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Can I get married on B2 visa? Is it illegal?

Discussion in 'B Conversion to Other Status or Conversion from ot' started by dianetta, Jul 14, 2011.

  1. dianetta

    dianetta Registered Users (C)

    Here's my situation:
    I entered in the US on a tourist visa (B1/B2) and my I-94 form is valid for 6 months.
    I decided to make this trip in the US for some reasons: to take a break off work, to see new things, to meet new people, to relax myself and have fun, ect ect. and my plan was to stay 3 months in FL and 3 months in CA.
    BUT I've been here in FL for 3 months and during my stay I met a person and, I really don't know why, I felt in love with him.
    I'll get to the point: we want to get married next month.
    We take a look at the USCIS website and we know that the "right" visa is the K1 but I have to come back in Germany, spend a lot of money for a visa, wait a lot of time outside the US, ....
    So here my 2 questions:
    - Can I get married on a B2 visa after 4 months in the US and apply for change my visa status?
    - Is it illegal get married on a tourist visa?
    Thanks in advance for any answers.
  2. BigJoe5

    BigJoe5 Registered Users (C)

    It is not illegal but it may be branded as "unlawful" IF it you had a preconceived intent to do so.

    Legalities aside, it will look suspicious. Know that from the start and prepare for it now. You will get a TON of extra scrutiny. Are you a German citizen who was qualified for a Visa Waiver? IF yes, you will be subject to extra scrutiny for not entering on a Visa Waiver. IF a German citizen who was NOT eligible for the Visa Waiver that will also cause extra scrutiny.

    If you can handle and get past all that. Are you prepared for the forced stay in the U.S.? Once filing, you MUST obtain advance parole in order to leave and have the adjustment application remain valid. After filing it will require remaining in the U.S. until getting advance parole which may take 3 or 4 months. IF this is a real "spontaneous" "head-over-heels" example of falling in love AND you had only planned a temporary visit, what will happen back in Germany? Have you a home to close-up and sell? Have you any family obligations that will go unfulfilled? Coming for a "temporary visit" and being able to just "spontaneously" move to another country with no loose ends must be sufficiently and believably explained away. Are you independently wealthy or so young that you are still dependent on your parents?

    Think hard and see a professional.
    Last edited by a moderator: Jul 14, 2011
  3. dianetta

    dianetta Registered Users (C)

    So after apply for the change of status, I have to waiting 3/4 months here in the US the advance parole, and then I can go back in Germany?
    Could you tell me when I can start to looking for a job?

    To answer your questions:
    Yes, I could enter in the US under the Visa Waiver Program but I did apply for a B2 visa because I wanted to take a break for 6 months.
    I'm 26, in Germany I live in an apartment that is owned by my father and I work in my family company owned by my father and my brother; so for the house is not a problem, as well for my job. Besides, I don't have any "best friends" over there.
    This is the truth, I have nothing to hide; however I'm afraid that, like you said, my situation will look sospicious. Should I do or say something different?
  4. Nancy Mervin

    Nancy Mervin Registered Users (C)

    If you're really serious about the wedding then you should use the Form I-539 to change the status and apply 90 days before b-2 visa expires. Yes its better to tell the truth and let the official decide about further actions. Good luck!
  5. dianetta

    dianetta Registered Users (C)

    90 days..? Are you sure?
    I read that one person should apply at least 45 days before the I-94 expires...
    By the way, can one person apply later then 45 days?
  6. BigJoe5

    BigJoe5 Registered Users (C)

    Your explanation seems like it will deflate (and perhaps fully overcome) suspicions. You are on the younger side and have family that can take care of business for you and you work in the family business. You have not mentioned any children back home. Get lots of evidence from the start: pictures, videos, e-mails, keep track of names, places, and dates of important things.

    My final loaded question: Are an "odd couple"? Do you have major differences in age, religion, cultural-social backgrounds, socio-economic backgrounds? I once encountered a highly educated (M.A.), middle-aged (47 y/o) Chinese woman, employed in high-tech (Silicon Valley company in N. California) making over 100K per year married to a much younger (23 y/o), caucasian male, (probably gay) waiter who just had to live in a different city (San Diego in S. California) so that HE could pursue his "career" opportunities. Yeah-sure, like anybody would believe that they were a real couple.

    Back to your situation:

    The process to adjust status to lawful permanent residence (LPR, which would initially be "conditional") is NOT done through an I-539.

    FIRST, you must get married to a US citizen. Then the USC spouse must file an I-130 and at the same time (concurrently) YOU file the I-485, I-131, and I-765. Your spouse will also have to submit an I-864 (it is best to do this up front or can be held back but this will cause a delay). Also include forms G-1145 so that e-mails or texts will be sent (one on top of each form to be safe). Some forms will be placed in a new A-file created as YOUR main immigration and naturalization file, while some forms will be separated and handled apart from the main file. [Since you made a lawful entry, even if you do not file until after the I-94 expires, you remain eligible to file for adjustment, BUT you cannot overstay for more than 180 days after the I-94 expires and still be eligible for Advance Parole BECAUSE of the unlawful presence bar to re-entry. It does not seem like that will be an issue for you but be aware of it.]

    It is imperative that you read ALL the form instructions and attach ALL the required evidence. Any missing evidence will cause delays while USCIS writes and sends a Request for Evidence (RFE) and you respond and it sits around for someone to look at it again later.

    USCIS will send you an appt. notice to go get fingerprinted. Once your clean background check come back they will issue a combined EAD (employment authorization document) and AP (Advance Parole) "combo" card. Only then can you depart the U.S. and keep your AOS [adjustment of status] case alive. In the alternative, your spouse can just file an I-130 and then you could pursue Consular Processing from Germany later. The process you select is a matter of logistics and planning for what works best for you two. Would he want to (and could he manage to) go abroad and meet the in-laws when the Consular Processing begins?

    IF the adjustment is approved, you will get a 2 yr conditional greencard. Within 90 days before the 2nd anniversary of the expiration date of the card, you and your spouse must file a form I-751 in order to lift conditions on status. At that time you prove the validity (bona fides) of the marriage. When approved, you get a new 10 year card. All the conditional time will count towards naturalization. As the spouse of a USC you'll qualify for earlier naturalization.
  7. dianetta

    dianetta Registered Users (C)

    Thanks for your explanations, very helpfull.
    No, we aren't an odd couple, just a "normal" young couple.
    My 2 concerns:
    1) I really don't want to mess up with the US, I love and respect this country even more than mine. So, I will the truth and I don't have to worry, right?
    2) It seems to be a long process. I don't care if I can't go back to Germany in the near future and I can stay here in the US without a job for a while. However, how long does it takes to get the EAD and then start to looking for a job?
  8. BigJoe5

    BigJoe5 Registered Users (C)

    Once you have your I-485 receipt you can start looking for a job. You will likely not yet have a Social Security number and cannot work due to that. As for what an employer will accept, check on www.uscis.gov an find the "I-9 Central" page If you click on the forms tab and then the I-9 form there will be a link. Look up read about the "receipt rule". http://www.uscis.gov/files/form/m-274.pdf see page 6--you show the receipts for the I-485 and I-765 and then you will show the greencard and/or EAD next or go straight to the greencard if the economy results in you not being able to find a job until then.

    In addition, a little bit of unauthorized employment by the spouse (or other "immediate relative") of a USC will be forgiven. However, it's best not to try that because employers don't want to get in trouble for hiring an unauthorized alien as an employee. You should check with the Social Security Administration about when and how to get your first SS#.

    Like I said, the combo card could take a few months.
    Last edited by a moderator: Jul 15, 2011
  9. dianetta

    dianetta Registered Users (C)

    Ok, I get it. Thank you very much for your answer.
    Last question:
    I think that we just need to pay very attention to each form we'll fill out..
    But do you think that it is a good decision hire an attorney to assist us?
    I mean, hire an attorney is just a waste of money or he/she will be usefull?
  10. BigJoe5

    BigJoe5 Registered Users (C)

    If you have no particular eligibility issues (liken a criminal record or 11 ex-husbands or time spent in a terrorist training camp) any ordinary person can get by without a lawyer.
  11. Triple Citizen

    Triple Citizen Registered Users (C)

    If you did not know this person (US citizen) when you applied for your B-2 visa and only met him after entering the US, then getting married 4 months into your stay and applying for AOS should be fine.


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