Marriage with visitor visa

[ehmismith]

Will my fiance be able to adjust status after we marry, if he enters the USA on a visitors visa?

What will INS do if we don't have a fiance visa, Deny a greencard, charge us a fine, deport him,or just be unhappy about it?

[jsram]

Probably deportation. Visitors visa is non-immigrant category. Dual intent visa like H-1/L-1 is fine but not B1/B2. Consequences can be very hard to take, especially for engaged/newly married folks.

[gcforbera]

Hi ehmismith,

I have had faced a very similar situation. My wife (then fiancee) was on J-1 (exchange visitor) visa. I had spoken to a lawyer about the possibility of applying AOS (I-485) jointly. And there were no issues. If you read the eligibility information on the I-485 application (first few pages of the application), it says: anyone with non-immigrant visa can adjust his/her status, except for the ones on J1 visa with 2 year non-residency requirement (that needs the person to leave US for 2 years before he/she can adjust status).

We had got married, filed joint AOS applications, she stayed back beyond the J1 permitted limit, and we even got our green cards. Your's is a simpler case. There should not be ANY issues with that.

Just ensure that you two apply AOS while his visitor's visa is valid. And if possible, get an appointment with an immigration lawyer and just clarify the questions.

Best of luck.

[ehmismith]

Thank you everyone for you help. I have researched the subject little more and found out what I need to know.

It is concidered visa fraud if you enter the US on a b1/b2 visa with the intention of getting married. You may be investigated for visa fraud if you marry and file a AOS form with in two months of the foreign national entering the country. Since visitor visas are now restricted to a one month stay, that makes it imposible, or at least not worth the risk.

We thank we will be able to get married here and come to the US with a k-3 visa, so there is hope. the embassy here told me they could process the k-3 in 3 weeks, so we won't have to be seperated.