B2 marriage to USC - Options

R

rahul12

New Member
Hello.

My marriage is fixed with a girl who stays in India and has a B2 visa. It expires 5 years from now.

I am going to get married to her in India based on religious rituals in early next year. I am not yet engaged to her. I am a US citizen.

Here are options that I am considering:

1. Get married in India in early 2008. Wife comes here on her B2 visa with her intent to visit her relatives and not mention anything about marriage. We would perform a court marriage in US after 1-2 months and file for adjustment of status.

2. Get married in India in early 2008. Wife comes here on her B2 visa with her intent to meet her new husband. We would then file an adjustment of status for her within a week.

3. She comes here in December and we perform a court marriage here. I file for the adjustment of her status. Within 1 week, she departs to India for preparing for our marrige early next year. Thereafter, I go to India and get married to her. She would come back to US after she receives 'Advanced Parole' travel document to enter the US.

If any of my above options are valid, please provide documents that I need to file. If any other options are recommended, please provide them as well.

I have been receiving coflicting information on what should be done in my case and hence, am confused. Please advice on the best legal option.

Thanks much.
Rahul
 
I'm not sure what you mean by fixed on your first sentence...
I don't think any of your options are good, considering that all of them try to go around the system in some way. Why don't you file for a K1 or K3 visa and avoid possible future problems with USCIS? I believe this would be the best legal option for you. There are plenty of info about those visas if you search on this forum. Good luck!
 
rahul12 said:
Hello.

My marriage is fixed with a girl who stays in India and has a B2 visa. It expires 5 years from now.

I am going to get married to her in India based on religious rituals in early next year. I am not yet engaged to her. I am a US citizen.

Here are options that I am considering:

1. Get married in India in early 2008. Wife comes here on her B2 visa with her intent to visit her relatives and not mention anything about marriage. We would perform a court marriage in US after 1-2 months and file for adjustment of status.

2. Get married in India in early 2008. Wife comes here on her B2 visa with her intent to meet her new husband. We would then file an adjustment of status for her within a week.

3. She comes here in December and we perform a court marriage here. I file for the adjustment of her status. Within 1 week, she departs to India for preparing for our marrige early next year. Thereafter, I go to India and get married to her. She would come back to US after she receives 'Advanced Parole' travel document to enter the US.

If any of my above options are valid, please provide documents that I need to file. If any other options are recommended, please provide them as well.

I have been receiving coflicting information on what should be done in my case and hence, am confused. Please advice on the best legal option.

Thanks much.
Rahul
Click to expand...


You are going to be fried in olive oil, if you encourage your future wife to game the system by using her B2 visa to conceal her intent to live in the US. :eek: There restrictions which has to abide by, hence it is called a visitor's visa. You should file for a K visa to enable your wife to move here and complete her immigration process without any potential of burning...:rolleyes:

If you would like to violate the immigration laws, i.e using her B2 visa as a free pass to permanently live in the US. USCIS can easily find when because you will have to disclose when you got married which will require your Indian wedding date and US date, which is going to be a recipe for question of intent on her part....:p

The best option: go consular processing and avoid nightmare with USCIS over the issue of her using her B2 visa to remarry in the US. Remember that when she comes to the US, she will officially be married to you by Indian laws... unless I am mistaken....

There is a nice fellow in the forum, Mr. Praetorian... seek his wisdom on this matters. He has a degree in "B2 Visas & Marriage-in-3-months"...:p He is a good resource on such complicated issues...:D
 
rahul12 said:
Get married in India in early 2008. Wife comes here on her B2 visa with her intent to visit her relatives and not mention anything about marriage. We would perform a court marriage in US after 1-2 months and file for adjustment of status.
Click to expand...

That's skating on the edge of fraud in both immigration and marriage. The B entry would be close to fraudulent, and the second marriage certainly would be.

Wife comes here on her B2 visa with her intent to meet her new husband. We would then file an adjustment of status for her within a week.
Click to expand...

Wife gets turned around at the border and sent straight back to India.

She comes here in December and we perform a court marriage here. I file for the adjustment of her status. Within 1 week, she departs to India for preparing for our marrige early next year.
Click to expand...

Not only is that fraudulent use of a B, the instant she leaves the US her adjustment is deemed abandoned.

She would come back to US after she receives 'Advanced Parole' travel document to enter the US.
Click to expand...

Her AP would not be valid.

You have received good advice here. If you are getting married in India, once you are married file an I-130 and an I-129F to let her enter the US on a K-3.
 
Whats wrong with doing things the legal way? Here are some options that spring to mind:

1. Apply for a K-1 fiance visa, bring her to the US and get married, then petition for I-130/I-485. Note: she cannot leave the US until after AP has been granted, or else the AOS is considered abandoned.

2. Get married in India, petition for I-130 and K-3 visa, then bring your wife to the US (on the K-3 visa) and apply for I-485.

3. Get married in India, petition for I-130 and follow through Consular Processing (CP) for direct path to an immigrant visa.

Attempting anything involving preconceived immigrant intent on a B-2 tourist visa is like throwing water onto boiling oil. You may get burnt and have nobody to blame except yourselves.
 
Rahul12,you have gotten some excellent advice so far from the other members.Not only are the options you were considering fraudulent,your chances of getting away with them are slim to none...Here is an excellent link to another site that gives you info on what options are best for you. http://www.immihelp.com/visas/kvisa/index.html .Good luck!
 
Thank you everyone for your valuable advice. I have discussed your answers with my family and will be thinking about the K3 visa.

I am now under the assumption that B2 visa doesn't really give a benefit in my situation. If it does, please let me know how?

Thanks.
rahul
 
You are right. The B-2 visa does not help you. In fact, apart from tempting you to take the wrong step, it buys you nothing. Go with the K-1 or K-3 route.

rahul12 said:
I am now under the assumption that B2 visa doesn't really give a benefit in my situation.
Click to expand...
 
rahul12 said:
Thank you everyone for your valuable advice. I have discussed your answers with my family and will be thinking about the K3 visa.

I am now under the assumption that B2 visa doesn't really give a benefit in my situation. If it does, please let me know how?

Thanks.
rahul
Click to expand...

That is true. The B2 is intended as a "visitor" visa to allow either single or multiple entry (depending on visa actually granted) for individual stays not exceeding 6 months at a time. It does not allow for a person to enter the country with immigrant intent (aka "dual intent") and subsequently submit an application (I-485) to adjust to an immigrant status.

With all that said, a person legally entering the country on a B visa and subsequently marrying a USC is usually "forgiven" for breaking the dual intent prohibition as long as they can reasonably demonstrate they didn't intend to follow this action before they entered the country. In practice, this means it needs to be at least 3 months after you enter before you submit an I-485.

Anyway, go with the K-3 and keep things simple.
 
You must log in or register to reply here.
Top