Marrying my fiancé who has a B1/B2 visa

[Prvzl]

I am a US citizen and before I met my fiance she already had a B1/B2 visa. She is coming to visit soon and we are planning to get married. I've read a few articles where it says that officials could consider it a visa fraud if we get married on her B1/B2 and thats quite scary. I'm a military veteran and I'm employed with the federal government so we dont want any trouble. After her visit she will be going back to her country and will come back 3 months later to stay. We love each other very much and all we want is to do everything the right way and be able to spend the rest of our lives together. Any info on this matter will be very helpful.

[rayb]

There are no restrictions on marriage of foreign nationals by U.S. citizens.

--Ray B

I am a US citizen and before I met my fiance she already had a B1/B2 visa. She is coming to visit soon and we are planning to get married. I've read a few articles where it says that officials could consider it a visa fraud if we get married on her B1/B2 and thats quite scary. I'm a military veteran and I'm employed with the federal government so we dont want any trouble. After her visit she will be going back to her country and will come back 3 months later to stay. We love each other very much and all we want is to do everything the right way and be able to spend the rest of our lives together. Any info on this matter will be very helpful.

[Dave DelosReyes]

Hi everyone,

I need some help regarding marriage in the US. I am granted permanent residence in the US and I have a child and a fiancee' living in the Philippines. I would like to take them with me on a tourist visa.

I was advised by aunts in the US to marry her in the US and file the petition here as well as AOS so she can stay here.

The problem is, as far as I know, that solution only applies to US citizens and not for permanent residents. Or does it?

Please let me know what are my options because it will be very hard for the three of us to be separated. Thank you!

[rayb]

Dave,

You cannot petition a fiancee unless you are a U.S. citizen. If you marry your fiancee, she will not be eligible for Permanent Resident status for about two years, when her Priority Date becomes current. Your aunts in the U.S. are not giving you sound immigration advice.

--RayB

Hi everyone,

I need some help regarding marriage in the US. I am granted permanent residence in the US and I have a child and a fiancee' living in the Philippines. I would like to take them with me on a tourist visa.

I was advised by aunts in the US to marry her in the US and file the petition here as well as AOS so she can stay here.

The problem is, as far as I know, that solution only applies to US citizens and not for permanent residents. Or does it?

Please let me know what are my options because it will be very hard for the three of us to be separated. Thank you!

[Prvzl]

Ok thank you! So I once married, We'll apply for permanent resident and change of status for her. Do you know if we will encounter any difficulties while we wait for her paperwork to come back being that she has a BI/B2 visa? We just want to make sure her 90 days wont run out while wait.

[Prvzl]

Thank you Ray B!

So once married, We need to fill out the proper documents. What happens if we dont receive anything back before her 90 days are up? Will the 90 days still apply since shes already married to me, a US citizen? Anything you can tell me about the process and best things for us to do will be of great help. Thank you so much!

There are no restrictions on marriage of foreign nationals by U.S. citizens.

--Ray B

[rayb]

Once USCIS receives your petition and I-485 paperwork, your wife is in a protected mode against any adverse immigration action.

--Ray B

Thank you Ray B!

So once married, We need to fill out the proper documents. What happens if we dont receive anything back before her 90 days are up? Will the 90 days still apply since shes already married to me, a US citizen? Anything you can tell me about the process and best things for us to do will be of great help. Thank you so much!

[Prvzl]

Thank you so much for your help Ray B

[karam96]

you welcome

[meannho]

Hi there. I need help to what visa option should I get for me to go to the US. My fiance is a US citizen. But he is currently on parole. So he is restricted to travel outside US for us to meet. We've been known each other for 6 years. And we want to get married. What option should we apply since K1 visa would not applied to us.

[rayb]

A U.S. citizen (even with temporary loss of of some civil rights because of a criminal conviction) who is on parole or probation is not automatically barred from obtaining a U.S. passport or travelling outside the U.S. On the other hand, he may have been given an order to relinquish his U.S. passport to be held until his parole is completed, and he would also have been given an order to not leave his local county or state of residence, or to travel outside the U.S. without notifying his parole officer, or obtaining a judge's permission (to leave the U.S.).

Many people tend to assume that certain conditions disallow them from exercising their legal rights (to travel), when in reality all he might need is legal permission.

So it is possible that your fiance is assuming, without exercising his "due diligence," that he cannot travel to meet you in person. There is also a possibility that he knows he can travel outside the U.S., but doesn't want to go through the hassle of asking for legal permission or spending the money to go and see you.

Having said the above....if your guy has made a formal request for permission to travel outside the U.S. and been officially denied such permission...then your best option is to apply for a visitor visa to come to the U.S. to meet him in person in order to satisfy the immigration requirement that you have proof of meeting in person or to marry in the U.S.

--Ray B

Hi there. I need help to what visa option should I get for me to go to the US. My fiance is a US citizen. But he is currently on parole. So he is restricted to travel outside US for us to meet. We've been known each other for 6 years. And we want to get married. What option should we apply since K1 visa would not applied to us.

[meannho]

Thank you so much RayB for your quick response. I think you might be right about that. My fiance is now asking me to visit him in the US instead. I'm about to file a visitors visa but I don't know what are the requirements. Base to what I've heard that I need to establish my strong ties to my country. I don't have much savings in my personal bank account. But I do own a little property. I have 2 jobs one is regular and the other is part time. I have been in my company for more than 5yrs. Is it okay if my fiance will be the one to sponsor my trip? Would it be okay if I tell the consul during the interview that my purpose of going to US is to visit my fiance? What are my chances of getting approval based on my current situation? Thank you so much for help..

[rayb]

You should keep your fiancee out of your visitor visa application. If you mention a fiancee, you are providing the reviewer with a possible reason for denial of your application, as it will be interpreted as an "intent to immigrate," and use of a visitor visa for that intended purpose is considered circumvention of the normal immigration requirements.

--Ray B

Thank you so much RayB for your quick response. I think you might be right about that. My fiance is now asking me to visit him in the US instead. I'm about to file a visitors visa but I don't know what are the requirements. Base to what I've heard that I need to establish my strong ties to my country. I don't have much savings in my personal bank account. But I do own a little property. I have 2 jobs one is regular and the other is part time. I have been in my company for more than 5yrs. Is it okay if my fiance will be the one to sponsor my trip? Would it be okay if I tell the consul during the interview that my purpose of going to US is to visit my fiance? What are my chances of getting approval based on my current situation? Thank you so much for help..

[meannho]

Thank you so much rayb. Do you know who can we use as sponsor for my visit? Sorry to ask lots of quetion. Both of us were trying to find a good advice.

You should keep your fiancee out of your visitor visa application. If you mention a fiancee, you are providing the reviewer with a possible reason for denial of your application, as it will be interpreted as an "intent to immigrate," and use of a visitor visa for that intended purpose is considered circumvention of the normal immigration requirements.

--Ray B

[rayb]

A visitor visa does not require a sponsor. But you should be prepared to show how your expenses will be paid.

--Ray B

Thank you so much rayb. Do you know who can we use as sponsor for my visit? Sorry to ask lots of quetion. Both of us were trying to find a good advice.