B2/Immigrant visa

[justin22]

Hello,
My wife is currently holding a B2 Visa for next 10 years working in dubai. we are planning to get married this October , and I am US Citizen. Few questions I would like to clear up. Would like to know if she can travel with me to USA after marriage with her B2 visa and I then apply for visa adjustment or status change? or can she stay here for some time with me and go back while her 130 is pending and attend the interview in her country? please explain how can I use B2 visa for our advantage.

[peace999]

yes, she can travel with you on her B2 after marriage provided she declares at the airport that she is only visiting US for a precise short period and carries a return ticket.
Adjusting to green card from B2 is possible but not recommended in your case. The reason is B2 requires a non-immigrant intent . When she declares herself a tourist
at the airport and then applies for a green card after she enters, that means she lied when she entered. People do this but there is a definite risk of green card denial in this.

I would recommend she wait for her immigrant visa at home rather than adjusting status in US from a visitor status. The only advantage a B2 should offer is if you guys
wish to get married in US . Then she should return home and wait for her CR-1 immigrant visa.

[justin22]

B2/Immigrant visa

Thank you for the reply. So if she come under b2 visa how long can she stay here in the states provided the fact I will be filing for her I30 visa. Can she stay here while the visa is pending and go back and attend the interview there ?

[peace999]

the duration of stay will be granted at US airport depending on what she says as the purpose and her intended duration.
she should not say anything that may mean she does not want to go back.

Yes, you can file her I-130 after she enters but you will have to declare her presence in the US in the I-130. It may not mean anything,
but still talk to a good attorney.

[justin22]

B2/Immigrant visa

Thanks. You mentioned about the only advantage of B2 visa is we are planning to get married here. How does that work if we wanna get married here in the states ?

[peace999]

Because she can enter US with a B2 and then you can get married. If she did not have a B2 , it would not be possible.
And there is no official visa requirement to get married in US. You just have to be present in US.

[justin22]

B2/Immigrant visa

I really appreciate ur help. So how long do I have to wait to get married to her. Because as you said the intention shouldn't be presented while coming to USA .. So is there a time period we have to wait and what's the legal procedure after I get married to her in USA under B2?

[peace999]

Technically, one is allowed to get married while on a B2. Get married just like everyone in US .
But if you state that purpose while entering on a B2, it can be misinterpreted as immigrant intent.
So, she can enter as visiting a friend and then you can decide what to do. If there is no plan to change status in US
you can get married anytime, since there won't be any involvement with immigration in US.

Write me a personal message on this forum if you still have any doubts. NOTIFICATIONS on upper right side of this page.