Spousal Visa advice

[AudiS4 3]

Ok I am engaged with my Fiance which lives in Poland but is Vietnamese.  She has work permission to work in Poland legally which she has been doing for 2.5 years. She has a B1/B2 visa which expires end of May and she is coming at the end of April to visit me. Question is, if we were to get married while she was here visiting can she stay and we can file for change of status to obtain green card? She was in New York in July 2018 for business for two weeks so she has been to USA in past with no issues. I was told that this could be done without issues but I have read it can risky. I just want to know if anyone has done this without any problems. Any help and info would help.I talk to an immigration specialist and he said he has done this many times and no issues. My fiance and I have met several times last year as well as two times this year already and I have met her family in Vietnam as well recently. I have I think plenty of proof of our relationship. 

 

Thank you for your help in advance.

Doug 

[Cryssiekins 976]

Advance planning to marry, stay, and adjust status on a tourist visa is visa fraud.

[Georgia16 2,858]

You Can marry just fine no issues with that. But as said above you can’t plan for her to come and adjust status. 

You can marry here and she can go back and you can start the spouse visa process right after you have the marriage certificate. Or you can apply for a K-1 fiancé visa. 

[USS_Voyager 1,971]

17 minutes ago, AudiS4 said:

Question is, if we were to get married while she was here visiting can she stay and we can file for change of status to obtain green card?

If the marriage happens spontaneously, that’s ok. You know like that Friends episode where Rachel and Ross gets married in Las Vegas.

 

If it’s pre-planned, no. That is a violation of the B1/2 visa if you plan to enter in B1/2 to adjust status and circumvent the immigrant visa process at the Consulate. You can plan to get married and have a wedding in the States and all that good stuff, but she has to return to Vietnam or Poland or wherever to do the consular processing.

[AudiS4 3]

So I wasn't planning it exactly like that but I did know about the fraudulent issue with the this type of thing. I was just told that it could be done without issues and I was looking to know if someone out has done this type of thing and if it worked. I know the consequences could be not good at all. It is basically the K-1 or marry  here and go back to Poland is truly my only options and this particular guy that apparently does this long time is not correct and could cost me my ability to get my fiance here. 

[AudiS4 3]

Did you guys do this yourself or have help from a paid "professional"?

[Cryssiekins 976]

1 minute ago, AudiS4 said:

So I wasn't planning it exactly like that but I did know about the fraudulent issue with the this type of thing. I was just told that it could be done without issues and I was looking to know if someone out has done this type of thing and if it worked. I know the consequences could be not good at all. It is basically the K-1 or marry  here and go back to Poland is truly my only options and this particular guy that apparently does this long time is not correct and could cost me my ability to get my fiance here. 

You did the right thing by asking.  If you never looked into it, how could you know?  It may seem appealing on so many levels, but a little bit of waiting is better in the long run, so you won’t have any worries down the road.

 

Lots of people prefer and suggest the spousal visa route, which is a viable option.  You can marry when she’s here on vacation, and then start that process.  Still gives you both time to work/save before she comes over on the spousal visa, and when she gets here, she gets her greencard right away, and is able to work.

 

Personally, I do think the fiancé visa is also a good option, depending on your circumstances.  Slightly more expensive, but for me and my husband, it was the better option because it was faster.  Processing times change all the time, usually getting longer.  The main drawback is there’s quite a large period of time (min 4 months) where she cannot work or travel.

 

Read some of the guides here, and do more research and then you and her can decide which course is best.

[Just Paul 4,591]

You don't need to pay anyone based on what you have said on this and your K1 post.  It is pretty straightforward.

[Cryssiekins 976]

1 minute ago, AudiS4 said:

Did you guys do this yourself or have help from a paid "professional"?

Most folks here are diy’ers.  The paperwork is pretty straightforward and if there’s nothing exceptional in your case, you can do it easily and save the money.

 

Law firms don’t care about family immigration.  It’s quick and easy cash for them.  Their goldmines are corporations needing employment immigration.  

[carmel34 3,529]

So here's what would happen on her next visit to the US.  She comes on her tourist visa, and at POE when asked "what is the purpose of your visit," she says "I'm here to visit my fiance, to live with him and marry him and stay."  She is truthful in her answer as she should be.  Lying to a CBP officer is a serious problem that is not worth the risk, as it could lead to a permanent ban from entering the US, ever.  So if she is truthful the CBP officer will likely refuse entry and put her on the next flight back to Poland, because a tourist visa is only for short visits, to visit Disney World or New York City or the Grand Canyon like normal tourists.  If she tries to use a tourist visa to stay permanently she will be denied entry and it will cause problems for her in the future, not worth the risk.  There have been lots of examples here on VJ of people trying to do this type of illegal immigration and they only say they are coming here as a tourist and they do not mention the true purpose of their visit, to be with their love interest, but the CBP officer suspects something and goes through their luggage, checks their phone for messages, and discovers that they were lying and the outcome is not good.  She could try and say she is visiting you to get married and then return to Poland to wait out the spousal visa process, or to just visit you and then return to Poland to wait out the fiance visa process, but even in those situations sometimes the CBP officer will deny entry.  Do it legally and get married somewhere and file an I-130 petition for her, it takes 14-16 months these days and she will have to wait for the process back in Poland.  Some have been successful in visiting during that time for short temporary visits and some have not, it depends on the strength of their ties to their home country.  Good luck and do everything legally!  Many of us here on VJ would love to be with our spouses or fiances faster but that's not how things work.  Legal immigration takes time, money, and lots of patience.

Edited March 20, 2019 by carmel34
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[Mrsamoah2019 593]

With the way immigration is now...I wouldn't take that risk...If you do get married ...she return to her country and file the CR1....or file the K1....but her coming here on a B1 with the intent to marry will get you in trouble..people have done it...some succeeded and some haven't.....it best to do it legally and you wont have any problems...Those lawyers will tell you anything ...all they see is $$...The CR1 is cheaper than a K1 and she will be able to work immediately as opposed to a K1

 

I completed my own petition...with the help of VJ and my husband's cousin wife.....I didn't get a lawyer

Edited March 20, 2019 by Mrsamoah2019

[geowrian 22,335]

Coming to the US on a B-1 or B-2 with intent to marry isn't an issue. But intending to stay is.

Have people done it successfully? Sure. People have also lied, used fake documents, etc., and gotten away with it. None of that is advised or condoned on this website, though.

The legal options of a K-1 or CR-1 are available to you. Use them and you stand the lowest risk of having any problems.

[AudiS4 3]

Thanks everyone for your input. I am going with my gut and your advice and doing it the legal way. I don't want to push my luck on something this important.