US Citizen Wanting to Marry someone on B2

[davidindallas 6]

My significant other came to the U.S. in May 2017 on a B2 visa to see the U.S. and friends. I am a U.S. citizen. We met in July 2017 and began dating and now would like to get married.

 

If we were to marry would he be able to stay beyond the B2 expiration date (November) and file for the adjustment of status?

 

Also, what type of proof is needed to demonstrate the relationship is legitimate? We love each other very much and spend a lot of time together so I would think this would not be too hard to demonstrate?

[Seth And Quynh 77]

I think it's fraud to AOS on a b2 visa, Plus You met in July, 2017 and want to get married now? Thats hardly 3 months you would have a tough time even is you could AOS.

[EG&XY 144]

Technically yes that would be allowed. Mostly they are looking at evidence of financial commingling, etc.

 

However, you have only known this person for about 2 months. Are you absolutely certain that you are ready for this? Why not take your time and eventually do a fiancé or spousal visa when you are both ready?

[EG&XY 144]

4 minutes ago, Seth And Quynh said:

I think it's fraud to AOS on a b2 visa, Plus You met in July, 2017 and want to get married now? Thats hardly 3 months you would have a tough time even is you could AOS.

No it is not fraudulent if they already entered the us and then decided to marry and adjust. Intent is established at the poe. It would have beeen visa fraud it they had entered with this intention. In this case the op says that is not the situation.

 

But I agree with you that this is not much time and the officer may take more convincing if/ when there is an interview (and I'm betting that in this case there would be an interview).

Edited September 9, 2017 by EG&XY

[Dashinka 23,316]

Considering she entered the country in May before you even met her, it seems pretty clear that it was not her and your intention to marry and immigrate on a B2 visa.  It is only fraud if the intention at the time of entering the US is to stay and immigrate and the person immigrating lies about that to the IO at CBP.  So yes, you can get married and she can Adjust her Status (AOS) while still staying in the country, but she will not be able to leave the US prior to getting an Advanced Parole.  Here is an interesting article that covers this situation that @missileman posted in another thread that may be helpful.

 

If she cannot stay for personal reasons such as needing to get back for a job, or taking care of personal business in her home country, then you can still get married, but you will need to file a CR1 spousal visa to allow her to return.

 

Good Luck!

 

https://www.soundimmigration.com/can-i-enter-on-a-visitors-visa-b-2-and-then-adjust-status-to-permanent-resident/

[davidindallas 6]

User Bill & Katya thank you so much. Very, very helpful information. 

[azblk 338]

1 hour ago, Seth And Quynh said:

I think it's fraud to AOS on a b2 visa, Plus You met in July, 2017 and want to get married now? Thats hardly 3 months you would have a tough time even is you could AOS.

No its not. Unless there was an intention to get married and AOS before coming here - it can not be fraud. Besides intent is determined at POE so since they are both here already. They can go ahead and get married and file AOS.

[Going through 5,668]

1 hour ago, davidindallas said:

Also, what type of proof is needed to demonstrate the relationship is legitimate?

Joint bank accounts, joint utility bills, joint tax returns, joint car insurance, joint health insurance, joint lease or home ownership, will or retirement statements declaring the other is the beneficiary----basically anything that demonstrates you are mixing finances.  Along with that, photos of the two of you together or with each others families before and after the wedding, congratulatory cards/letters received by others addressed to the both of you before and after your marriage, that sort of thing.

[DECKKAM 0]

Pls can I add d photocopies of my kids from previous marriage in my documents for AOS..dat am sending to d lockbox

[sweetadams 138]

On 9/9/2017 at 0:09 PM, DECKKAM said:

Pls can I add d photocopies of my kids from previous marriage in my documents for AOS..dat am sending to d lockbox

Yes you can and should if you are applying for AOS for them too.

[sweetadams 138]

On 9/9/2017 at 10:04 AM, Seth And Quynh said:

I think it's fraud to AOS on a b2 visa, Plus You met in July, 2017 and want to get married now? Thats hardly 3 months you would have a tough time even is you could AOS.

It's not fraud in any way or form..... People met and marry within a day....yes I agree 3 months seems early....

We also know that knowing your spouses for years still don't guaranty a happy ever after as couples still divorce afters years of marriage.

 

[sweetadams 138]

On 9/9/2017 at 9:57 AM, davidindallas said:

My significant other came to the U.S. in May 2017 on a B2 visa to see the U.S. and friends. I am a U.S. citizen. We met in July 2017 and began dating and now would like to get married.

 

If we were to marry would he be able to stay beyond the B2 expiration date (November) and file for the adjustment of status?

 

Also, what type of proof is needed to demonstrate the relationship is legitimate? We love each other very much and spend a lot of time together so I would think this would not be too hard to demonstrate?

Start by taking pictures of all the events you attend together, visit families together pictures.. Get a joint account on every official documents that is permitted as suggested.

Finally after the marriage, make sure you file for the AOS before the expiration of the B2 visa.... As this though not necessary but needful.

Good luck with your marriage, even though some people might not agree but if you think you love each other enough to say I do....go ahead..... Live life and enough every moment. 

[skimmilk 32]

On 9/9/2017 at 7:34 AM, Bill & Katya said:

Considering she entered the country in May before you even met her, it seems pretty clear that it was not her and your intention to marry and immigrate on a B2 visa.  It is only fraud if the intention at the time of entering the US is to stay and immigrate and the person immigrating lies about that to the IO at CBP.  So yes, you can get married and she can Adjust her Status (AOS) while still staying in the country, but she will not be able to leave the US prior to getting an Advanced Parole.  Here is an interesting article that covers this situation that @missileman posted in another thread that may be helpful.

 

If she cannot stay for personal reasons such as needing to get back for a job, or taking care of personal business in her home country, then you can still get married, but you will need to file a CR1 spousal visa to allow her to return.

 

Good Luck!

 

https://www.soundimmigration.com/can-i-enter-on-a-visitors-visa-b-2-and-then-adjust-status-to-permanent-resident/

Interesting article and thank you for posting that.  It does get into some good points.  But color me a skeptic because it's an article on a website for legal professionals wanting new clients to provide their services to.  Intent is a very gray area.  The article points out that the interviewing IO can look at an application package and question whether or not the foreigner had immigration intent at POE.  While this is true (any IO can question that), I feel like it's misrepresenting the interview process just a little bit.  From what I've read on this site about the interview process, it seems like most IO's are primarily concerned with the validity of the RELATIONSHIP and consequent MARRIAGE.  I'm not saying that IO's don't or won't ever ask the foreigner, "What was your intent when you crossed the border?" during the marriage interview.  I'm sure it does happen once in a while, BUT I'm saying it seems like it's a non-issue by the time a bonafide couple reaches the interview.  Even with fake couples, it seems like they're caught because their lack of intimate knowledge and of each other, not necessarily because one slips up and admits that they planned to adjust their status BEFORE crossing the border. 

 

However, as pointed in this thread and many others' situations (mine included, because I was on B2 when my husband and I decided to get married in May), OP's situation is NOT fraud.  The only cautionary point is that he and his significant other have not been together or even known each other for very long.  I think it'll be a little more difficult for them to convince USCIS of their marriage.  Also, I'm not a lawyer or have any legal expertise.  @davidindallas It might be wise to consult a lawyer for peace of mind before embarking on this process.

[Going through 5,668]

19 minutes ago, skim00 said:

Interesting article and thank you for posting that.  It does get into some good points.  But color me a skeptic because it's an article on a website for legal professionals wanting new clients to provide their services to.  Intent is a very gray area.  The article points out that the interviewing IO can look at an application package and question whether or not the foreigner had immigration intent at POE.  While this is true (any IO can question that), I feel like it's misrepresenting the interview process just a little bit.  From what I've read on this site about the interview process, it seems like most IO's are primarily concerned with the validity of the RELATIONSHIP and consequent MARRIAGE.  I'm not saying that IO's don't or won't ever ask the foreigner, "What was your intent when you crossed the border?" during the marriage interview.  I'm sure it does happen once in a while, BUT I'm saying it seems like it's a non-issue by the time a bonafide couple reaches the interview.  Even with fake couples, it seems like they're caught because their lack of intimate knowledge and of each other, not necessarily because one slips up and admits that they planned to adjust their status BEFORE crossing the border. 

 

However, as pointed in this thread and many others' situations (mine included, because I was on B2 when my husband and I decided to get married in May), OP's situation is NOT fraud.  The only cautionary point is that he and his significant other have not been together or even known each other for very long.  I think it'll be a little more difficult for them to convince USCIS of their marriage.  Also, I'm not a lawyer or have any legal expertise.  @davidindallas It might be wise to consult a lawyer for peace of mind before embarking on this process.

Agree with everything you said.  I crossed the border on a B1/B2 visa as well and decided to get married afterwards...then stayed in the US while doing the AOS.  At no time during my interview was my "intent" ever brought into question---because intent is determined at port of entry, not at the interview.  During the interview, the validity of the marriage/relationship is the focus....intent becomes something that was already adjudicated (for lack of a better term, but it fits) before that stage.

 

On an aside, sometimes the lack (or existence) of assumption about "intent" can depend on the country of origin....if we're being honest here.  It shouldn't matter, but unfortunately it does when USCIS has unofficial lists of "high fraud countries" they use when determining red flags in applications.  

 

The OP and their significant other are going to want to make sure they have concrete proof of their bonafide relationship and marriage---it's a bit harder when you've known each other a short while before marrying, but not impossible since you aren't the first ones to encounter a whirlwind romance either.

Edited September 11, 2017 by Going through

[davidindallas 6]

Thank you sweetadams and skim00 and Going through. Yes, of course it is soon. However, it feels completely right. I really appreciate all of the advice and well wishes.  It makes me happy to know others have been in this same situation. I will post updates.