Marrying US citizen while on B1-B2 plzzzzzzzzzzzz helpppppp

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engna

Registered Users (C)
I've been engaged to my USC fiance for 2 years now and we plan to get married this summer in my country and then travel together and have a court marriage in the states then apply for green card and adjustement of status, i have a valid tourist visa till may 2008 which i already used 2 times in the last 3 years.

When he called the immigration office in america to ask them if i needed a fiance visa they told him i dont need it and i can use my visa to enter the states and get married, but after reading about similar cases here i'm worried that they'll accuse me of entering on a tourist visa with the intention to stay.

Also why would we pay for a fiance visa while i can use my B1-B2?

so please i need your advice,

Thank you for your time!

Any previous experience with situations like mine would be very appreciated
 
When were you granted your current B-2 visa? Were you engaged at that time? If so, did you mention your fiance' on your DS-156? Marrying on a B-2 visa is not the issue. Entering the US with the intent to marry on a B-2 visa is not an issue either. Entering the US on a B-2 visa with the intent to marry and adjust status is the real issue. It is always risky since USCIS may accuse you of committing fraud. I would strongly advise you to pursue the K-1 visa route, specially since your engagement is already two years old and convincing that you "married on the spur of a moment" will not be easy.
Good luck!!!
 
thank you very much for your reply...that's realy a great forum to share experieances

i wasnt engaged when i applied for b2 visa so i applied as a single then got engaged a year later so i guess this way i didnt commit a fraud or lied when applied for visa, also that was my 2nd 5 yrs visa and i've been to the states 3 times earlier with no lies.

the issue is that the K visa takes a year to be processed and already 2 years engaged is enough we dont wanna be separated anymore..
 
It is your call at the end of the day. I would still suggest the K-1 route based on your engagement being two years old. Choose wisely and good luck!!!
 
i dont understand how the 2 year engagement make a difference here? please clarify wat u mean.

also how long does the fiance visa take to be processed?

and if we chose the k visa route will it be a problem that we had a church marriage here before entering the states and have a civil marriage?
 
USCIS has seen 1000s of cases where someone was visiting on a B-2 visa and met a US citizen (for the first time) during his/her visit. The meeting developed into dating which then led to an engagement and eventually marriage. Now when such a case goes to USCIS, it is evident that the couple did not know each other when the B-2 visa holder entered the US. Thus USCIS cannot accuse the B-2 visa holder of commiting fraud during his/her visa interview and/or POE inspection.
Now take a case like yours, where the US citizen and the B-2 visa holder have been engaged for two years and the B-2 visa holder was already engaged to the US citizen when he/she last entered the US. Here USCIS has an ample opportunity to accuse (if they want to) the B-2 visa holder of misrepresenting his/her intentions at the POE. This can lead to a problematic AOS interview for example. I hope now you see the significance of your engagement being a few years old.

Now how long a K-1 visa takes? That depends on the service center and consulate involved. As long as the church ceremony is not considered a civil union, you can enter on a K-1 visa.
 
thank you very much for ur replies they were all of great help to understand how things go on.

bt there are no documents or proves that we have been engaged for 2 years so we can hide it and say that we decided to marry after my arrival ?
 
That is misrepresentation under oath. Something I cannot endorse in any form or shape. It seems you have already made up your mind which route to take. Good luck!!!

engna said:
bt there are no documents or proves that we have been engaged for 2 years so we can hide it and say that we decided to marry after my arrival ?
Click to expand...
 
actually i'm convinced now that a k1 visa is much more safe and i'm searching to know how much will it cost and how long to process..i'm just sad that we might have filed for it 6 mons ago but after that call to the immigration office and wat the guy said we changed our minds:(
 
Hi,

My girl friend(now wife) entered on H1, and we got married after 1 month after entering US.
Since we were not engaged or married when she was applying for H1 she mentioned as Single on her visa application.

When she goes for AOS after my naturalization will her intent to enter US be questioned?
I had consulted a lawyer before and he mentioned H1 is a dual intent and it should not be a problem.
Any one has similar experiences or thoughts?

Thanks
 
It should not be a problem. My only concern is that you got married within a month o her arrival. An AOS adjudicator might give you both a tough time if he/she is on a power trip or having a bad day in general.. Hopefully not.

greyhairduetogc said:
he mentioned H1 is a dual intent and it should not be a problem.
Click to expand...
 
Hi there,

sorry to get involved...

when you go under oath what exactlydo they ask? Im considering emmigrating to canada and the only option for me is to marry my canadian gf... is this possible?
 
It appears that one needs a recent (less than 30 day old) picture of the 2 people for a K1 visa application. Is that true? The last time I saw my girlfriend was in May of this year. Is the picture we took too old? We've decided to get married, but it appears that it would take a long time before she can get her after we're married.
 
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