B1/B2 visa holder marrying a US citizen

[lawfulguy]

Hi Folks

I am an Indian citizen with a B1/B2 visa holder which is valid till 2020. I have visited the USA a dozen times already (always as a visitor). My wife-to-be is a US citizen by naturalization.

We are planning to get married in India during this summer and want to be together as soon as possible.

In my understanding, K3/K4 visa is no longer considered advisable and it is recommended to directly apply for CR-1 immigrant visa.

It is also my understanding that a CR-1 visa can take 6-8 months on average to get through.

It is also my understanding that if I visit USA as a visitor while my CR-1 visa is pending (that is, while my I-130 is under processing), the officer at the PoE officer may need additional convincing that I will return to my country and not stay on.

So our plan is to get married in India. After the wedding, my wife goes back to the US without me. I come a little later as a visitor intending to return to my country within six months. After my arrival, my wife files I-130 for a CR-1 visa. But I won't apply for adjustment of status or try to become a permanent resident while I am there. I will return to my country after 5-6 months of stay in the USA and wait for the immigrant visa to be approved.

Then I again enter as an immigrant.

The upside is that there is no I-130 pending when I enter the US, so my bona-fide to only come as a visitor is clear. And I will honor the conditions of my non-immigrant visa and will return to my home country within six months.

The downside is I won't be able to work while in the USA but that is OK by me, as I am planning to write a book during the few months that I am there.

Does the plan sound fine without any consequence to my I-130 processing?

Any help/pointers will be appreciated. Thanks!

[deathrow2020]

B1/B2 visa holder marrying a US citizen

To avoid all the hassle and stuff, here's an easy & simple route u can consider: You can travel to the US on your B1/B2 visitor's visa, marry your US Citizen fiancé, then let her complete/file an I-130 for u and u apply for an AOS using form I-485 at the same time, also u can apply for an EAD (work permit, while your AOS is pending, using form I-765, so u can work) and a travel document usually called Advance Parole (AP) using form I-131, if u intend to travel abroad temporarily while your AOS is pending. The EAD & AP when filed concurrently or after an AOS has been filed are both free of charge (no fees required).

You can apply for an AOS, because all things being equal, you would have been inspected and allowed to enter the US by an immigration officer at the port of entry using your B1/B2 visitor's visa. And since you would be marrying your US citizen fiancé in the US, you become an immediate relative (spouse) of your USC Spouse after the marriage and that qualifies you to apply for an AOS at the same time as she files an I-130 for you, even if u overstayed (not recommended, though) your period of authorized stay, because that application (form I-130) would make an immigrant visa immediately available to u when approved.

Remember to get married, file/send in all the aforementioned forms while your form I-94 (Arrival/Departure Record) is still valid in order not to trigger the 3-10 year bar for those that overstayed certain types of non-immigrant visas before applying for an immigrant visa benefit, which in your case, would be the AOS, in case you plan on traveling abroad temporarily while your AOS is pending.

Hope the above helps u out and good luck.

[rabcat]

Is it safe?

Is it safe to get married on a tourist visa? I have the same concern too. Thanks.

[Didinadiva]

Is it safe to get married on a tourist visa? I have the same concern too. Thanks.

I just wanted to post my story to help people who will be looking for information about changing their status from b1/b2 visa to permanent resident.
I moved to the USA in August 2006 on f1 visa... Met my boyfriend in September 2007, graduated may 2011 applied for opt in April 2011...my boyfriend proposed to me on my birthday(may 2012)... I went back to UGANDA before My opt expired in June 2012. Applied for a visitor's visa in September...came back on a six months B1/B2visa. Got married on 29th September, we filed i130, i485,i131, G325A and i765 on December 20th 2012. one month later I received fingerprinting notification for January 20, on February 20 I recieved my travel document. i received my appointment letter on march 10th for interview for april 11 2012. on march 28th I finally received my employment card in the mail. After the long wait, my husband and I went for our interview, the IO was very nice. She asked us about how we met and she asked to see our pictures and any other documents that show we have been together for awhile. After the interview she just told us to check our online status. The next day my i130 was approved and then a week later (april 19) my i485 was approved. I am now waiting for my green card in the mail.

I hope this will help any one with any questions because I was terrified especially when I read most of the postings on the different forums. I was scared especially since I had come back to the states with a visitors visa...my advice just don't be worried, if you file all the paperwork correctly and your intentions are pure everything will be OK!

[peterchic]

Questions at the Border.

Do you remember what questions they asked you when entering the border? Did you tell them you were visiting your husband?

[nirvanicbliss]

Marrying a B1/B2 visa holder

hi everyone i have a similar question.

I'm a U.S. citizen currently living in Colombia. I've been together with my boyfriend for three years (Long distance 2 years, living in colombia 1 year). I came to Colombia to go to college for a year but i had the intention of finding a way so that my boyfriend could come to the U.S. with me after i was done with my term. He speaks nearly perfect english and is willing to do what it takes to go to the U.S. since there aren't many opportunities in this country and he has so much potential.

We originally planned to get the K-1 Fiancé visa but the paperwork can take from 3 months to even more than a year since the paperwork has to be sent to the U.S. and back to Bogota and we don't have that amount of money or time. Also, since i've been away from the U.S. for a year i don't have the income to "support" him when he would get to the U.S. So we went to various friends who've had similar cases and a lawyer who specializes in all types of visas and they've suggested getting the B-2 "tourist" visa and getting married in the U.S. asap! since we've been together for three years we have no problem proving our relationship is real but since he would come on a visitors visa, the consulate might find it suspicious that we got married so quickly; i'm at a crossroads my questions are:

1. in our case is it safe to get married while he's on a visitors visa since its the first time he's coming to the U.S.?

2. would it be harmful to say we've been together for 3 years and also we're a young couple (20 years old), does that hurt our chances?

3. can he work and apply for the I-175 while on the tourist visa?

4. what forms does he(we) have to file?

I appreciate any help, thank you

[rayb]

The U.S. citizen must be 21 to petition a spouse.

--Ray B

hi everyone i have a similar question.

I'm a U.S. citizen currently living in Colombia. I've been together with my boyfriend for three years (Long distance 2 years, living in colombia 1 year). I came to Colombia to go to college for a year but i had the intention of finding a way so that my boyfriend could come to the U.S. with me after i was done with my term. He speaks nearly perfect english and is willing to do what it takes to go to the U.S. since there aren't many opportunities in this country and he has so much potential.

We originally planned to get the K-1 Fiancé visa but the paperwork can take from 3 months to even more than a year since the paperwork has to be sent to the U.S. and back to Bogota and we don't have that amount of money or time. Also, since i've been away from the U.S. for a year i don't have the income to "support" him when he would get to the U.S. So we went to various friends who've had similar cases and a lawyer who specializes in all types of visas and they've suggested getting the B-2 "tourist" visa and getting married in the U.S. asap! since we've been together for three years we have no problem proving our relationship is real but since he would come on a visitors visa, the consulate might find it suspicious that we got married so quickly; i'm at a crossroads my questions are:

1. in our case is it safe to get married while he's on a visitors visa since its the first time he's coming to the U.S.?

2. would it be harmful to say we've been together for 3 years and also we're a young couple (20 years old), does that hurt our chances?

3. can he work and apply for the I-175 while on the tourist visa?

4. what forms does he(we) have to file?

I appreciate any help, thank you

[ozi_de_roma]

Similar issue

Hi everyone! Can anyone, please, help me out on my issue?

My girlfriend, who I've been dating to for more than 5 years received a B1/B2 nonimmigrant visa to visit the USA. I am a US citizen, 25 years old, and I would like to marry to her in the USA.

After the marriage in the USA, can I apply immediately the I-130, I-485, I-765, or should I wait a month or two?
Would photograph proof of relationship, a lease showing joint tenency of residence in the US, and documentation showing co-mingling of financial resources in the US be sufficient proof for the IO?
If the applications are still pending and in the meantime her I-94 becomes invalid and she is required to leave the country, how does she receive her documents and greencard abroad?

Thank you for the help!

Roman

[vikasbhu]

Visa while living overseas

I am Australian permanent resident on Indian Passport and My wife is US citizen by birth and have Australia citizenship as well. We got married in 2011 and have 2.5 years old son. We have applied for my son's passport in the US. Now we want to move to the US. I have ten years B1/B2 Visa and I have visited twice US. I don't know my options to apply green card. Help please?

[rayb]

Vikasbhu,

Your wife must submit an immigrant petition, I-130, for you. The submittal fee is $420 (U.S.).

--Ray B

I am Australian permanent resident on Indian Passport and My wife is US citizen by birth and have Australia citizenship as well. We got married in 2011 and have 2.5 years old son. We have applied for my son's passport in the US. Now we want to move to the US. I have ten years B1/B2 Visa and I have visited twice US. I don't know my options to apply green card. Help please?

[yessi]

hi I was wondering if you marry a Mexican citizen who is currently on a work visa can the visa holder return to Mexico?

does marrying a us citizen effect his ability to obtain another work visa for next year?


my fiancée is currently in America working, I worked with him but i'm 8 months pregnant and needed to stop traveling. he is going to visit me before he leaves for mexico. he needs to return to mexico this winter for his older daughter but then wants to return to America. what is the best way to achieve this?

is it best to wait till he is back in America next year to marry or is it ok to marry now and work on getting a green card later?

I appreciate all advise given. thank you

[rayb]

You have several choices. First, however, are you a U.S. citizen. IF not, that limits your choices.

IF you marry and he returns to Mexico, he may have difficult reentering the U.S. on a work visa, because marriage to you is "intent to immigrate."

--Ray B

hi I was wondering if you marry a Mexican citizen who is currently on a work visa can the visa holder return to Mexico?

does marrying a us citizen effect his ability to obtain another work visa for next year?


my fiancée is currently in America working, I worked with him but i'm 8 months pregnant and needed to stop traveling. he is going to visit me before he leaves for mexico. he needs to return to mexico this winter for his older daughter but then wants to return to America. what is the best way to achieve this?

is it best to wait till he is back in America next year to marry or is it ok to marry now and work on getting a green card later?

I appreciate all advise given. thank you

[yessi]

You have several choices. First, however, are you a U.S. citizen. IF not, that limits your choices.

IF you marry and he returns to Mexico, he may have difficult reentering the U.S. on a work visa, because marriage to you is "intent to immigrate."

--Ray B

yes I am a U.S citizen. we do intend to make him a citizen. I have money saved for it and have been searching ways for months. we were planning on waiting till next year so he could attend his daughters quinceanera, which is why I ask if we get married now and he returns to Mexico will it be difficult to get him back to America ? he has been working in America consistently for 8 yrs for the same company.

[rayb]

If your guy is here on a work visa, my advice is to marry now and do an I-130 petition and I-485 conversion at the same time, rather than having him return to Mexico and have difficulty reentering the U.S. (unless his current visa allows multiple entry).

--Ray B

yes I am a U.S citizen. we do intend to make him a citizen. I have money saved for it and have been searching ways for months. we were planning on waiting till next year so he could attend his daughters quinceanera, which is why I ask if we get married now and he returns to Mexico will it be difficult to get him back to America ? he has been working in America consistently for 8 yrs for the same company.

[vikasbhu]

Vikasbhu,

Your wife must submit an immigrant petition, I-130, for you. The submittal fee is $420 (U.S.).

--Ray B

My wife is living in Australia with her mother from the age of 13 but her father & rest of the relatives are living in the US. We have saving account in the US which we opened this year and have some saving. I am not sure if she can sponsor me. We have applied for my son's citizenship through my father in law. Could you please guide me bit more? Thanks for replying before