B1/B2 Visa

[mox 298]

Entering on a B1/B2 with intent to marry is though.

Nope, that is legal too. Only entering with the intent to adjust status from a B1/B2 is illegal. A lot of things happen in Vegas as a tourist that you wished stayed in Vegas

Fair enough, but if you walk up to a customs agent at the airport with your B1/B2 Visa in hand and tell him you're marrying your USC boyfriend, then you're getting back on an airplane right quick. It's ludicrous to think that someone who's planning on entering the US to marry a USC isn't also intending to adjust their status. There are bound to be a very few exceptions of course, but those are the exceptions that prove the rule.

[russ 1]

Well, we are thinking now to postpone apply for the K-1 so she can visit in January, meet my folks and see some of my America. (Orlando is hardly the same as Virginia). Now that she has the visa does she have to show an invitation or something when she arrives? I guess I am in the dark about what the POE will require from her, if anything. Any advice about that would be appreciated.

With a valid visa, for a short stay, without overstaying the prior time, she should have no trouble. No invitations or anything like that, they will just want to know where she is staying and when she is returning. They don't need to know anything about you.

[russ 1]

Fair enough, but if you walk up to a customs agent at the airport with your B1/B2 Visa in hand and tell him you're marrying your USC boyfriend, then you're getting back on an airplane right quick. It's ludicrous to think that someone who's planning on entering the US to marry a USC isn't also intending to adjust their status. There are bound to be a very few exceptions of course, but those are the exceptions that prove the rule.

I know many people who have married US expats in the US, and then returned home. I also know tons of US expats married to foreigners (I used to live in Holland for a few years). None of them had any trouble marrying in the US, or travelling to the US with their American spouses, or adjusting while they were travelling here.

There are only a few exceptions where you can't adjust status in the US. One would be if you don't have a valid I-94 Arrival/Departure record. Another would be if you are adjusting on a K visa with a different spouse.

[mox 298]

Fair enough, but if you walk up to a customs agent at the airport with your B1/B2 Visa in hand and tell him you're marrying your USC boyfriend, then you're getting back on an airplane right quick. It's ludicrous to think that someone who's planning on entering the US to marry a USC isn't also intending to adjust their status. There are bound to be a very few exceptions of course, but those are the exceptions that prove the rule.

I know many people who have married US expats in the US, and then returned home. I also know tons of US expats married to foreigners (I used to live in Holland for a few years). None of them had any trouble marrying in the US, or travelling to the US with their American spouses, or adjusting while they were travelling here.

There are only a few exceptions where you can't adjust status in the US. One would be if you don't have a valid I-94 Arrival/Departure record. Another would be if you are adjusting on a K visa with a different spouse.

As I said, there are bound to be a few exceptions, and again, that's not even close to what we're talking about in this particular case. The right thing in this particular case is to apply for K-1.

[russ 1]

As I said, there are bound to be a few exceptions, and again, that's not even close to what we're talking about in this particular case. The right thing in this particular case is to apply for K-1.

The right thing to do is speak with a lawyer.

The wrong thing to do now is file and I-129F petition (K-1). This will complicate travel to the US. This will likely cost her job in Russia (not being able to interview or travel, which necessary to being an MBA). They haven't decided to get married yet, not even a proposal. Not worth complicating her life.

It sounds like a very good job, for a multinational, that will easily translate to a good career in the US. Why mess that up?

Before I got married, I dated women from many other countries (I was an expat for a while, most of my friends lived outside the US anyway).

[Fettman 0]

Well, we are thinking now to postpone apply for the K-1 so she can visit in January, meet my folks and see some of my America. (Orlando is hardly the same as Virginia). Now that she has the visa does she have to show an invitation or something when she arrives? I guess I am in the dark about what the POE will require from her, if anything. Any advice about that would be appreciated.

With a valid visa, for a short stay, without overstaying the prior time, she should have no trouble. No invitations or anything like that, they will just want to know where she is staying and when she is returning. They don't need to know anything about you.

She basically needs to tell them what I tell the control guy in Germany, that I am here to visit a friend and will be there for a week or whatever.

[slim 1,514]

(such as the "RFE trick")

What is the RFE trick?

And I don't think any of us on here have tried to sway the OP into doing anything illegal. We've all been trying to tell him what he and his "girlfriend" are legally able to do. The fact that he's trying to find the best way to legally go about it is the legal way to do it.

I do like the fact that you're holding yourself to a higher standard than our government though. That's pretty good! But, the way I see it, they have a "minimum standard" that must be adhered to in all matters and following the minimum to get married to your "girlfriend" seems like a pretty good deal to me, maybe even above the standard.

[mox 298]

(such as the "RFE trick")

What is the RFE trick?

The RFE Trick.

[slim 1,514]

That reminds me of all those 10-10-220 commercials they used to have.

Seems like a lot of work to go through just to find out the status of your case.

[mox 298]

That reminds me of all those 10-10-220 commercials they used to have.

Seems like a lot of work to go through just to find out the status of your case.

Agreed. Unfortunately if you want to talk to a live person at USCIS, that's how you have to do it.

[slim 1,514]

What would be the advantage of talking to a live person as opposed to simply logging on to the website and seeing the status of your case?

Is this for instances where you're completely past due for an approval or something? Like when you've been waiting a lot longer than you theoretically should have? (Like 6 weeks from NVC?)

I must admit, I'm a little in the dark here. Questions like this are answered in about 3 seconds on the K-1 and NVC forums. There are folks in those forums that could train the USCIS officers on procedural regulations. I never really went to those forums because I sailed through (luckily) but it's definitely nice to know there's a "trick" to pull when dealing with delays.

Now if only there were a trick to get around that pesky K-1......

[mox 298]

What would be the advantage of talking to a live person as opposed to simply logging on to the website and seeing the status of your case?

Is this for instances where you're completely past due for an approval or something? Like when you've been waiting a lot longer than you theoretically should have? (Like 6 weeks from NVC?)

there were a trick to get around that pesky K-1......

Exactly. For example, the USCIS says to contact them if you haven't received your NOA1 after 90 days. But just try calling them and trying to find your way to a live person. It's a labyrinth. Sometimes too you can glean a little bit more information from a customer service person than you can on the website. For example I've seen people use the RFE trick when they saw a "touch" on the website. (basically an updated status date from the last time they checked.) Occasionally the customer service rep will have information like "it's on a case officer's desk" or even "you've been approved." There are just times that getting a live rep on the phone *might* (it is USCIS after all) result in more information than what the website provides.

[Fettman 0]

Ok, so if I plan on her coming in January to visit do I need to prepare any invitations or whatnot? We would not be submitting the K-1 visa until after she returned home. No mention of fiance/e would be given. Thanks!

[Satellite 1]

Ok, so if I plan on her coming in January to visit do I need to prepare any invitations or whatnot? We would not be submitting the K-1 visa until after she returned home. No mention of fiancé/e would be given. Thanks!

If you make some kind of letter, she will likely get denied a B1 business visa! Because you are purposely introducing yourself as a possible fiancé into the equation! I wouldn't do it if I was you. She has everything she needs to get the visa, and you can only be detriment.

[slim 1,514]

If her visa is good for the whole year, just have her say something like "I'm visiting the area to see what my perspective employer has to offer."