Should I apply for a B2 visa to travel to US to marry my PR Fiance?

[Symmetrigirl 0]

Hi

I'm new to this site and am looking for information. My Fiance became a lawful permanent resident of the USA in October 2013 after waiting 7 years for his F1 visa. He moved there permanently in January 2014 and I went with him, on VWP, and stayed for 84 days. I returned to the UK and revisited in August 2014 and stayed for another 84 days. On entry, I was told by the border official that I may be interviewed next time I come over due to my visit earlier in the year. I returned to the UK in November within the legal time limits and waited 6 months before returning again. My next visit, also on VWP, was in May 2015. I had no problems with the border official, and I stayed for another 84 days.

I have been monitoring the wait times for F2a visas and we are now looking to get married. The plan is to marry in the US, I would return to the UK within the legal time limit and my fiance would file an I130 as the wait time would be shorter than waiting til my fiance can become a US citizen. I am worried I will get refused entry on VWP and also know that it would be fraudulent to enter the country to marry on VWP. My fiance is unwilling to travel to the UK to marry me due to health problems. My question is, would it be a good idea to apply for a B2 visa as long as I could prove that I would be returning to the UK and had no plans to overstay my visa and adjust status.

I want to do everything correctly so it has no impact on our future lives together.

I would be grateful for any advice offered

Many thanks

[Kastrs 723]

It would be a very bad idea to apply for the b2 imo. If your b2 is denied, which is likely, then you will be unable to travel under the vwp. You can come to the us and marry. File your petition. And while you are waiting return back to the uk.

[Syhem LNK 7]

Hi!

So if I understand well, you want to come to the US to marry (under the visa waiver program) and then go back to the UK?

That's what I did (well except that I went back to France) and it worked. I stayed 2 weeks and we started the paperwork not too long after. We got our approval notice and now our case is at NVC. In other words, it didn't have any impact.

However do not stay after that, since it is considered a visa fraud to come to marry and then apply for adjustment of status.

Good luck.

[Symmetrigirl 0]

Thanks Kastrs

If I don't declare that I am entering the country to marry, would that not harm my future petition for immigration?

[Symmetrigirl 0]

Thanks Syhem LNK

I'm worried about entering the US on VWP again in case I am denied as it will be my 4th trip in a 2 and a half year period, so I was going to apply for B2 to be on the safe side.

How many times had you visited previously before applying for immigrant visa?

I do not intend to stay and adjust status, just get married and return before filing for immigrant visa

[Syhem LNK 7]

Thanks Syhem LNK

I'm worried about entering the US on VWP again in case I am denied as it will be my 4th trip in a 2 and a half year period, so I was going to apply for B2 to be on the safe side.

How many times had you visited previously before applying for immigrant visa?

I do not intend to stay and adjust status, just get married and return before filing for immigrant visa

You welcome!

My travels to the US are as follows :

Before we met :

- I studied one year in the US (2010-2011)

- came back for 1 month (2011)

- came back the following year for an internship and stayed 3 months (that's when i met him) (2012-2013)

After we met :

- went in november (2013)

- went back in november the following year (2014) (that's when we got married )

I had the same feeling as you, I was really worried. But I think having return flight just a few weeks after you enter, also helps the customs officer know that you don't intend to stay.

I don't want to say for sure that it won't cause any problem cause we never know who will be the officer but entering several times the US in the last years isn't a problem as long as you don't stay more than what you are allowed to. regarding USCIS, what matters for them is knowing that every time, you went back to your country and did not try to do something illegal.

Hope this helped!

Edited August 7, 2015 by Syhem LNK

[Nich-Nick 3,353]

Thanks Syhem LNK

I'm worried about entering the US on VWP again in case I am denied as it will be my 4th trip in a 2 and a half year period, so I was going to apply for B2 to be on the safe side.

How many times had you visited previously before applying for immigrant visa?

I do not intend to stay and adjust status, just get married and return before filing for immigrant visa

I think what you need to consider is that they don't want you to be "living" in the US as a tourist. If you are worried that you have used VWP for too many days in the US, then why would they say...Ok, Let's give him a 6 month stay so he can have even more time in the US. ??

Had you visited three times for two-week trips, there wouldn't be a worry about VWP. I don't think they would approve your visa, then your VWP privileges would be suspended too because of having a denied visa on your record.

[Symmetrigirl 0]

I think what you need to consider is that they don't want you to be "living" in the US as a tourist. If you are worried that you have used VWP for too many days in the US, then why would they say...Ok, Let's give him a 6 month stay so he can have even more time in the US. ??

Had you visited three times for two-week trips, there wouldn't be a worry about VWP. I don't think they would approve your visa, then your VWP privileges would be suspended too bec ause of having a denied visa on your record.

I don't intend to live in the US until I'm legally allowed to. I also have a 19 year old who is in full time education in the UK who lives with me and I support financially so it is not possible for me to even try to move to the US just yet.

Should i just book my next trip and travel on VWP as usual and just hope that I don't get refused entry? Would it help if I only stayed for like 3 weeks this time?

Thanks for your input

I don't want to say for sure that it won't cause any problem cause we never know who will be the officer but entering several times the US in the last years isn't a problem as long as you don't stay more than what you are allowed to. regarding USCIS, what matters for them is knowing that every time, you went back to your country and did not try to do something illegal.

Hope this helped!

Thanks thats really positive. I want to follow the correct procedures so it doesn't cause any future problems

[Nich-Nick 3,353]

I don't intend to live in the US until I'm legally allowed to. I also have a 19 year old who is in full time education in the UK who lives with me and I support financially so it is not possible for me to even try to move to the US just yet.

Should i just book my next trip and travel on VWP as usual and just hope that I don't get refused entry? Would it help if I only stayed for like 3 weeks this time?

Thanks for your input

Thanks thats really positive. I want to follow the correct procedures so it doesn't cause any future problems

I don't know your circumstances or exact dates. You have to weigh what you think your odds are. By rough calculation you have spent 45 percent of your time in the US. If you went again now for another 84 days, that might make it 50 percent of your time. Asking for a six month visa could theoretically allow you to spend 58 percent of your time in the US. At some point CBP may think you have spent too much time in the US and could deny your entry. It is a risk you have to assess. There is no written rule. They may trust you more because of your age, financial standing, owning property, having a job, dependent children. But who can spend 50% of their time out of the UK and have strong ties to keep them there? Weigh the odds.

The French girl who replied had valid reasons to be in the US.

Student - 1 year

intern - 3 months

visitor - 30 days

That's not really the same as your percentage of time hanging out with a fiancé.

I only wanted to give you the information that if you apply for a B1/B2 visa and it is denied, your ESTA will automatically be denied after that.

It is perfectly legal to marry in the US and return back to the UK.

Edited August 7, 2015 by Nich-Nick

[Syhem LNK 7]

I don't know your circumstances or exact dates. You have to weigh what you think your odds are. By rough calculation you have spent 45 percent of your time in the US. If you went again now for another 84 days, that might make it 50 percent of your time. Asking for a six month visa could theoretically allow you to spend 58 percent of your time in the US. At some point CBP may think you have spent too much time in the US and could deny your entry. It is a risk you have to assess. There is no written rule. They may trust you more because of your age, financial standing, owning property, having a job, dependent children. But who can spend 50% of their time out of the UK and have strong ties to keep them there? Weigh the odds.

The French girl who replied had valid reasons to be in the US.

Student - 1 year

intern - 3 months

visitor - 30 days

That's not really the same as your percentage of time hanging out with a fiancé.

I only wanted to give you the information that if you apply for a B1/B2 visa and it is denied, your ESTA will automatically be denied after that.

It is perfectly legal to marry in the US and return back to the UK.

Yes, I probably misread. I thought that everytime you went it was for a short period of time (max 1 month). That's why I told you it's not a problem to go every year for a short period of time.

I know a person who did that and didn't have her visa denied but she was applying for a work visa and not for a CR1 visa!!

Personnaly I would not ask for a visa, knowing that we are lucky to have the VWP they will probably think it's weird. Also as Nich-Nick said if they deny your visa it might put you in a more difficult position : not being able to travel with ESTA anymore + during the immigration process, having to specify you were denied entry in the US or that you were denied a visa before.

Did they ever ask you why you were staying long everytime you went? If they never did, I don't see why this time they would... Just enter the US as you usually do, marry and go back to the UK

[Symmetrigirl 0]

I don't know your circumstances or exact dates. You have to weigh what you think your odds are. By rough calculation you have spent 45 percent of your time in the US. If you went again now for another 84 days, that might make it 50 percent of your time. Asking for a six month visa could theoretically allow you to spend 58 percent of your time in the US. At some point CBP may think you have spent too much time in the US and could deny your entry. It is a risk you have to assess. There is no written rule. They may trust you more because of your age, financial standing, owning property, having a job, dependent children. But who can spend 50% of their time out of the UK and have strong ties to keep them there? Weigh the odds.

Thank you I see what you mean about a 6 month visa putting me over the limit for the amount of time I'm allowed to stay. Even my fiance hadn't thought of that one. My main worry was about getting married without declaring my intent when entering the country and whether that would harm my future i130 application.

I appreciate your help.

[Symmetrigirl 0]

Did they ever ask you why you were staying long everytime you went? If they never did, I don't see why this time they would... Just enter the US as you usually do, marry and go back to the UK

They asked me why I was visiting and I just said I was over to visit my boyfriend and his family. They asked if he lived there, how long I would be staying. On my second visit I told the official that I was supporting my daughter through her education so I had to go back and they were ok with that. I suppose I have been quite lucky so far.

Thanks for your advice

[Jawaree 717]

You can visit on vwp and get marry thats legal, but depart and have hubby file the petition

any visit while pending you should travel with proofs showing ties to your country & be

honest that you are married, don't travel with excess luggage for a visit...applying for B2

is not a good idea

[Boiler 43,397]

Just wondering what you do that allows you so much holiday.

Apply for a B2 and unless you are extremely lucky or have a story that makes sense which you have not divulged will result in a refusal which you then have to declare under ESTA. Chances are that will suspend your VWP privileges for at least 6 months.

Might aslo check to see if you are resident for tax purposes.

You obviously know you are pushing your luck, quite when i will run out is impossible to say.

Marry when visiting is not in itself an issue unless they think you are staying.

Edited August 8, 2015 by Boiler

[TL2016 208]

I would agree with what all the others have said in this thread. Applying for a B1/2 visa is very risky unless you have a very good reason. I traveled under the VWP a total of 5 times within 3 years, had to endure the secondary investigation 3 times, then applied for a B1/2 visa back home based on what I was told by a CBP officer and lucked out. 10 year multiple entry visa.

I would honestly just wait a few months before going over again. They say that you should stay out of the US for at least the same amount of time that you've spent inside the country. I always did that but still ran into trouble. That doesn't mean that you will, but it's definitely something to consider before looking to fly over again soon.