Getting married on B1/B2 visa - later applying for adjustment of status

[laura67]

Hi

1) I am here in US and an US citizen, I want to marry a guy from India, he has a multiple entry B1/B2 Business/Visitor visa and traveled once 5 years ago, he is coming back for me, we will than go marry and file for his adjustment of status, he will represent that he has come just to visit me with no intent to marry at POE. Will this be fine?

2) I am elder to him 7 years and divorced twice in past (since both my ex abused and tortured me), he is never married... is this of some issue?


3) We have never met before in past so applying for K-1 visa will not suit us, for that we need to meet in person in last 2 years, we are set to marry and dont want any delays, we also dont want to jeopardise his current visa as I have heard that he might need to undergo a complex interview again at his country and I also can end up mess up here unable to follow all procedures as they may be complex here too.


Thanks for helping and replying back.


Laura

 

[hadron]

> he is coming back for me, we will than go marry and file for his
> adjustment of status, he will represent that he has come just to
> visit me with no intent to marry at POE. Will this be fine?

NO !

If you already know that you guys will get married after he comes here, AND he misrepresents this fact at the point of entry, you are committing visa fraud and you are setting yourself up for A LONG PERIOD OF SUFFERING at the hands of USCIS. (At the 2 year interview, they will first put you under oath and then ask you, sometimes seaparately, how and when you first made contact, met, decided to marry etc. If they think your story doesn't add up, they can extend his conditional residency status or just cancel the adjustment of status and send him home.)

> 2) I am elder to him 7 years and divorced twice in past (since
> both my ex abused and tortured me), he is never married...
> is this of some issue?

The issue is that before you marry someone you might want to get to know them really well first. (may I add some probably unwelcome relationship advice here: If you had two prior marriages to wife-beaters, you might want to be careful in the selection of your next spouse so you don't continue the trend. But this is something you might want to work out with a counselor before you embark on new marital adventures, and not on an internet BB)

USCIS couldn't care less how often you have been married before and how old you are. They just care that all the paperwork is in order (in this case that you have two valid divorce decrees) before you apply for anything based on marriage to a new person.

> 3) We have never met before in past so applying for K-1 visa will
> not suit us, for that we need to meet in person in last 2 years,

How about doing it the right way ? Get an apostile on your divorce decrees and travel to his home. Meet him in his own environment and decide whether he is a person you want to spend your life with.

Now, after having met him, you can file for a K1 for him. Or you can even marry, file the I130 and a K3 and a CR-1 for him.

There are many ways to do this the right way, and one way to do it the wrong way. And I am afraid, you are heading for the wrong way here.

Talk to a good family immigration attorney on how to go about all of this the right way.