Permanent Resident and Spouse with Visa

[Dn2002]

Hello ,
I have been a permanent resident for two years (citizen of India). I am interested in marrying a girl from India. She has a B-2 tourist visa as she visited the US three years ago to visit her family (siblings) and returned back to India within a month. Can she get a student visa? If not can she come and live in the US for 6 months? If she were to come to the US post marriage would she be stopped by CBP if she mentions she is coming to join her spouse?
Anyone with any information or experience, please share your thoughts.
Thank you.

 

[Jackolantern]

If the CBP knows she's married to a permanent resident or US citizen, they probably will refuse entry. But if they don't know and don't ask, they'll probably let her enter and allow her 6 months.

She probably won't get a student visa if she's married or engaged to a permanent resident or US citizen (the visa application asks about spouse or fiance living in the US).

 

[Dn2002]

Re

CBP Inspector’s Field Manual
50-51

Items 8-11

(B) Determining eligibility. If otherwise admissible, admit the following as B-2:
(1) An alien coming for purposes of tourism or to make social visits to relatives or friends;
(2) An alien coming for health purposes;
(3) An alien coming to participate in conventions, conferences, or convocations of fraternal, social or service organizations;
(4) An alien coming primarily for tourism who also incidentally will engage in a short course of study;
(5) An amateur coming to engage in an amateur entertainment or athletic activity, even if the incidental expenses associated with the visit are reimbursed;
(6) A dependent of an alien member of any branch of the U.S. Armed Forces temporarily assigned to duty in the United States;
(7) A dependent of a category “D” visa crewman who is coming to the U.S. solely for the purpose of accompanying the principal alien;
(8) An alien spouse or child, including an adopted alien child, of a U.S. citizen or resident alien, if the purpose of the visit is to accompany or follow to join the spouse or parent for a temporary visit;
(9) A dependent of a nonimmigrant who is not entitled to derivative status, such as in the case of an elderly parent of an E-1 alien, or a domestic partner (Revised by CBP 3-04);
(10) An alien coming to marry a U.S. citizen or lawful permanent resident with the intent to return to a residence abroad soon after the marriage;
(11) An alien coming to meet the alien’s fiancé(e)’s family (to become engaged; to make arrangements for a wedding; or to renew a relationship with the prospective spouse);
(12) A spouse married by proxy to an alien in the U.S. in a nonimmigrant status who will apply for a change of status after consummation of the marriage;

 

[Jackolantern]

(8) An alien spouse or child, including an adopted alien child, of a U.S. citizen or resident alien, if the purpose of the visit is to accompany or follow to join the spouse or parent for a temporary visit;
...
(10) An alien coming to marry a U.S. citizen or lawful permanent resident with the intent to return to a residence abroad soon after the marriage;

The problem is with convincing the officer that the trip will actually be a temporary visit, after which she will return abroad.

The good news is that they usually don't ask or know about that at the port of entry if there are no obvious indicators such as traveling with the spouse or fiance, or an I-130 that was filed by the US-based spouse or fiance.

So she can go ahead and try to visit with the B2 and see what happens.