Girl visiting on B2 visitor visa plans to marry USCitizen , what are best options?

SK5

New Member
#1
Hello friends, Appreciate if you can advice the best possibility and list various options.

My girl has visitor visa and she is coming along with her parents for 3rd time to USA , we both planning to get married , if we marry in india being UScitizen its a risk of F2 visa and also longer wait of 1.5 years to sponser greencard from India, As she will be already present in USA whats the best possible options for us to get married and stay united to avoid 1.5 year delay to get her greencard or she stay in india?

Appreciate your response.
 

1AurCitizen

Registered Users (C)
#2
By 'girl' we assume you mean your girlfriend? When and where you get married is a personal decision between both of you. You could marry her here in the US while she visits, no issues. Then she returns to India to await consular processing, which takes about 12-14 months. She cannot overstay her i94; that would be visa fraud! Entry on a visitor visa requires a return ticket home. When at POE, she should declare her intent to get married when asked purpose of visit.

US citizens petition a spouse for a CR1 visa, not an F2a.

Lots of newly married couples stay apart for an initial period of time before being united. That's a small price to pay for being together in the long run.
 

SusieQQQ

Well-Known Member
#3
Citizen spouse is not F2, it will be CR1. Visa number is immediately available on filing but probably around a year for processing.
She can’t enter US on B visa with intent to stay so if you get married in US she has to go back to India after to await processing. They may not even let her in on a B at all if they find out she plans to marry you In the US because of immigrant intent issue, so in my opinion it’s a risky plan anyway.
If already married in India, even with existing b visa highly unlikely she will be allowed in on B because of immigrant intent.
Only viable plan is to accept you’ll be apart for a while while she awaits processing from India.
 

SK5

New Member
#4
thanks for the response, Yes she is my prospective alliance/girlfriend.. I am trying to avoid the 12 to 14 months processing time, in the past some of my them converted Visitor visa to Student visa and then got married...In that case is it possible to avoid this delay?. what are other options please , 12 to 14 months could be a deal breaker as its difficult for both of to be far away for an year after marriage...Or Is it worth bring her on F2 visa (fiancee visa)
 

1AurCitizen

Registered Users (C)
#5
As I noted above, you have to realize the 12-14 month processing wait is a small price to pay for being together in the long run. Many, many family members and spouses deal with similar or even longer delays. As an Immediate Relative of a US citizen, your spouse would have it relatively easy, as in a visa number would be immediately available. This is a conversation you should have with your prospective inlaws. Guide them on the CR1 process to ease their anxiety. Best way to deal with the processing wait in India would be for you both to communicate often and keep her informed on the case progress.

There are some things in legal immigration that cannot be avoided. Many desis (Indian nationals), unfortunately, seek to exploit illegal loopholes by converting visitor status to something else to avoid returning to India. As Susie noted above, she can't enter the US with intent to stay. That is fraud.

FYI, fiance visa is F1, and there is hardly any advantage with that. WIth an F1, she may get to the US a tad faster, in perhaps 8-10 months, but she would then have to get married within 90 days, apply and pay for for AOS, and will be more expensive and longer to get the green card. With the CR1, she becomes a permanent resident as soon as she arrives in the US. That's a decision you both have to make.
 

SusieQQQ

Well-Known Member
#6
Fiancé visa is K1, not F1.

To be blunt about it, if a year apart is a dealbreaker, maybe you shouldn’t be getting married.
 

SK5

New Member
#8
thanks for the follow up, I agree with above mentioned process and immigration laws. Can we think of better legal way of shorting the 12 to 14 mins delay.

1, If it possible for her to apply for Student visa once she lands in america on Visitor visa and then convert from student visa and then marry and then apply for greencard.?

I have seen 3 to 4 cases where they came on visiting visa and then married in USA and applied for adjustment of status (1-485) how they did i dont know
 

SusieQQQ

Well-Known Member
#9
Problem with converting to student visa is the adjudication of change of status takes 6-8 months during which she is in limbo, she cannot do anything not allowed on tourist visa while she waits, and chances of denial are high because (1) student visa is non immigrant and she clearly has immigrant intent - most common reason for student visa denial (2) cannot predict proper timing of adjudication and student visa is tricky because only allowed to be in student status in the US 30 days before classes start, and uscis are now enforcing the rule that the previous status (B here) has to be maintained until that 30 day period (before they were ok with authorization pending); clearly that’s an almost impossible task given max B stay vs adjudication period; and she can’t apply for CoS as soon as she arrives because that will be denied under 90 day rule.
If it’s denied then her overstay counts from original expiry of i94, means her B visa is cancelled immediately, no more visits. Worst case she overstays long enough (180 days) to incur a ban on entry and then you will need a waiver for that before the spouse visa can be processed (approx another year to adjudicate waiver)

The people you know - either genuinely just changed their minds or lied at the border. This is also why forums have many reports of girlfriends/boyfriends/fiancés/spouses denied entry at border for immigrant intent because CBP suspects they will get married or just stay. This is the risk you run if you try this route. If denied entry for this at the border, again, B visa cancelled.
 

SK5

New Member
#10
Susie, thanks for follow up.

Everyone, Please advice any other legal ways to save this relationship. How can legal stay in USA after she arrives in USA on visitor visa?
If it possible that once she comes to america after 6 months she goes to india, marry her in india and file CR1 with USconsulate in india and then she can fly back on visitor visa and stay with me for 6 months while the CR1 is on process?
 

Sm1smom

Super Moderator
#11
You’re simply not listening to all the great advice/response you’ve already been given!

The only legal way, without attempting to cut corners or trying to game the system is for her to rent to India at the end of her visit and wait to be processed for a spousal visa from there. Your spouse cannot LIVE in the US on a tourist visa. She also shouldn’t be entering the US on a NIV with a preconceived intent of going through AOS.

Several USC and their foreign born fiancé or spouses have gone through the process and survived the 12-14 months separation it took to complete it.
 

1AurCitizen

Registered Users (C)
#12
Save the relationship?
Would the relationship end if you advice your fiance the legal CR1 process takes time. What you keep going on and on about is getting your girlfriend into the US on a B2 visa and keeping her here. THAT IS VISA FRAUD! How many times do we have to state that?

OP- pay attention. Your prospective inlaws found a USC guy for their daughter, and they don't want that eventually-married daughter to return to India because they believe they'd probably be shamed for bringing along a married daughter back to India. I've seen how that works among desis. Desis love to exploit loopholes and employ shady shortcuts. That's what probably you and likely the prospective inlaws are after. And that is illegal. She CANNOT stay legal in USA after she arrives in USA on visitor visa.

A visitor visa is to visit; when you have visitors at home, you expect them to leave after the visit. The US expects the same.
 

SusieQQQ

Well-Known Member
#13
Again, if a year apart is a dealbreaker, you probably shouldn’t be marrying her.

The only solid legal option for you to be together is for you to move to India to stay with her through most of the process. Of course you will have to show intent to re+establish domicile in the US and will still need to show income for the i864, or get a joint sponsor.
 

SusieQQQ

Well-Known Member
#14
Save the relationship?
Would the relationship end if you advice your fiance the legal CR1 process takes time. What you keep going on and on about is getting your girlfriend into the US on a B2 visa and keeping her here. THAT IS VISA FRAUD! How many times do we have to state that?

OP- pay attention. Your prospective inlaws found a USC guy for their daughter, and they don't want that eventually-married daughter to return to India because they believe they'd probably be shamed for bringing along a married daughter back to India. I've seen how that works among desis. Desis love to exploit loopholes and employ shady shortcuts. That's what probably you and likely the prospective inlaws are after. And that is illegal. She CANNOT stay legal in USA after she arrives in USA on visitor visa.

A visitor visa is to visit; when you have visitors at home, you expect them to leave after the visit. The US expects the same.
If they would be shamed for bringing a married daughter back then K1 fiancée visa is the logical option. Of course she still needs to wait it out in India.
 

SK5

New Member
#15
Okay thanks again, I am listening and reading and weighing all options thanks for your patience and advice, Girl parents and girl can understand once i list these options on the table but i still want to avoid the 12 months delay and we are flexible to marry either in India or USA. How about when she return back to India after visitor visa, can she come back on Fiance visa and get married in usa?
 

Sm1smom

Super Moderator
#16
Yes she can return on a fiancé visa. K1 visa process will still take about 10-12 months and she’ll need to remain in India until she gets the visa.

FYI: if you’re going the K1 route, don’t do a traditional wedding ceremony or something similar otherwise you guys could be considered ‘too married’ for a K1. If the ceremony is thought to be a wedding ceremony, the K1 petition will be denied.
 

SK5

New Member
#17
Point 1: As long as she can get K1 visa she can wait for 10 to 12 months if she can stay with me in USA.

Point 2: What if she comes to USA on Student visa- I-20 and then get married in USA , If that an option.
 

SK5

New Member
#20
I respect all your advice and legal option please dont consider this as troll ... I had read but not clear on the route bring her on Student visa and then getting married and covert into adjustment of status...i am keep all options open to bring her to USA and get married as we are 40 plus and stay away for 12 to 13 mins will be more delay in matrimonial life.
 
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