Received the I-797, Fiance already here, now what?

[jst 1]

Received the I-797 in nine weeks; very fast approval.

My Russian Fiance is already here (since April) in the US on a three year B1/B2 Visa. She can stay for another 180 days again until the end of Sep then she has to depart.

I was under the impression that since she is already here under a three year B1/B2 Tourist Visa, and we have the I-797 approval letter for a Fiance Visa, we can marry within 90 days.

Thanks for any advice and clarity.

[MickAmy 26]

You are mistaken I'm affraid. The I-797 is only the NOA2. You still have to go through NVC and the embassy and she will still need to do her interview in her home country. The NOA2 does not give you permission to marry her and if you do so, you are forfeiting your fiance visa and will have to start the entire process over with the spouse visa.

[aaron2020 11,651]

Received the I-797 in nine weeks; very fast approval.

My Russian Fiance is already here (since April) in the US on a three year B1/B2 Visa. She can stay for another 180 days again until the end of Sep then she has to depart.

I was under the impression that since she is already here under a three year B1/B2 Tourist Visa, and we have the I-797 approval letter for a Fiance Visa, we can marry within 90 days.

Thanks for any advice and clarity.

Hi,

Since she is already here in the US, the K-1 visa becomes irrelevant. The 90 days rule and everything else is not relevant.

There is an alternate procedure; marry on her B1/B2 visa and adjust her status. Follow the Guides.

Best of luck

[KayDeeCee 4,891]

Once the I-129F petition is approved, that is not the end. You only have an approved I-129F petition, not an approved K-1 visa. The petition approval just allows for the foreign fiance(e) to apply for a K-1 visa at the US consulate in their country abroad. They would need to apply, get a medical and be approved for the K-1 visa at an interview. Once the K-1 visa is approved, then they can use it to enter the US and have 90 days in which to marry.

[LORIEandPHIL 123]

Just get married and adjust. No need for any other visa.

[jst 1]

Just get married and adjust. No need for any other visa.

Thanks for all the info. We will continue with the K-1 process. If we marry, we have to start all over again; more delays, more forms, etc.

[KayDeeCee 4,891]

Thanks for all the info. We will continue with the K-1 process. If we marry, we have to start all over again; more delays, more forms, etc.

If you marry now and she files for AOS, then you are not really starting over. She would be applying for permanent residence, not applying for a visa. If you decide to go that route, then withdraw your petition and follow this guide > http://www.visajourney.com/content/i130guide2

Edited August 9, 2015 by KayDeeCee

[aaron2020 11,651]

Thanks for all the info. We will continue with the K-1 process. If we marry, we have to start all over again; more delays, more forms, etc.

No. You got it wrong.

The K-1 visa gets her into the US. Then, you marry and file to adjust her status for a green card.

She is already here. By marrying and filing to adjust her status for a green card, you avoid waiting for the K-1 visa.

Absolutely no reason to go back home for the K-1 to re-enter the US to do the exact same thing. The only extra would be the I-130 which is a lot cheaper than round trip airfare.

[jst 1]

No. You got it wrong.

The K-1 visa gets her into the US. Then, you marry and file to adjust her status for a green card.

She is already here. By marrying and filing to adjust her status for a green card, you avoid waiting for the K-1 visa.

Absolutely no reason to go back home for the K-1 to re-enter the US to do the exact same thing. The only extra would be the I-130 which is a lot cheaper than round trip airfare.

Thanks for the insight.

[cristina16 81]

isn't it marrying on B1/B2 is Visa fraud?

[jst 1]

isn't it marrying on B1/B2 is Visa fraud?

Depends on many factors. One has to ensure customs and immigration view the marriage to the foreign man or woman as legitimate and not a marriage for easy access to a green card and citizenship. Fraud is a huge problem.

[Mike-eeh and Odie 192]

Just get married and adjust. No need for any other visa.

The only thing I see wrong with this advice is the possibility of her AoS being denied on the grounds of misrepresentation. Having a pending K-1 is already clearly admitting she is immigrating to marry. They may be hard pressed to prove that she had no intentions of marrying and adjusting on her B2 visa. Proceed with caution.

[aaron2020 11,651]

isn't it marrying on B1/B2 is Visa fraud?

Marrying on the B1/B2 is not visa fraud. US laws does not prohibit anyone from marrying based on legal status. There is absolutely no fraud when marrying on a B1/B2 or any other status.

Having to immigrate when entering the US on a non-immigrant visa is immigration fraud. If the intent is not there at the POE, then there is no fraud.

The only thing I see wrong with this advice is the possibility of her AoS being denied on the grounds of misrepresentation. Having a pending K-1 is already clearly admitting she is immigrating to marry. They may be hard pressed to prove that she had no intentions of marrying and adjusting on her B2 visa. Proceed with caution.

That's not the legal standard. While you may see something wrong. The law and immigration courts do not see anything wrong . . . in fact, the immigration court have explicitly ruled that people like the OP can adjust without immigration intent being an issue.

Please look into Matter of Batista and Matter of Cavazos.

Those immigration cases clearly states that USCIS can not deny the adjustment of an Immediate Relative of a USC as long as the person did not lie at the POE.

Plenty of people like the OP have successfully gotten their green cards.

Edited August 10, 2015 by aaron2020

[jst 1]

We will stay the course with the K1 process: the safest and so far very efficient.