Marriage on a B1/B2 Visa

S

spartanfan

New Member
I am a U.S. citizen and have a girlfriend I have been seeing when in China off an on over the last six months. Currently she has been approved for a B1/B2 visa and will be coming to the U.S. to visit with me and to sightsee in mid-December. I like her a lot but we both believe any thought of marriage should be after we get to know each other better. This essentially is due to our being cautious about the subject of marriage as there is about a 15 year age diifference between us with my being just over 50. Additionally we do not want to rush into anything as it would be the second marriage for us both.

I have read the 30-60-90 rule that is posted on other threads so I do understand the issue about entering under the right intent into the U.S. and how rushing into a marriage could cause complications on an AOS request. To be very clear on this, she is coming for a visit and there is not currently any thought of marriage. because as I stated earlier we need first to get to know each other better and ensure we are fully compatable and that she finds the U.S. a place she can accept. (She comes from Shanghai which is very modern and I live in the far west tip of Texas which in comparison to what she is used to very undeveloped.)

My question is with regards to if while she is here, I do find that I desire to marry her (as we continue to get to know each other better) and there is a mutual desire for marriage, what is the process for converting her status, how long does it take and can she stay in the U.S. with me while this process takes place? (Most especially this last question). I am only asking these questions so that I understand the process up front so that I can then ensure that we do not do anything stupid that could cause grief later on as we go through the AOS process.

Final note, due to information on the 30-60-90 rule, if I do find that I have the desire for marrying her I will not be speaking of that desire to her until after at least 90 days has passed and any marriage would likely be sometime after that (if she were to say yes to my marriage proposal). This is so if asked she can then truthfully answer that she cam e to visit and it was after 90 days that I proposed.
 
Good - you are already doing your research! I was under the same set of circumstances with my wife. She arrived on Oct 05 and we were married Dec 29th...

Basically, as long as you two didn't *plan* for her to come over on a B2 visa and then were married it is NOT fraud. If she tells you she loves the US and likes your whole deal then if you popped the question and she accepted - you would just have to file for an Adjustment of Status.

It can take anywhere from three months to a year depending on where you are and how smoothly your case goes.

If this is the path you end up going down, you can take a look at the book in my signature that will explain everything you would need to know. Even if you she returns to China and you decide to get married at that point you can file for a K-1 (Fiance) visa and then she can fly over here and you can get married. Or, if you were to marry in China, you could file for a K-3 visa and then she would be able to move here after recieveing green card. The book explains and covers each of these three scenarios. It's also written by lawyers!!

Of course, this forum is where you will receive a TON of help from people who have been through the process. Check out my timeline in my signature to get an idea of my situation. Hope everything works out well for you!! Keep us updated!
 
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I am in the same situation (my wife is a Thai national) and we married here in California last July 2007. We've known each other for some time and I've spent a great deal of time in Thialand doing tsunami relief work. She traveled to the US last year to visit and we decided to tie the knot 70 days later. We did not intend to marry, but life happens.

We are now filling out forms for her permanent residency. Since our marriage, we've travelled back to Thailand for three months and returned to US Dec 2007. She has credit cards and banking jointly with me. She owns property and a home in Bangkok. She's educated comes from a middle-class family. I guess my point is that she was not a bar girl and swept out of poverty. I'm assuming these are the things that can put a red flag in your applications for perm residency.

I'm curious as to how things are going with your process. Can you shed any light for me?? We want to convert her B2 into her Perm Residency Status. Any advice would be helpful.

And hope things are going well with your new gal.

Johnny
 
johnnymore said:
I am in the same situation (my wife is a Thai national) and we married here in California last July 2007. We've known each other for some time and I've spent a great deal of time in Thialand doing tsunami relief work. She traveled to the US last year to visit and we decided to tie the knot 70 days later. We did not intend to marry, but life happens.

We are now filling out forms for her permanent residency. Since our marriage, we've travelled back to Thailand for three months and returned to US Dec 2007. She has credit cards and banking jointly with me. She owns property and a home in Bangkok. She's educated comes from a middle-class family. I guess my point is that she was not a bar girl and swept out of poverty. I'm assuming these are the things that can put a red flag in your applications for perm residency.

I'm curious as to how things are going with your process. Can you shed any light for me?? We want to convert her B2 into her Perm Residency Status. Any advice would be helpful.

And hope things are going well with your new gal.

Johnny
Click to expand...

Check out the book in my signature for detailed instructions. Also, check out the forums here.

You will see all the forms you will need to get started on adjusting her status. You will need to file forms I-130, I-485, I-864, etc... ( see my timeline) and then submit them to the USCIS.
 
the correct Affidavit of Support is the I-864 when filing the I-130 . The I-134 is used with the I-129f when applying for a K visa (fiance/spouse). If you are filing a K-Visa then go ahead and use that. However, it looks like you stated your wife and yourself were both married here in the states and she is now currently residing in the states. If so, you don't need to file a K visa petition. Just file for a straight adjustment of status. The book i used and suggested explains all this very clearly.

If your wife happens to be living outside the US currently, you will need to file a K-3 Visa petition - in which case you would follow the filing instructions for that particular visa.
 
I should also say that if you don't want to buy the book (or ebook) then don't feel hesitant to post any questions here!! I/we are not here to push that book... just an fyi
 
thanks so much for the heads up on the right form. I'll get back to the drawing board and make that correction. Much appreciated!

Johnny
 
I need some sage advice. My question is similar to the first post on this thread. I know a girl from out of country that I have been close to for a few years now. She wishes to visit the US for 'vacation'. I have not said anything to her yet, but it is possible I will marry her, but I might need more than the 90 days that the 'visa waiver program' allows for her vacation. (i'm very careful with a decision such as marriage!) Here are my questions in order:

1. If she comes for the 90 days, can she leave and come back for another 90 days? (or is there a way to have her vacation extended to a longer period?)
2. If we do get married here in the states, would she have to leave the country for an extended time while applying for a change of status (to my wife)?
 
falcon5 said:
I need some sage advice. My question is similar to the first post on this thread. I know a girl from out of country that I have been close to for a few years now. She wishes to visit the US for 'vacation'. I have not said anything to her yet, but it is possible I will marry her, but I might need more than the 90 days that the 'visa waiver program' allows for her vacation. (i'm very careful with a decision such as marriage!) Here are my questions in order:

1. If she comes for the 90 days, can she leave and come back for another 90 days? (or is there a way to have her vacation extended to a longer period?)
2. If we do get married here in the states, would she have to leave the country for an extended time while applying for a change of status (to my wife)?
Click to expand...

Well, it sounds like you're not sure yet if you want to get married so it sounds like you both haven't planned or colluded to having her come into the country on a B2 visa for the purposes of circumventing the proper way for her to immigrate to the states. If you pop the question as a surprise to her (without her knowledge) then that doesn't sound like fraud to me. Also, you may not even ask her - so like my situation - I popped the question while she was on her visit after I had decided I that was what I wanted to do.

How long she is permitted to stay depends on what country she is from. My wife was Canadian and they actually get more than a 90-day period to stay here. As far as returning to the states after a 90 day stay that also depends on where she's from and what the specific rules are for that. I don't know much about all the different rules for various regions/countries but you can check up on that at uscis.gov. I think there may be a period of time that is required for visitors on a B2 to be out of the country before they come back. Of course, I"ve also heard this is up to the particular customs officer at the time... if they get suspicious even if she's waited the alloted time to return, they could still deny her at their sole discretion. It just depends...

If you do choose to get married in the states *after* she has come out - then she will NOT have to leave the country to adjust her status. You will go through the exact same process I went through and outlined in my sig. You should definitely file for her AOJ before her visa runs out however. You don't want to risk her being deported for overstaying her Visa. If that happens, it will be hard for her to come back in. I guess you can always file for a K type visa if that did happen however, but it takes longer...

The book in my signature will outline the whole process and you will need to file all the forms listed in my sig ( they may have changed since I filed some years back). I know the cost of filing for the AOJ went up shortly after we filed.
 
falcon5 said:
1. If she comes for the 90 days, can she leave and come back for another 90 days? (or is there a way to have her vacation extended to a longer period?)
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There is no way to extend the VWP. It's also EXTREMELY risky to leave after the 90days and then return immediately for another 90 days. While it is 'possible' to do this...people have tried this and have been....it's also extremely possible that she will be denied entry and returned home due to VWP abuse (which it is). The general rule of thumb is to spend as much time (ideally longer) out of the US as you do in it (ie 90 days in, 90 days out)

falcon5 said:
1. If we do get married here in the states, would she have to leave the country for an extended time while applying for a change of status (to my wife)?
Click to expand...

Provided that there was no pre-concieved intent prior to US entry then she can AOS and stay in the country while the paperwork was being processed (though be aware, if the case is denied she has no rights to appeal as she will sign this away when she signs her visa waiver)
 
Seeing that she is from a VWP country, one can safely deduce that the US consulate in her country is probably not very busy as far as immigrant visas are concerned. Play it safe and go the CP route if you both decide to tie the knot.

falcon5 said:
I might need more than the 90 days that the 'visa waiver program' allows for her vacation.
Click to expand...
 
I hope you can help, you seem very knowledgeable about this subject. I met my boyfriend in Sept '08 and we have been dating ever since. My boyfriend came to the U.S. on a b-2 visa from Serbia. He applied for an extension 2 months prior to his 6 month visa expiring but he was denied because he didnt have sufficient funds in his bank account at the time they checked. We are in love and so we decided to get married, we have been saving money and trying to figure out the process for us to get married so that he can fix his status. At this point, his visa has expired and his passport will also expire in December of this year. We are desperate to find some answers because I do not want him to leave and possibly not be able to come back. If we continue with our plans to get married will he be able to apply for permanent residence even though his tourist visa expired about a year ago?? Please help!


Thank you :)
 
B2 marrying a US Citizen

Hi,

I just have a question... im a B2 visa holder and I'm here in US for more than 90 days now and during my entry on the US airport they granted me to stay here for 6 months which will expires on July 14.. During my visit here I've met a guy which is a US citizen.. We are so much in love with eachother and now we are planning t o get married in a couple of months before my 6 months expires... he was married to a Filipina in the Philippines but now he filed for a divorce because he wants to marry me... my question are..

1. After the decree of the divorce released can we get married as soon as possible?

2. If I will apply for AOS, will the USCIS suspects our marriage? Im living now with him... would that be an issue?

3. How long will the AOS will take... if we get married before my 6 months expires, can they deport me if i don't have yet my greencard?

Please help me...

Thanks in advance
 
You should have started your own thread instead of hijacking someone else's. Regardless, here are the answers you need.

A1: You both can marry right after the divorce is full and final.

A2: Living together before marriage is not an issue in itself. USCIS may suspect any marriage they want to suspect. As long as the marriage is bonafide, there is nothing to worry about.

A3: Once your AOS paperwork is in, it really makes no difference when your I-94 expires. Just try your best to ensure that the AOS paperwork gets in before the I-94 expires.

bubbly_bubbles said:
1. After the decree of the divorce released can we get married as soon as possible?

2. If I will apply for AOS, will the USCIS suspects our marriage? Im living now with him... would that be an issue?

3. How long will the AOS will take... if we get married before my 6 months expires, can they deport me if i don't have yet my greencard?
Click to expand...
 
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