Re-entry conditions under B-Visa

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Indian83

New Member
Hi,

I have earlier posted this set of questions for Rajiv_ji and got a reply from him. He asked me to post the question for a conference call. However, I missed the date for the conference call. So I thought I'd post it here.

I am a Citizen of India. I lived in the US for 5+ yrs on an F1 visa, where I was doing my PhD. After completing my PhD I moved from US to Canada for a Postdoc on a worker visa valid till Nov 2013. I met my girlfriend in graduate school. She is a US citizen and lives in the US working on her PhD.

Recently I was invited to give a talk at a conference in the US. In order to go to the US I asked for and got a 10yr B1/B2 Visa and have planned a 21 day visit in May, 2012. I have proof of invitation for the talks and a complete itinerary with return tickets to Canada.

Once I return back to Canada after these talks, if at a later date (say in July, 2012) I want to go back to the US for another short trip, but this time not for talks but just for a pleasure visit, to meet my girlfriend and my other friends from grad school, am I expected to ask for another visa, or is it legal to travel on the same B1/B2 Visa that I already have. In any such visit, I don't wish to stay in the US for more than 2 - 3 weeks. I also don't wish to enter the US too many number of times, since I have a job to keep in Canada.
 
You can use the same B-1/2 visa.

Indian83 said:
Once I return back to Canada after these talks, if at a later date (say in July, 2012) I want to go back to the US for another short trip, but this time not for talks but just for a pleasure visit, to meet my girlfriend and my other friends from grad school, am I expected to ask for another visa, or is it legal to travel on the same B1/B2 Visa that I already have.
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A few other questions

Is it legal to get married in the US while on a B Visa? I know of the 30-60-90 rule talked about in the forums, but I am under the impression that only applies when one wants to ask for adjustment of status. I however can't live in the US for too long, because of my job.

Secondly, say I get married in the US and then leave for Canada. If I want to return to the US on my original B Visa, would I be automatically refused entry? Again, I realize that this would be the case if my US citizen spouse already starts a K-Visa procedure for me, but my question is regarding the situation where me and my fiancee simply get married without processing any immigration related paperwork. How does this work?

Finally, my parents want us to get married in India. Is this advisable/better than getting married in the US, when it comes to the question of K-Visa processing at a later stage in our lives?
 
Yes

Indian83 said:
Is it legal to get married in the US while on a B Visa?
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No, you will not be automatically refused. However there is a chance that if the POE officer finds out you have a US spouse, you may be denied re-entry.

Indian83 said:
Secondly, say I get married in the US and then leave for Canada. If I want to return to the US on my original B Visa, would I be automatically refused entry?
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For K-1, the marriage has to occur in the US.

Indian83 said:
Finally, my parents want us to get married in India. Is this advisable/better than getting married in the US, when it comes to the question of K-Visa processing at a later stage in our lives?
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Further questions

Triple Citizen said:
Yes
No, you will not be automatically refused. However there is a chance that if the POE officer finds out you have a US spouse, you may be denied re-entry.
For K-1, the marriage has to occur in the US.
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Thank you so much for your answers. I have a few more questions:

I know that for K-1, marriage has to be in the US. However, I am not sure if someone who already got married in the US should apply for K-1 or
K-3. Usually K-3 is for spouses and K-1 is for fiancees to get married in the US. But what if the marriage already took place inside the US?

Do you have any suggestions as to what is best to do?

1. Get married in the US but continue to enter the US for short periods of time on the B1/B2?

2. Get married in the US and have US citizen spouse start K-Visa paperwork while I live in Canada? I understand that once the K-Visa paperwork has started I can't use my B1/B2 anymore.

3. Get married in India and then start the paperwork while living in Canada?

I realize that I am digressing from the forum topic of B-Visa. I have further questions, but I will post them under the K visa discussion.
 
A1: K-1 route is best specially when the alien fiance'/fiancee' is in Canada
A2: The marriage occurs AFTER entry in the US on K-1. I entered the US with B-2 status while my K-1 was in the works and once even after I was issued my K-1 visa.
A3: See above.

Indian83 said:
Do you have any suggestions as to what is best to do?

1. Get married in the US but continue to enter the US for short periods of time on the B1/B2?

2. Get married in the US and have US citizen spouse start K-Visa paperwork while I live in Canada? I understand that once the K-Visa paperwork has started I can't use my B1/B2 anymore.

3. Get married in India and then start the paperwork while living in Canada?

I realize that I am digressing from the forum topic of B-Visa. I have further questions, but I will post them under the K visa discussion.
Click to expand...
 
IF you wanted to specifically to relatively quickly enter the U.S. to permanently settle, marry and stay and be employed THEN the K-1 is proper.

The K-3 is virtually obsolete.

After you marry, she can file an I-130 for you. IF you want to marry and then remain abroad (in Canada) to build your resume, finish studies and/or research etc..., THEN you could avoid the "conditional" residence period by already being married for a full two years when you enter on an Immigrant Visa.

It is a matter of logistical planning and proper timing of the filings for immigration forms and the marriage.

Good Luck.
 
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