B2 to Fiance Visa?

[jaseuro]

I'm sure this question has been answered a million times on this forum but I couldn't find anything.

My boyfriend is Austrian and is here on a B-2 Visa which expires on October 9th. We are wanting to get engaged. Is there any way we can get a fiance visa while he's here thus extending his stay to a later date and allowing him to seek employment? I know it takes at least 5-6 months for the process but if we notify immigration that we got engaged, can they extend his B2 visa? How does this process work?

Thanks!
Jason

[inadmissible]

Your subject is "B-2 change of status to K-1" but your narrative really describes two steps, "B-2 extension then change of status to K-1"

The short answer is no

The long answer is, is he really a B-2 traveler? He is Austrian so I presume he entered on the Visa Waiver Program, which makes him ineligible to change his status to any other non-immigrant visa category. Even if he did come in on a B-2, he still can not change status to a K-1. K visa processing has to be performed at a consulate abroad and there is no way around that. Finally, B-2 visa extensions are granted only to bona fide non-immigrants, however your boyfriends specific intent is to immigrate

You do have the option if marrying him, making him eligible for adjustment of status to that of a permanent resident. He would be continue to be eligible for this benefit even if he overstays his current status

[newacct]

The whole point of a K-1 is to allow him to enter the US so he can marry and do Adjustment of Status. He is already in the US, and can already marry and do Adjustment of Status. So K-1 is not applicable.

[jaseuro]

You're right - he's on the Visa Waiver Program. Not B-2 as I originally thought.

You mean I can marry him here while he's on the Visa Waiver Program?

Your subject is "B-2 change of status to K-1" but your narrative really describes two steps, "B-2 extension then change of status to K-1"

The short answer is no

The long answer is, is he really a B-2 traveler? He is Austrian so I presume he entered on the Visa Waiver Program, which makes him ineligible to change his status to any other non-immigrant visa category. Even if he did come in on a B-2, he still can not change status to a K-1. K visa processing has to be performed at a consulate abroad and there is no way around that. Finally, B-2 visa extensions are granted only to bona fide non-immigrants, however your boyfriends specific intent is to immigrate

You do have the option if marrying him, making him eligible for adjustment of status to that of a permanent resident. He would be continue to be eligible for this benefit even if he overstays his current status

[Trinity71]

You're right - he's on the Visa Waiver Program. Not B-2 as I originally thought.

You mean I can marry him here while he's on the Visa Waiver Program?

Yes. You can marry anyone while they are present here in the U.S. Once married, you would file for his adjustment of status.

This is my opinion and not legal advice. Use of this information is strictly at your own risk.

Trinity71

[inadmissible]

Jason, I assume you are a US citizen. In that case, it is fairly straight forward for you to marry him, and for him to then adjust his status to that of a permanent resident, even if his VWP duration of status has lapsed

Yes. You can marry anyone while they are present here in the U.S. Once married, you would file for his adjustment of status.

To clarify, anyone can marry anyone in the US regardless of their immigration status, but if and only if both parties are legally free to marry. An alien spouse of a US citizen can apply for adjustment of status, as long as they were inspected upon entry, but not if they were admitted on C, D, J, or S visas, as well as Transit Without Visa aliens. (S visa petitioning agencies & J visa applicants can apply for a waiver). None of these obstacles apply to this case, and it is pedantic of me to provide this clarification - for that I apologize, but these edge cases to crop up from time to time

[jaseuro]

Thanks for the information. Yes, I'm a US citizen. He's here for only 3 months - we met during our vacation in Bali last May, and he decided to fly out here so we could get to know each other better. Now that we have, we would like to marry. How likely is immigration going to approve his petition to change his immigration status? What would he need to apply for, after we marry?

Thanks!

Jason, I assume you are a US citizen. In that case, it is fairly straight forward for you to marry him, and for him to then adjust his status to that of a permanent resident, even if his VWP duration of status has lapsed



To clarify, anyone can marry anyone in the US regardless of their immigration status, but if and only if both parties are legally free to marry. An alien spouse of a US citizen can apply for adjustment of status, as long as they were inspected upon entry, but not if they were admitted on C, D, J, or S visas, as well as Transit Without Visa aliens. (S visa petitioning agencies & J visa applicants can apply for a waiver). None of these obstacles apply to this case, and it is pedantic of me to provide this clarification - for that I apologize, but these edge cases to crop up from time to time

[inadmissible]

The chances of him facing obstacles to adjusting his status are very, very low. I'd call this situation a slam dunk

[Danny_price]

I'm sure this question has been answered a million times on this forum but I couldn't find anything.

My boyfriend is Austrian and is here on a B-2 Visa which expires on October 9th. We are wanting to get engaged. Is there any way we can get a fiance visa while he's here thus extending his stay to a later date and allowing him to seek employment? I know it takes at least 5-6 months for the process but if we notify immigration that we got engaged, can they extend his B2 visa? How does this process work?

Thanks!
Jason

Unfortunately no. I was in the same boat and have just had my K1 visa approved. You have to return to your home country to apply for it as he needs a medical and to have an interview with a consulate in his home country. You can marry on the Visa Waiver Program but you must then apply for a spousal visa. He will not be able to work on the first three months after marriage on his K1 visa either as will only be able to do that after he applies for adjustment of status and you get sent an EAD allowing him to work. If you get a spousal visa you can work as soon as it's approved and entered the country. In short you cannot stay longer than the 90 days on the Visa Waiver Program to get married and even if you do get married on it he will still have to return home to apply for the spousal visa.

[newacct]

In short you cannot stay longer than the 90 days on the Visa Waiver Program to get married and even if you do get married on it he will still have to return home to apply for the spousal visa.

No. If they get married to a US citizen, they can do Adjustment of Status in the US and stay.

[Danny_price]

No. If they get married to a US citizen, they can do Adjustment of Status in the US and stay.

Not on a tourist visa. On a tourist visa you agree to return home even if you get married. You must then apply for a spousal visa.

[inadmissible]

That is certainly not the case Danny

[newacct]

Not on a tourist visa. On a tourist visa you agree to return home even if you get married. You must then apply for a spousal visa.

Nope. Someone who is in the US on a tourist visa or VWP (or most other visas) is absolutely eligible for Adjustment of Status in the US after marrying a US citizen. Like it or not, that's the law.