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  • A question about marriage in ny and work permit

    Hi everybody,

    I have a few open points that I can't find clear answers on Internet(neither here). I would appreciate if someone may answer may question.
    Me and my fiance have decided to move in Nyc. She is citizen but I am not.
    Instead of getting marry here to speed up the process we decided to get marry there. Because I have already 10 years visa for states so I have no problem to enter as a tourist.
    The question is when I move there permanently ( probably within a few months) will I need to bring some sort of papers from my own country to get marry in New york state ?
    Or just going to city hall with my passport will be enough ?
    Also for the rest of the process such as getting work permit, will they ask any document that I should bring from my own country ?? ( It costs pretty much each travel, it would be awful only for some missing papers)

    The company I work for has an office in Manhattan and I want to negotiate with them before leaving my job here.
    I guess it takes 2-3 months to get work permit after we get marry and fill some sort of applications. By that time is there any way to work legally in my company without a sponsorship ?

    I would be very happy if someone could answer!
    Thanks!!

  • #2
    What you want to do is not an appropriate use of a B visa, but most people (not everyone) seem to get away with doing it.

    Traveling to the United States to marry a United States citizen, then apply for adjustment of status is what a K visa is for.

    If travel truly is that expensive, you might want to get the K visa and not risk being denied entry.

    Bring along your passport, birth certificate, divorce decrees if previously married, and a copy of your vaccination record from your pediatrician.

    Comment


    • #3
      Originally posted by inadmissible View Post
      What you want to do is not an appropriate use of a B visa, but most people (not everyone) seem to get away with doing it.

      Traveling to the United States to marry a United States citizen, then apply for adjustment of status is what a K visa is for.

      If travel truly is that expensive, you might want to get the K visa and not risk being denied entry.

      Bring along your passport, birth certificate, divorce decrees if previously married, and a copy of your vaccination record from your pediatrician.
      Thanks for your answer.
      We though it is better this way because I already have a tourist visa and also having K visa takes a long time up to 1,5-2 years here. She had to move quickly not to miss a job offer.

      Do you think is there any possibility of being denied ? Because we are together appx for 10 years now and would be easy to prove it.

      Comment


      • #4
        It depends, what do you plan to say to the Customs and Border Patrol officer, when he asks you what your plans are for your visit in the United States?

        Comment


        • #5
          I haven't had any problem so far for entering 3 times telling the truth that I am visiting my girl friend. It will not be actually very different. Well let's see..
          Anyway thanks a lot for the answers!!

          Comment


          • #6
            horus, that is not at all the same fact pattern as the OP has stated, is it?

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            • #7
              Sorry inadmissible I did not get it. Who is OP ?
              Well if someone has stated something similar I would like to read it as well.

              Comment


              • #8
                By the way I could check some websites. I see it more clear now that entering with tourist visa b1/b2 and get marry right after is extremely dangerous even you are a couple for a long time.
                They can get it like fraud and send back to home country. that would be awful after quitting my job and moving out my home..

                What if I go there and get marry and come back ? how would be this process or what if she applies for K1 visa from there ? it says it takes time up to 1 year... this is too long.
                I am pretty more pesimist about the process now.

                Comment


                • #9
                  I apologize for the tone of my previous post. I do think it is risky to enter on a B visa with the intent to adjust your status. You are put in the very difficult position of saying something untrue to the CBP officer who asks you "how long is your stay? what are your plans?". The fact is, many aliens enter on B visas and then end up getting married and adjusting status, but they almost always do not enter the country with that intent. Very few aliens get in trouble for it.

                  Flights to the United States from some remote locations can be very, very expensive. Is it worth the risk of denial of entry? Can you keep a straight face while saying you are there for a temporary visit?

                  If you say "I am here to get married and adjust status, I don't have a return ticket" you will likely be denied entry.

                  Comment


                  • #10
                    It is ok, I still did not get what was OP
                    Probably I will do it right way. I have a good job and salary here, I don´t want to risk everything.
                    I may wait for K1 visa if my fiancée accepts as well ( she wants me to come right now actually) and keep saving some money.

                    thanks for the answers!

                    Comment


                    • #11
                      Bring all documents then get married at your wife's local city hall city and file for adjustment of status. This is very simple and visiting your girlfriend is the right and honest answer so be straight with immigration official.you don't have to talk about your plan unless they ask but visiting and sight seeing is what you want to do

                      Comment


                      • #12
                        I would recommend you take a look at this company in New York https://cmcreditlawyers.com/, they can give you legal advice on your situation.

                        Comment

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