B1/B2 visa holder marrying a US citizen

[rayb]

If your wife is a U.S. citizen, she can petition you, and must be the primary sponsor (even without income). After the petition is approved, she will submit her sponsorship documents, but will need a U.S.-based sponsor as a co-sponsor. Your wife will have to plan on returning to the U.S., to establish a domicile, either before you are processed at the U.S. Embassy in Australia, or report during your interview that she will be returning to the U.S. with you.

--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

[karenina]

I have Pretty much the same issue but we are older

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

--Ray B

I´m a naturalized Us citizen and I moved to Colombia for some personal reasons around 2 years ago, my boyfriend is a computer engineer and I´m currently finishing psychology, Colombia is a great place but we don´t really feel safe living here, we want to marry and we want to have our kids in a better enviroment and to improve our future, that´s why we are considering going to USA, my boyfriend speaks English well, we are 27 and 29 years old, but to get the fiance visa I will need to move back and it requires for me to have stability (bank savings) how much do i have to have? how much we will have to pay as well for the forms? what do i have to do exactly? how long will it take? is he going to be able to get a job in the mean time? do I have to live there while we are applying or can we marry there and come back until is done and move there together? I will really appreciate your help. thanks

[rayb]

You're asking too many questions at one time to get useful answers to all. Submit your fiancee petition for a submittal fee of $340. Come back to the U.S. after you submit and get a job paying $10 or more an hour, so that your annualized income will exceed the required $19,700, and you will be fine.

--Ray B

I´m a naturalized Us citizen and I moved to Colombia for some personal reasons around 2 years ago, my boyfriend is a computer engineer and I´m currently finishing psychology, Colombia is a great place but we don´t really feel safe living here, we want to marry and we want to have our kids in a better enviroment and to improve our future, that´s why we are considering going to USA, my boyfriend speaks English well, we are 27 and 29 years old, but to get the fiance visa I will need to move back and it requires for me to have stability (bank savings) how much do i have to have? how much we will have to pay as well for the forms? what do i have to do exactly? how long will it take? is he going to be able to get a job in the mean time? do I have to live there while we are applying or can we marry there and come back until is done and move there together? I will really appreciate your help. thanks

[hylliamkast]

Fastest way to work in US

Hello,

I'm dominican and my wife is an US citizen, both 25 yo, and I have a 10 years b2 visa. We met in the dominican republic two years ago and married one year later in DR. I'm a Software developer and I've saved more than 20k during my career, and of course thats OUR money now. We want to move to the US ASAP (preferibly 2015) so she can continue studying, which I'd gladly support if I could work legally there. My questions are:

What would be the fastest way to do it (moving there and starting the paperworks or filing from here)?
Can our savings help in any way (if so how could we take them legally into the US?)?
Does she need to file any taxes for the time she has been here in the DR if she had a part time job making around 6k a year?

Any help would be really appreciated.

[rayb]

You don't seem to have a legal basis for immigrating to the U.S. Find an employer in the U.S. who can sponsor you for an employment-based visa.

--Ray B

Hello,

I'm dominican and my wife is an US citizen, both 25 yo, and I have a 10 years b2 visa. We met in the dominican republic two years ago and married one year later in DR. I'm a Software developer and I've saved more than 20k during my career, and of course thats OUR money now. We want to move to the US ASAP (preferibly 2015) so she can continue studying, which I'd gladly support if I could work legally there. My questions are:

What would be the fastest way to do it (moving there and starting the paperworks or filing from here)?
Can our savings help in any way (if so how could we take them legally into the US?)?
Does she need to file any taxes for the time she has been here in the DR if she had a part time job making around 6k a year?

Any help would be really appreciated.

[hylliamkast]

Even if she is a US Citizen we don't have a way to apply?

You don't seem to have a legal basis for immigrating to the U.S. Find an employer in the U.S. who can sponsor you for an employment-based visa.

--Ray B

[rayb]

I'm sorry, I misunderstood your original post, and glossed over your wife's U.S. citizenship info.

Your wife can submit an I-130 immigrant petition for you. It would be best if she provides a U.S. address which she can claim as her legal domicile, but so long as she intends to return to the U.S. before or at same time as you get your visa, the U.S. domicile requirement will have been met.

But your sponsorship will be the biggest issue, and would have to be met by your wife having proof of employment and income before you are interviewed at the U.S. Embassy (by submitting her sponsorship to the National Visa Center (NVC) after the I-130 petition is approved), or by having a co-sponsor in the U.S. provide sponsorship proof.

--Ray B

Even if she is a US Citizen we don't have a way to apply?

[hylliamkast]

Thanks for the reply. I have a cousin (the son of a brother of my father) that makes over 100k, who is willing to co-sponsor me, and my wife's family in the US is available to do so too. Also the plan would be for us to move to the US and she getting a job ASAP in any family business, so she can make over the Affidavit of Support required amount. Do you think all this resources should be enough to apply for us to immigrate legally and making a life in the US?

I'm sorry, I misunderstood your original post, and glossed over your wife's U.S. citizenship info.

Your wife can submit an I-130 immigrant petition for you. It would be best if she provides a U.S. address which she can claim as her legal domicile, but so long as she intends to return to the U.S. before or at same time as you get your visa, the U.S. domicile requirement will have been met.

But your sponsorship will be the biggest issue, and would have to be met by your wife having proof of employment and income before you are interviewed at the U.S. Embassy (by submitting her sponsorship to the National Visa Center (NVC) after the I-130 petition is approved), or by having a co-sponsor in the U.S. provide sponsorship proof.

--Ray B

[rayb]

Yes, you have sufficient leverage to make this work.

Start by having your wife submit the I-130 petition. When the I-130 is approved and goes to the National Visa Center, your wife and your cousin will have to submit sponsorship documents together to the National Visa Center.

--Ray B

Thanks for the reply. I have a cousin (the son of a brother of my father) that makes over 100k, who is willing to co-sponsor me, and my wife's family in the US is available to do so too. Also the plan would be for us to move to the US and she getting a job ASAP in any family business, so she can make over the Affidavit of Support required amount. Do you think all this resources should be enough to apply for us to immigrate legally and making a life in the US?

[hylliamkast]

Thanks a lot Rayb. Really good help.

Yes, you have sufficient leverage to make this work.

Start by having your wife submit the I-130 petition. When the I-130 is approved and goes to the National Visa Center, your wife and your cousin will have to submit sponsorship documents together to the National Visa Center.

--Ray B

[2theMoon81]

Question about b1/ b2 visa

I have a question about this b1/b2 visa. I am a 33 yrs old US Citizen and my girlfriend of 2 years is from Thailand she is 36yrs old. She currently has a b1/b2 visa that is valid until 2022 and visit's me in Texas often. We would like to get married here in the US during her next visit in December, she will be here for 3 weeks and will return to Thailand in January 2015. I know that it is ok for us to marry in US with her passport as ID as long as she intends to return to Thailand and not stay in US. When she returns in January I will like to file for CR1 spouse visa so I must do the I-130 petition and I-864 affidavit of support correct? I make more than enough and meet the 2014 hhs poverty guidelines. I know she has to do medical exam and vaccination as well and I also understand she has to file an I-485?

My other question is, I was once married before when I was young, I was 21 years old and got divorced only after a year at 23years old. I have my divorce decree and I think I gotta submit that when applying for my CR1 correct? I also have a couple misdemeanors on my record from when I was younger from 2004 & 2007, nothing serious just class b misdemeanors driving with suspended license(2007) and possession of *********(2004). nothing related to trafficking or sex related offenses. I have absolutely no felonies!! Do I have to submit a record of that? Will that affect my petition? I currently have no warrants or fines or tickets of any sort and owe no child support of any sort.

How difficult can I expect this to be to obtain a CR1? Also when I file for the CR1 and it's in processing how does that affect my Girlfriends b1/b2 visa? Will she still be able to visit the US while the CR1 is in process? This visa stuff is no joke and is so complicated!! Any and all help would be greatly appreciated.. What am I missing?

[rayb]

2Moore,

Please see my responses after your questions:

I have a question about this b1/b2 visa. I am a 33 yrs old US Citizen and my girlfriend of 2 years is from Thailand she is 36yrs old. She currently has a b1/b2 visa that is valid until 2022 and visit's me in Texas often. We would like to get married here in the US during her next visit in December, she will be here for 3 weeks and will return to Thailand in January 2015. I know that it is ok for us to marry in US with her passport as ID as long as she intends to return to Thailand and not stay in US.

"Intent to return to Thailand" is not a requirement to marry in the U.S. Nobody will bar her marrying you if she does not intend to return to Thailand.

When she returns in January I will like to file for CR1 spouse visa so I must do the I-130 petition and I-864 affidavit of support correct? I make more than enough and meet the 2014 hhs poverty guidelines.

Filing the I-130 comes first, then the I-864 is submitted to a different agency (NVC) after the I-130 is approved.

I know she has to do medical exam and vaccination as well and I also understand she has to file an I-485?

No, no I-485 is involved if your gal is processed for her visa in Bangkok.

My other question is, I was once married before when I was young, I was 21 years old and got divorced only after a year at 23years old. I have my divorce decree and I think I gotta submit that when applying for my CR1 correct? I also have a couple misdemeanors on my record from when I was younger from 2004 & 2007, nothing serious just class b misdemeanors driving with suspended license(2007) and possession of *********(2004). nothing related to trafficking or sex related offenses. I have absolutely no felonies!! Do I have to submit a record of that? Will that affect my petition? I currently have no warrants or fines or tickets of any sort and owe no child support of any sort.

When submitting an I-130, no information about past law violations has to be submitted by you. A name check will be made of a law enforcement database (probably NCIC), and more information asked of you if any "bells start ringing."


How difficult can I expect this to be to obtain a CR1? Also when I file for the CR1 and it's in processing how does that affect my Girlfriends b1/b2 visa?

Her B1/B2 visa might be cancelled if her pending I-130 filing is determined at the Port of Entry upon her return to the U.S.

Will she still be able to visit the US while the CR1 is in process? This visa stuff is no joke and is so complicated!! Any and all help would be greatly appreciated.. What am I missing?

[2theMoon81]

Thanks for your speedy reply Rayb

2Moore,

Please see my responses after your questions:

So since she will be in Bangkok when I apply for I-130 she will not need to do I-485? And once the I-130 is being processed or approved that automatically cancels her b1/b2 visa? So she couldn't visit during I-130 processing? I should have no issue visiting her then during that period. The I-485 is only if she is the US trying to adjust her status? Generally takes anywhere from 6 to 8 months to process CR1?

[rayb]

Moon Guy,

Maybe I wasn't clear earlier...the I-485 is only used if the applicant is in the U.S.

There is no "automatic" cancellation of a B2 visa. But an I-130 in process can be the reason for an Immigration officer to deny entry with a B2 visa. It doesn't always happen this way, but depends on discretion of the Port of Entry officer.

An I-130 can take anywhere fro 6-12 months, but 8 or 9 months is about average (from submittal to Embassy interview).

--Ray B

So since she will be in Bangkok when I apply for I-130 she will not need to do I-485? And once the I-130 is being processed or approved that automatically cancels her b1/b2 visa? So she couldn't visit during I-130 processing? I should have no issue visiting her then during that period. The I-485 is only if she is the US trying to adjust her status? Generally takes anywhere from 6 to 8 months to process CR1?

[VictoriaG]

help

im currently in the US on a B2 visa. My bf proposed to me and wants to get married on our anniversary (january 2015). my visa is valid until the end of february. should we file I-130 and AOS before i return to my home country or is it better to get married, return to home country and then file the petition?