Marrying on B-2 visa and HB returning home??

[suzannyo 0]

Ok, I know that everyone has asked about marrying on the tourist visa and then adjusting status (both staying in the US).

My question is slightly different because my Honduran fiance and I would like to apply for the B-2 visa so he could come here to get married, but then return to Honduras until we can file and get the K-3 visa for him to return. I know that sounds like a pain and more work than necessary, but we're trying to find a way to get married while my dad is still here (he's suffering with terminal cancer), and both of us are still studying in our respective countries.

I spoke to a woman who works for a US state rep who said that that wouldn't be illegal, because a) we aren't trying to defraud the gov't , b ) he'd only be in the US while his visa was good, and c) he would be returning back to his country for us to pursue the K-3 process legally.

I'm hesitant to do that though b/c of all the emphatic replies here that it it illegal, will end up drowning us in paperwork and red tape, etc. Mostly, I'm hesitant b/c we want to do things the right way so that he'll have the best possible chance of immigrating when the time is right.

Its so hard to figure out what our best option is given the complexities of our situation, especially because we don't know how long my dad will be with us. Any help is greatly appreciated.

[Penguin_ie 5,992]

It is a perfectly legal option. I know a couple of people who have done it, but they were from Europe and travelling on the VWP. They were both honest at the POE and were allowed in no problem.

[Badgerella 5]

Unless I am reading all of this wrong, I can not see how this could be legal. It sure gets done, probably all the time, with the B-2 holders both returning and not returning to their home countries, but it still does not make it legal.

When asking for a B-2, you're asking for a tourist visa, and, as much as I remember, the form (D-whatever, or whatwasit) even has a question on it asking if you plan to get married while in the States.

I would assume that, if you circle yes, you'd basically be outright denied your tourist visa. The moment you circle no and end up marrying and then doing whatever (even if it's jsut returning to your homeland), you're doing what you said you wouldn't be doing. Which then makes the whole thing a bit illegal, no?

I would assume you could still get your K3 sometime later and that it likely wouldn't take any longer, or be any more difficult. Maybe you'd even get awarded for not doing things the right way (considering the marriage on a B-2), but that's, maybe, just me and my experience, as well as disappointment with the system as is.

[Gemmie 142]

I would like to apply for the B-2 visa so he could come here to get married

That's the fraud part.

All of us would like to come over on a B2 or VWP to get married, but it's not allowed.

[pushbrk 12,569]

I would like to apply for the B-2 visa so he could come here to get married

That's the fraud part.

All of us would like to come over on a B2 or VWP to get married, but it's not allowed.

Yes, it is absolutely allowed and legal, perfectly legal as long as he leaves the US before his I-94 expires.

What's illegal is for him to stay and attempt to adjust status.

What may be difficult is getting the B2 visa in the first place but there should be no additional complication as a result of having visited recently on a B2 or having gotten married while visiting. (again, as long as he goes home)

You don't need to wait until he goes home to start the visa process.

[Penguin_ie 5,992]

I would like to apply for the B-2 visa so he could come here to get married

That's the fraud part.

All of us would like to come over on a B2 or VWP to get married, but it's not allowed.

Why is it fraud, unless he is lying on the visa form and saying he is coming for business/ to visit friends when a wedding is intended? Coming to the US to have a weddings is NOT illegal- staying in the US afterwards is illegal.

[pushbrk 12,569]

I would like to apply for the B-2 visa so he could come here to get married

That's the fraud part.

All of us would like to come over on a B2 or VWP to get married, but it's not allowed.

Why is it fraud, unless he is lying on the visa form and saying he is coming for business/ to visit friends when a wedding is intended? Coming to the US to have a weddings is NOT illegal- staying in the US afterwards is illegal.

Is it illegal to come for business when golf or Disneyland is planned for one of the days?

It's not illegal or fraudulent in any way to leave out any specific detail of one's itinerary unless that detail is an illegal activity. I would definitely advise using a generic "visit" reason for the visa application and at the POE. Mentioning the marriage will likely cause the CO and/or CBP officer at the POE to conclude there's immigrant intent and deny entry. As long as the visa holder complies with the terms of the visa, marrying is not a problem. They are not going to grant him a B2 visa if he indicates the purpose is to marry a USC while in the US.

His primary activities will be visiting friends and family. The wedding will consume part of one day.

Edited August 2, 2008 by pushbrk

[Badgerella 5]

How does that make sense, though? I mean, sure, just to state it once more, a whole bunch of things makes no sense at all, but still.

I'm about to apply for another B-2. Three so far have been denied for no good reasons at all (details in some other thread). I keep being advised to tell them, this time, that I actually want to go visit my fiance. Because, well, lying about visiting some friends and family and then, a few months after that convicing another CO that I have an ongoing relationship with an USC who... I, uh, forgot to mention just a few months ago, really does not sound like a plan to me (as well as those people who keep telling me to just outright say where I want to go and, due to all the inconsistencies in the system itself, likely deal with yet another denial).

So, sure, I really don't think it's illegal to get married, just like it's not illegal to fall in love or go to Disneyland, but I do assume that people who actually do it should, y'know, suffer a bit. At least as much as those who are not allowed to spend their vacation in the US because the color of their hair isn't something a CO is in love with.

[pushbrk 12,569]

How does that make sense, though? I mean, sure, just to state it once more, a whole bunch of things makes no sense at all, but still.

I'm about to apply for another B-2. Three so far have been denied for no good reasons at all (details in some other thread). I keep being advised to tell them, this time, that I actually want to go visit my fiance. Because, well, lying about visiting some friends and family and then, a few months after that convicing another CO that I have an ongoing relationship with an USC who... I, uh, forgot to mention just a few months ago, really does not sound like a plan to me (as well as those people who keep telling me to just outright say where I want to go and, due to all the inconsistencies in the system itself, likely deal with yet another denial).

So, sure, I really don't think it's illegal to get married, just like it's not illegal to fall in love or go to Disneyland, but I do assume that people who actually do it should, y'know, suffer a bit. At least as much as those who are not allowed to spend their vacation in the US because the color of their hair isn't something a CO is in love with.

The rules are different for visiting than immigrating. That's where the making sense comes from. What you do while you visit is your business, including marrying but marrying, in and of itself is has nothing to do with immigrating.

No dear, it's the immigration that makes you look fat, not the marrying on a tourist visa.

[Gemmie 142]

I thought it was fraud if he specifically states on his B2 application that he is not intending to get married (when asked), when he actually does.

[spookyturtle 9,465]

I thought it was fraud if he specifically states on his B2 application that he is not intending to get married (when asked), when he actually does.

If one were asked that question and anwered no, then it would be fraud would'nt it? Lying is misrepresenting.

[Badgerella 5]

I haven't tried to immigrate yet, but the rules for visiting are the most senseless thing I've ever experienced.

[pushbrk 12,569]

I thought it was fraud if he specifically states on his B2 application that he is not intending to get married (when asked), when he actually does.

If one were asked that question and anwered no, then it would be fraud would'nt it? Lying is misrepresenting.

Of course on both counts but the visa application doesn't ask about intentions to marry. It simply has a spot to write the purpose of the visit. Again, it's the intent to and attempt to "immigrate" using a B2 visa that is visa fraud. One need not list all potential activities planned during the visit. The question is general, so a generic answer is acceptable.

My first trip using a passport was for trade show in the UK. I simply told the officer the purpose of my trip and intended length of stay, without giving a full itinerary of activities. I didn't mention any planned side activities beyond the general purpose. When I went to China to get married, the subject never came up in any visa application or at the point of entry. I simply got married, had a honeymoon and RETURNED HOME, so there were no IMMIGRATION issues involved in my plan to GET MARRIED. It really does work the same way when visiting the USA, except from some countries it's more difficult to get the visa to begin with. I suspect the OP's fiance(e) will have significant difficulty on that score anyway, very likely making our discussion moot.

[suzannyo 0]

So, does anyone know anyone who has actually done this? Marrying and then the non-US citizen returning home and applying for the K-3? Does anyone have a suggestion of a good immigration lawyer for a consultation in the Chicago area?

If we were just trying to get married and have him here, we'd be trying to avoid grey areas and apply for the K-1 like everyone else, but the fact of the matter is that we're trying to find a way to do this while my dad is still alive...it means a lot to both of us that he be there to walk me down the aisle, and he probably won't make it much past Christmas. Then when we have to apply for the K-3, I'm planning on staying here as long as my dad is alive and then hoping to go down to Honduras so we can be together while we wait for it to come through.

I know everyone wants to get married asap and wishes the immigration system weren't so broken. We're just looking to see if there is a legal way to do this (ie- the B-2) that won't get us blacklisted for the time when we do want a K-3.

Thanks to all those who've taken the time to comment.

[pushbrk 12,569]

So, does anyone know anyone who has actually done this? Marrying and then the non-US citizen returning home and applying for the K-3? Does anyone have a suggestion of a good immigration lawyer for a consultation in the Chicago area?

If we were just trying to get married and have him here, we'd be trying to avoid grey areas and apply for the K-1 like everyone else, but the fact of the matter is that we're trying to find a way to do this while my dad is still alive...it means a lot to both of us that he be there to walk me down the aisle, and he probably won't make it much past Christmas. Then when we have to apply for the K-3, I'm planning on staying here as long as my dad is alive and then hoping to go down to Honduras so we can be together while we wait for it to come through.

I know everyone wants to get married asap and wishes the immigration system weren't so broken. We're just looking to see if there is a legal way to do this (ie- the B-2) that won't get us blacklisted for the time when we do want a K-3.

Thanks to all those who've taken the time to comment.

You've found a legal way but there's no gaurantee your fiance can get the visa or will be granted entry to the USA. Of course, if he's accomplished this before, he'll probably be able to do it again.