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  • #31
    B1/B2 visa holder getting married to US citizen

    Hi! Please help.

    I have B1/B2 visa valid until 2014. I met my US citizen boyfriend last November 2014, I know its just a while since we met but we both really love each other and we want to put our relationship into more serious level, we want to get married soon. He is going to Philippines on May 2015 to propose/get married. By the way, I am working abroad (Saudi Arabia), I will use my annual leave to meet him in the Philippines and do the wedding. I'm not planning to give up my job after the wedding because I know it will take time to process the spouse CR1 visa but he wants me to go back to US before the year ends and we will get married again in USA.

    I have several questions in mind;

    1. Is it okay to go back to US using my B1/B2 visa after marrying US citizen? Should I tell to immigration officer that my purpose of visiting US is to marry my husband (again) in US?
    2. Should we file CR1 visa immediately after our wedding in the Philippines or after the wedding in USA?
    3. Considering my job abroad, where should we file the spouse visa, in Philippines, Riyadh-KSA, or USA?
    4. Can I stay in USA for 6months or more during the processing of my CR1 visa?

    Thank you.

    Comment


    • #32
      US Citizen Married a B1/B2 Visa Holder in Nicaragua

      Hello,

      I would like to get some tips as to what is the best and fastest way to have my wife come back to the US to live with me legally. My wife and I got married on 12/27/14 in Nicaragua where she currently lives and we are now planning to live our lives in the US. She was granted a B1/B2 Visa in 2013 and is valid for 10 years. She's been here twice to visit me with that. I would like for this time for her to stay. What do you recommend I do? By the way, I am a US Citizen. I want to marry her again here just civil (not sure if it's necessary). I am trying to avoid fixing her papers while she remains in Nicaragua because I hear that it takes longer and they will need to give her a different type of visa.
      What process can I take to have her living here with we are applying? There are so many forms out there that it's confusing.

      Comment


      • #33
        i have the same case, anyone can help ?

        hi all,
        I have the exact same case from different country, I got married outside the states, and my wife coming to visit me on sept using her B1/B2 visa she got after we got married, can I apply for CR-1 while she is here?

        I would like to get some tips as to what is the best and fastest way to have my wife come back to the US to live with me legally. My wife and I got married on 12/27/14 in Nicaragua where she currently lives and we are now planning to live our lives in the US. She was granted a B1/B2 Visa in 2013 and is valid for 10 years. She's been here twice to visit me with that. I would like for this time for her to stay. What do you recommend I do? By the way, I am a US Citizen. I want to marry her again here just civil (not sure if it's necessary). I am trying to avoid fixing her papers while she remains in Nicaragua because I hear that it takes longer and they will need to give her a different type of visa.
        What process can I take to have her living here with we are applying? There are so many forms out there that it's confusing.[/QUOTE]

        Comment


        • #34
          Can non US citizen stay in the US while I-130 and I-485 are being processed?

          I am a US citizen, and my non-us citizen fiance is currently on a 10 year B1/B2 visa and was permitted a 6-month entry on her first visit. She only had used 3 months on her US visit, and is back in her home country for the next 4-5 months. She and I are planning for her to return to the US (on 2nd visit) so we can marry and happily spend our lives together.

          If on a K-1 fiance visa, her stay is only permitted to be 90 days to marry as I understand it. If we get married in that time and file forms I-130 and I-485 right away, can she then stay in the United States after that 90 day 'marry period' is up while they process the forms?

          Also, I've read that it is possible for a non-US citizen to marry a US citizen while visiting the US on a B1/B2 visitors visa, then file forms I-130 and I-485. However, I've also read by doing that, it is considered visa fraud. I'm confused and need some clarification.

          What would be the quickest, best route to go in marrying my foreign fiance while still being able to see her without having to spend many months apart at a time, and spending thousands on travel?

          Many thanks, any help would be much appreciated!

          sumne1mw

          Comment


          • #35
            When a U.S. citizen marries a foreign national while in the U.S. on a B2 visa, there is only fraud of the intent was fraudulent, and there is evidence or admission of unlawful intent.

            Visitor visa entrants marry in the U.S. every day and subsequently convert to GC status.

            --Ray B

            Originally posted by sumne1mw View Post
            I am a US citizen, and my non-us citizen fiance is currently on a 10 year B1/B2 visa and was permitted a 6-month entry on her first visit. She only had used 3 months on her US visit, and is back in her home country for the next 4-5 months. She and I are planning for her to return to the US (on 2nd visit) so we can marry and happily spend our lives together.

            If on a K-1 fiance visa, her stay is only permitted to be 90 days to marry as I understand it. If we get married in that time and file forms I-130 and I-485 right away, can she then stay in the United States after that 90 day 'marry period' is up while they process the forms?

            Also, I've read that it is possible for a non-US citizen to marry a US citizen while visiting the US on a B1/B2 visitors visa, then file forms I-130 and I-485. However, I've also read by doing that, it is considered visa fraud. I'm confused and need some clarification.

            What would be the quickest, best route to go in marrying my foreign fiance while still being able to see her without having to spend many months apart at a time, and spending thousands on travel?

            Many thanks, any help would be much appreciated!

            sumne1mw

            Comment


            • #36
              ...understood. However, would my foreign wife be put into a sort of protected status and stay in the USA while they process forms I-130 and I-485? Or would she have to leave again after marriage (and form filing) in the states?

              Originally posted by rayb View Post
              When a U.S. citizen marries a foreign national while in the U.S. on a B2 visa, there is only fraud of the intent was fraudulent, and there is evidence or admission of unlawful intent.

              Visitor visa entrants marry in the U.S. every day and subsequently convert to GC status.

              --Ray B

              Comment


              • #37
                While conversion paperwork (I-130 and I-485) are being processed, your wife (of a U.S. citizen) can remain in the U.S. in a protected status after her visa stay has expired.

                --Ray B

                Originally posted by sumne1mw View Post
                ...understood. However, would my foreign wife be put into a sort of protected status and stay in the USA while they process forms I-130 and I-485? Or would she have to leave again after marriage (and form filing) in the states?

                Comment


                • #38
                  OZ citizen, B1 B2 holder married to US Citizen

                  Hi I am Australian Citizen. I have 7 years B1/B2 Visa. My wife is US citizen by birth and 90% of her family members are in the US. My wife and I are living in Australia & want to move to the US Permanently. What is the best way? Can I just go to the US on B1/B2 visa and my wife can apply for petition. Do I need to come back after she will apply for petition? We have been married from last 5 years and have 2 kids. When Can i start work in the US? Help please
                  Last edited by vikasbhu; 01-21-2016, 06:24 PM.

                  Comment


                  • #39
                    can I re-entry the USA after marrying an American citizen with a B1B2 tourits visa?

                    I am Mexican and I just married an American Citizen in Arizona. I came to USA with my B1B2 tourist visa and I've been here for 1 month
                    I want to go back to Mexico but then I wondered if I can re-entry USA ( we have not filled any document (l-130 form), we want to wait to apply to the USCIS)
                    do you think I will have problems in the border if I am married even if I don't apply for adjustment or naturalization (I cross the border with my car)???

                    Comment


                    • #40
                      Working in singapore

                      Hi All,

                      I am a Filipino and my soon to be husband (US citizen) proposed to me couple of days ago and of course I said Yes. We are together for more than 2 years already and we are both currently working here in Singapore with the same job and same company. I Am currently holding a visitor visa with 10 year validity.

                      We are wondering, whether is it possible to fly to US and get married and go back to singapore? What are the steps that we need to do? What application forms that we need to apply? How long is the processing time as we need to prepare for it ahead of time? What are the fees? Please give me some advice?
                      Last edited by tinkiewinkie1224; 03-30-2016, 10:52 PM.

                      Comment


                      • #41
                        documents needed

                        Originally posted by deathrow2020 View Post
                        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.
                        what are the documents needed? im confused on what forms to use so far i already prepared I-485, G-325A, I-131, I-130, I-765. Do we still need I-864 and those forms for medical exams? thanks

                        Comment


                        • #42
                          Can my spouse leave the us

                          hi i just recently married my GF here in Miami, she was here on a tourist visa and I am an American Citizen, she wants to return home for 6 months to finish school and then come and then come to stay permanently and apply for an adjustment of status. is this possible?

                          Comment


                          • #43
                            Since she would be relying on tourist visa status, she might be denied reentry on that same status, as she would be reentering for purpose of completing an immigrant procedure, not a tourist stay.

                            -Ray B

                            Originally posted by Jfpugols View Post
                            hi i just recently married my GF here in Miami, she was here on a tourist visa and I am an American Citizen, she wants to return home for 6 months to finish school and then come and then come to stay permanently and apply for an adjustment of status. is this possible?

                            Comment


                            • #44
                              help please

                              i am a us citizen, but my wife isnt, we got married while she was in the us on a tourist visa but she returned to her home country to resolve some pending issues, she is here now again on vacation, and we are considering her staying and requesting an adjustment of status so that she can wait for her green card here , instead of her returning and having to go through the consulate, is this possible? we're afraid the interview might go south because of this.
                              would there be any issues during the interview?

                              Comment


                              • #45
                                Looking for direction please

                                Hi There,

                                I am looking for some direction please, I cannot seem to find consistent information in regard to what forms need to be lodged in my circumstance.

                                I entered the US on a B1 / B2 in December 2015, approved for 6 months and applied for a 6 month extension which was approved and expires on December 10 2016.
                                I married my husband October 29 2016 and would like to go ahead with lodging the appropriate paperwork to change my status so I am able to lawfully stay and work as soon as possible.

                                Is somebody able to advise me what forms I need to lodge?

                                I would really appreciate any assistance as I am very overwhelmed and would like to proceed without the expense of an attorney if possible.

                                Many thanks in advance.

                                Pia

                                Comment

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