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Tramtris

Marriage with Tourist/Visit Visa

By Tramtris in Tourist Visas

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Tramtris Newbie

Tramtris   0

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Hello.  I had a couple questions about the tourist visa process for marriage.  My fiancée has a B1/B2 10 year multiple entry visit/tourist visa.  I am a US citizen, and she lives in India right now.  We would like to get married in either the US or India, whichever one allows her to live in the US the soonest.  We are thinking of applying for the CR1 visa right after the wedding.  

 

1.  Can I marry her in India and then bring her back with me to the US using her visit visa so she can apply for a CR1 visa in the US?  Or does she have to wait after the wedding in India and go through the entire process for the CR1 in that country?  

 

2.  Can I marry her in the US on her visit visa and then she can apply for change of status on her visa?  Will she be able to stay in the country until that process is fully completed?

 

Thanks in advance for any help.

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Boiler Grand Master

Boiler   43,392

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Filed: K-1 Visa Country: Wales
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A visa is a document used to enter a country, so she applies for it in India.

 

A B2 is for visiting, not immigrating.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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JFH Grand Master

JFH   12,189

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1. Yes, she can visit if she has a B-2. How long she can stay will be determined by the CBP agent at the airport. You can start the CR-1 process as soon as you have the official marriage certificate. She must leave at the end of her authorized stay. 

 

2. This is not permitted. It’s fraud. 

Timeline in brief:

Married: September 27, 2014

I-130 filed: February 5, 2016

NOA1: February 8, 2016 Nebraska

NOA2: July 21, 2016

Interview: December 6, 2016 London

POE: December 19, 2016 Las Vegas

N-400 filed: September 30, 2019

Interview: March 22, 2021 Seattle

Oath: March 22, 2021 COVID-style same-day oath

 

Now a US citizen!

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HRQX Veteran

HRQX   4,145

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48 minutes ago, Tramtris said:

she can apply for change of status on her visa?

Preconceived intent to AOS or overstay is 100% illegal.

49 minutes ago, Tramtris said:

Can I marry her in the US on her visit visa

Yes and she leaves the US after her visit:

 

51 minutes ago, Tramtris said:

does she have to wait after the wedding in India and go through the entire process for the CR1 in that country?

She will interview for the CR-1 in India. With her B-1/B-2 she can attempt to visit the US; entry is at CBP's discretion. Only US citizens and American Indians born in Canada (with at least 50% American Indian blood) are guaranteed entry to the US.

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