Marriage on B1 or Waiver

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ohmmade

New Member
My girlfriend is coming to USA at the end of this year, and we are not sure if she will be here on a B visa, or her normal Visa Waiver (she is a Belgian citizen, I am a US citizen.)

We are not engaged, but there is a possibility of getting married while she is here.

Is it possible for us to marry, and her to stay in the country immediately? I understand that entering the US with *intent* to stay is a big no-no, but we are just weighing all of the possible outcomes that could happen. We are not engaged, but the possible 'shot-gun' wedding is always possible with young love.

tia for any help you can lend, and this is a fantastic resource!!
 
It seems to me that you are already thinking about it and the intent to immigrate exists in her/your mind. That alone is reason enough for her to be denied entry at the Port of Entry.

Better is to bring her on a K-1 visa.
 
OK, I guess there is a 30-60-90 day rule in regards to "intent" at POE. It's quite a simple guideline of the way INS operates in regards to unintended marriages between a citizen and a B2, or waiver tourist.

By and large, the 30/60/90 day rule is applied to determine whether the 'tourist' had a fraudulent intent upon entry.

The rule is applied as follows;

If s/he applies for a green card/adjustment of status within 30 days of entering the US, fraud is pretty much presumed-and the application will be denied
If s/he enters between 30 & 60 days, the presumption of fraud can be overcome, i.e. it is 'rebuttable'
I s/he enters between 60 and 90 days the presumption reverses. Unless there is specific evidence of a preconceived immigrant/fraudulent intent the adjustment of status application will be granted
For an application filed more that 90 days after entry , the visa fraud issue seldom arises
 
Ohmmade,
If she is a Belgian citizen, she will be expected to enter via VWPP. Applicants from VWPP countries need a very good reason to apply for B-2 visas.
 
Triple Citizen said:
Ohmmade,
If she is a Belgian citizen, she will be expected to enter via VWPP. Applicants from VWPP countries need a very good reason to apply for B-2 visas.
Click to expand...

Thank you for responding.

I am starting to realize this, and it's quite strange that people from western/EU nations have a much more difficult time coming to the US on a longer-term visa, than citizens from other countries.

I will be in Belgium next week and we are both going to the US Embassy there to see what happens.

Thank you again TC, I really appreciate it.
 
Well, look at the other side of the coin. A western/EU citizen can hop on a plane and come to the US for 90 days almost at will. Whereas parents from India/Pakistan wait years and years to be granted (and some never get it) a visa to visit their kids/grandkids.

ohmmade said:
I am starting to realize this, and it's quite strange that people from western/EU nations have a much more difficult time coming to the US on a longer-term visa, than citizens from other countries.
Click to expand...
 
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