country.

If yes, you can apply for a fiance(e) or marriage visa but you'll have to leave the country at some point when your B1 visa expires. If you marry and adjust status it'd be visa fraud. How long the process takes depends on what state your boyfriend lives in and what country you are from. You could still try to visit, but you'd have to bring proof of strong ties to your home country - lease/rent, letter from employer stating that you'll return, etc. and you may be able to enter the country... or you may be denied entry, it'd be up to the officer at the border.

So we need some more details before we can know how to advise you. The place to start is that question in my first paragraph.

Edited January 6, 2007 by Angilla

[David -n- Yuxuan 0]

First of all, I've tried to find (legitimate) ways around and K-1 or K-3 Visa are the right ones to use. By coming in on a visitor or student visa and then marrying, you should stay in America and then apply to change the status of your visa from a visitor, student or whatever to the appropriate visa to get married. I also understand that if you get married in the U.S. and then leave, you will of course need to prove that your intention was not deceitful. In other words, the U.S. government sees everyone as a potential immigrant and there are deceitful ways to come to the U.S., such as, come on a visitor visa and then marry. You had to prove that you had good reason to go back to your home country in order to get your visitor visa. Then all of the sudden you get married! That is deceitful in the eyes of the U.S. government. So if you leave the U.S. and try to come back, it will take probably a really long time. I read 6-7 years on one website. But I don't know. Best thing is to use the appropriate visas and follow the rules of the government. And keep in mind, if you try to do anything that could possible look like deception in the eyes of the government, you will have to answer for it. And this could be a real problem.

[luvaLimey 0]

well, it sounds like this was a spontaneous thing. It's only visa fraud if you entered the country with intent to immigrate. If he proposed to you while you were already here, it is possible to marry and then adjust status. There are a couple of VJers who did this. As always, you may want to get legal counsel from a competent immigraton lawyer.

[raymaga 26]

Like all the previous posters have said, if you entered the U.S. with no intentions of marrying and staying, then you can get married and adjust your status without leaving the U.S.

It will be up to you to prove to USCIS that you entered the U.S. with the intentions of leaving after your visa expired. If they suspect visa fraud, then you will be banned from the U.S. for a period of time. At your adjustment interview, you may be asked questions that you can't answer to their satisfaction, such as what you did about your home/apartment, your belongings, job, school, etc. in your home country, being as you didn't return as planned when your visa expired. I'm a very bad liar, so if I didn't have legitimate answers to these questions, I would be sunk.

The other down side to remaining in the U.S., marrying, and then adjusting status, is that if you are denied at your interview, there is no appeal process.

So, the decision to stay and get married and then adjust status, or to get married while you are in the U.S. and then return to your home country to apply for the K-3 visa, or to return to your home country and apply for the K-1 Visa, is up to you.

Good luck with your decision.

Edited January 6, 2007 by raymaga

[suga_78 0]

Thank you Everyone for your replies/help/suggestions!!! I am very appreciative! I think the best thing for us to do would be that I go back and we start the fiance visa process. Its not like we are married already! As well I realised from my research that it is the easiest and the fastest methods of all the other options.

Once again, Thank you for all your help

[RosaMystica7 0]

Ok. As far as I understand it, you two can start the fiance visa process while you're in the States - you don't have to leave until your B1 visa expires, or when the time for your medical/interview in your home country rolls around, whichever one comes first. Someone please correct me if I'm wrong on that.

[suga_78 0]

ok.. wait a minute, I am totally confused now! I thought one can only apply for a Fiance visa from outside of the United States. If we start the process while i am still in the US, would'nt it fall under the same category as being married and adjusting the status? Sorry, I am just cluless when it comes to these rules and regulations!! Thank you again

[RosaMystica7 0]

Someone else really needs to answer that. I'll try, but I'm not 100% confident in myself here. By getting married and adjusting status, you're immigrating right here and now - you're not leaving, ever. By putting in the paperwork for the K1 you still have to leave at some point - you're applying to be able to immigrate, but you're not immigrating now.

Let someone else take it from here, I need to learn more before I keep going.

[MPGGPM 0]

If this were my spouse and I , in your situation, I would NOT have her go back to do the K-1. From what you have told everyone, this was not something that was planned....and if so, you are doing nothing wrong. Many people have adjusted status from a tourist visa. You can research it on this site and on the internet etc........but it is perfectly legal to do so, and not against the law.

If this was something that was spontaneus and not planned, I see no reason to have to go back. If you try the K-1, the difference would be you would face long periods of separation. If you make any mistakes on your application and then get RFE's.....you face even a longer period of separation.

So, unless you are prepared to face that and it doesn't bother you.........you could try the k-1 route.

[citius3 0]

If this were my spouse and I , in your situation, I would NOT have her go back to do the K-1. From what you have told everyone, this was not something that was planned....and if so, you are doing nothing wrong. Many people have adjusted status from a tourist visa. You can research it on this site and on the internet etc........but it is perfectly legal to do so, and not against the law.

If this was something that was spontaneus and not planned, I see no reason to have to go back. If you try the K-1, the difference would be you would face long periods of separation. If you make any mistakes on your application and then get RFE's.....you face even a longer period of separation.

So, unless you are prepared to face that and it doesn't bother you.........you could try the k-1 route.

Yes I would love to know if there is any reason NOT to start the K1 process while you fiance is here in the US on a tourist visa assuming they return once the B1 expires. But assuming we start the K1 as soon as she arrives...just looking to minimize the seperation time.

[zyggy 9]

It seems that your case has a lot of details that could impact a prospective K or adjustment case. I highly recommend that you have a consultation with an immigration laywer and divulge those details, ask plenty of questions on the risks of a tourist adjustment, and listen to their advice. It could be the best couple of hundred bucks that you've spent.

You don't have to hire them to prepare your paperwork, but you can if you choose to do so...

[Killer_Clown_2009 0]

You can file the K-1 while you are still visiting, but you will need to go back home to deal with the processing of it and take care of things. I came to the US in the summer of 2005 as a visitor, was married in the fall and am adjusting my status from tourist based on my marriage. This way is a lot faster for me than to go back home, file a K-3 and then come back on a VISA. Each situation is unique though. We decided that we would live in the US, rather than Canada (as was originally planned), so this was the best way for us.

[CarolineM 0]

Good advice from everyone! Good luck with whatever you choose,.