The best solution

[Bianca1948 0]

Hello everyone, 
I have been reading a lot about whole us immigration process and my head is about to explode so I hope you can help me.

I am citizen of Bosnia-Herzegovina, I have B1/B2 visa and my boyfriend is natural born US citizen. I visited US twice in last 6 months, I stayed 2 weeks only both times. We want to get married and live there together and we are finding the simplest way to do it without having to be separated long time. We are together for year and a half, we have been traveling together and meeting but it is hard to be away from each other.

So he met 2 different attorneys and both said that it would be fine for me to enter US on my current visa and get married there and then apply for AOS. After reading things online and here on VJ I saw that it can be considered fraud and result in deportation. So I am confused why would attorneys advice that.

Our relationship is genuine, we can prove that and I am not marrying for the GC. And last thing I want is getting in problems with law.
Does anyone have experience marrying in the US on B1/B2 and applying for AOS? Is there a better option?

 

Thank you so much for help!

[Boiler 43,727]

Let us say you rolled up at US Immigration and said this, you would be on the next plane home and nothing the 2 Lawyers said would help.

 

CR1 is the Spousal Immigrant Visa.

[Ontarkie 13,958]

~~Moved to What Visa Do I Need, from Tourist Visas - the OP is asking about immigration to the US.~~ 

 

 

Attorneys are not always up to date on immigration laws (I'm giving them the benefit of doubt here)  or really don't care if they give out bad/wrong/illegal advice.

[Bianca1948 0]

6 minutes ago, Boiler said:

Let us say you rolled up at US Immigration and said this, you would be on the next plane home and nothing the 2 Lawyers said would help.

 

CR1 is the Spousal Immigrant Visa.

I know that, I understood that people who do this are not saying “hey I am coming to get married “ at the port of entry. But it just confuses me that on one side it is legal to marry in the US while on tourist visa and it is also legal to apply for AOS but they can deny you cause you you are coming a fraud. The line between legal /acceptable and unacceptable is confusing me. 
I will get more info on CR1 🙂

[Crazy Cat 39,630]

51 minutes ago, Bianca1948 said:

I know that, I understood that people who do this are not saying “hey I am coming to get married “ at the port of entry. But it just confuses me that on one side it is legal to marry in the US while on tourist visa and it is also legal to apply for AOS but they can deny you cause you you are coming a fraud. The line between legal /acceptable and unacceptable is confusing me. 
I will get more info on CR1 🙂

No person can enter the US as a visitor with the intent to stay and adjust status.  To do so is fraud.  You might be surprised to see how much inaccurate information we see from attorneys.

Edited December 13, 2022 by Crazy Cat

[.yana 586]

49 minutes ago, Bianca1948 said:

I know that, I understood that people who do this are not saying “hey I am coming to get married “ at the port of entry. But it just confuses me that on one side it is legal to marry in the US while on tourist visa and it is also legal to apply for AOS but they can deny you cause you you are coming a fraud. The line between legal /acceptable and unacceptable is confusing me. 
I will get more info on CR1 🙂

It's pretty straight-forward:

Scenario A: a non-US citizen dating a US citizen for an extended period of time, has an intent to get married and live in the US with their spouse, enters the US with a B visa knowing that they will be getting married and AOS'ing = fraud

Scenario B: a non-US citizen visits their long-time boyfriend/girlfriend with a return ticket on a B visa, said boyfriend/girlfriend proposes in the middle of the trip and they decide to get hitched in Vegas then AOS=legal.

[SalishSea 16,889]

On 12/12/2022 at 4:39 PM, Bianca1948 said:

Hello everyone, 
I have been reading a lot about whole us immigration process and my head is about to explode so I hope you can help me.

I am citizen of Bosnia-Herzegovina, I have B1/B2 visa and my boyfriend is natural born US citizen. I visited US twice in last 6 months, I stayed 2 weeks only both times. We want to get married and live there together and we are finding the simplest way to do it without having to be separated long time. We are together for year and a half, we have been traveling together and meeting but it is hard to be away from each other.

So he met 2 different attorneys and both said that it would be fine for me to enter US on my current visa and get married there and then apply for AOS. After reading things online and here on VJ I saw that it can be considered fraud and result in deportation. So I am confused why would attorneys advice that.

Our relationship is genuine, we can prove that and I am not marrying for the GC. And last thing I want is getting in problems with law.
Does anyone have experience marrying in the US on B1/B2 and applying for AOS? Is there a better option?

 

Thank you so much for help!

It is all about intent at the time of entry to the US.   You already know what your intent is.

 

Don’t commit fraud.   Do things the right way.   Waiting is just part of the US immigration process, we all go through it.

[TBoneTX 43,422]

A hijack post has been removed.