Marrying a US Citizen on B2

[New_Husband 0]

Hello All,

I have been told that marrying a nonimmigrant with a B2 visa is considered fraud if your partner had intent to marry and immgrate. However, this is such a big grey area because how do you determine "intent?" In my case, I went to go see my fiance in her country, and then a few days later, came back together to the US and got married a week later in the US. Several lawyers told me becuase we didn't wait 3 months after my partner entered the US to get married, that we can't file for AOS I-485. However, I have a family friend who is an IO, and that IO told me for US Citizens, they'll let it pass. One lawyer told me from all his previous experience, we have a 90 - 95% success rate if my wife filed for I-485. I was also told that if the case gets denied, that I have the right to appeal. If I appeal, I have basically a 100% chance of winning because it is said that "intent to immigrate" alone cannot deport or deny a wife of a US citizen (very interesting). An appeal case would generally cost $2,000, which isn't too bad considering a plane ticket costs $2,000 these days.

Has anyone gone through what I am going through now?? What was the result, and consequence if you were denied?

Any advice is greatly appreciated.

Thank you.

[Dakine 26]

From what I've seen it would be best for you to do a spouse visa and forget about trying to adjust status.

If it were that easy everyone would be doing it!

[Heliosphan 1]

Not sure how it works, I can't tell you yay or nay personally. But there are a few people that do it and get through, it depends on how much risk you're willing to take. The sure fire way to do it is to go through the K1 visa (or K3 now that you're married).

Edited June 11, 2008 by Heliosphan

[maztec 0]

You can take care of this at the Notice of Intent to Deny stage - since they should tell you about this before denying it. A good attorney should be able to get it through, no matter what.

If you are here and want to stay here - just do it.

They could just as easily claim fraud at the Consulate and refuse to let you return - I have seen that happen and getting it cleared up with a consulate is not pretty. CIS sucks, but Consulates suck more.

[christera22 8]

Of course you can do it and file for AOS, AP & EAD.BUt thing is whether the intent was to marry when entered.This is obviously true .But its always true on how you show it to be.The reasoning is based on a thinline.So my hubby and me met online....he came here after a year on a B1/B2 visa to visit me and to visit some fairs here.2ndtime he came to publish my book & attend some fairs ................we were originally getting ready for K1 but then we decided we cannot stay away any more and thus decided to marry and file a AOS, when a friend informed us of the process of applying styaing here.

Thus as the intention matters you have to show whats the truth of the story with some evidences that there was intention of returning home and this happened suddenly and not with any prior intention.Also they need to see how you have have intermingled ur lives together.

I am saying all these from my knowledge of research .We wd soon be applying for AOS.Thr are more knowledgable senior members here who can help u more with their advices.

Take Care

[christera22 8]

U shd ideally ask some very senior members here (e.g. Pushbrk, Carlawarla, athenany etc ) to advice at ur post !!

[LaL 418]

Hello All,

I have been told that marrying a nonimmigrant with a B2 visa is considered fraud if your partner had intent to marry and immgrate. However, this is such a big grey area because how do you determine "intent?" In my case, I went to go see my fiance in her country, and then a few days later, came back together to the US and got married a week later in the US. Several lawyers told me becuase we didn't wait 3 months after my partner entered the US to get married, that we can't file for AOS I-485. However, I have a family friend who is an IO, and that IO told me for US Citizens, they'll let it pass. One lawyer told me from all his previous experience, we have a 90 - 95% success rate if my wife filed for I-485. I was also told that if the case gets denied, that I have the right to appeal. If I appeal, I have basically a 100% chance of winning because it is said that "intent to immigrate" alone cannot deport or deny a wife of a US citizen (very interesting). An appeal case would generally cost $2,000, which isn't too bad considering a plane ticket costs $2,000 these days.

Has anyone gone through what I am going through now?? What was the result, and consequence if you were denied?

Any advice is greatly appreciated.

Thank you.

My understanding of this visitor----> adjustee process is you do not have a right to appeal. The 3 month rule is garbage as well. Sounds like several of the lawyers you contacted are mistaken on a few things.

What was your reason for your fiancee's (at the time) entrance to the US?

[Carlawarla 1]

Hello All,

I have been told that marrying a nonimmigrant with a B2 visa is considered fraud if your partner had intent to marry and immgrate. However, this is such a big grey area because how do you determine "intent?" In my case, I went to go see my fiance in her country, and then a few days later, came back together to the US and got married a week later in the US. Several lawyers told me becuase we didn't wait 3 months after my partner entered the US to get married, that we can't file for AOS I-485. However, I have a family friend who is an IO, and that IO told me for US Citizens, they'll let it pass. One lawyer told me from all his previous experience, we have a 90 - 95% success rate if my wife filed for I-485. I was also told that if the case gets denied, that I have the right to appeal. If I appeal, I have basically a 100% chance of winning because it is said that "intent to immigrate" alone cannot deport or deny a wife of a US citizen (very interesting). An appeal case would generally cost $2,000, which isn't too bad considering a plane ticket costs $2,000 these days.

Has anyone gone through what I am going through now?? What was the result, and consequence if you were denied?

Any advice is greatly appreciated.

Thank you.

This is what the "intent" is all about. What was your intention when you both arrived here from your fiances country? To have her visit for awhile and then return to her own country and then apply for a visa? When you both entered the US, was it to get married and have her adjust while she was here?

I've heard mention from a few people about the 60 day wait, or something in that regard, however I've never seen anything written on this issue. What was your reason for marrying so quickly once you came back to the US? That might be what they question. Does your fiance have ties to her home country? Was she still working? Did she have a residence? Was she expected back? If she left many loose ends in her home country, I would suspect that this will bode well for you as in not looking like this was planned and more spur of the moment.

It's never a problem to get married during a visit, the question is, did you get married during a visit in an attempt to circumvet the K visa immigration process. If you're at all unsure she can always return to her country and apply for a CR1 or K3 visa for married couples. This will however mean that you'll be apart during the process.

What they're going to be looking for, is evidence that you had "intent" to have her stay in the US after marriage. Look at the above and see what evidence you have to the contrary when making a decision to apply for AOS. Then, if you think you do have evidence, then apply. Forget about the "3 month" information, and get that paperwork together.

[Kathryn41 3,205]

There are a number of options available. It is not illegal to enter the US with the intent to marry. It is illegal to enter the US with the intent to marry and remain. That is where the crux of this matter lies. While you intended to marry when you came back it doesn't seem that the intent was to evade immigration processes, rather it was lack of awareness of the immigration process until after the fact. The 3 month rule isn't hard and fast - it just indicates a greater likelihood of no intent upon entry of marriage. You may be able to make an argument that there was no intent to commit visa fraud, (although USCIS may also state that ignorance of the law is no excuse). It isn't an excuse, but it is a reason that you might be able to use.

You can choose to have the non-US spouse leave the country and have the US spouse file for either an CR-1 or a K-3 visa which would be processed outside of the country in the non-US spouse's homeland. That would be the obvious legal way.

You could file for the AOS while your wife is here in the US and take the risk that at an interview they may indeed decide that your wife entered the US with the intent to marry and stay at the time. The lawyer is right in that there are a great many individuals who enter on a visitor's visa, get married and adjust successfully. I am not sure that the lawyer is correct about the right to appeal. I believe, although I may be wrong, that a denial for an adjustment from a visitor status cannot be appealed, that the individual must leave the country and pursue a spousal visa. Someone else here may be more aware of the regulations. That being said, I do know of cases personally where someone entered the US, got married within the week and adjusted successfully. It would be interesting to check into the legislation itself to see what exactly is written about adjusting status from a visitor's visa with intent. The information from your friend who is an IO is certainly relevant.

Regardless of what you do, don't lie to immigration authorities - the repercussions for that are much, much greater than getting the AOS initially denied.

Good luck, and in the meantime I will see if I can track down anything more specific about your statement: "it is said that "intent to immigrate" alone cannot deport or deny a wife of a US citizen (very interesting)."

Hopefully, someone else with a little more knowledge about this type of situation will respond.

Edited June 12, 2008 by Kathryn41

[pushbrk 12,606]

Hello All,

I have been told that marrying a nonimmigrant with a B2 visa is considered fraud if your partner had intent to marry and immgrate. However, this is such a big grey area because how do you determine "intent?" In my case, I went to go see my fiance in her country, and then a few days later, came back together to the US and got married a week later in the US. Several lawyers told me becuase we didn't wait 3 months after my partner entered the US to get married, that we can't file for AOS I-485. However, I have a family friend who is an IO, and that IO told me for US Citizens, they'll let it pass. One lawyer told me from all his previous experience, we have a 90 - 95% success rate if my wife filed for I-485. I was also told that if the case gets denied, that I have the right to appeal. If I appeal, I have basically a 100% chance of winning because it is said that "intent to immigrate" alone cannot deport or deny a wife of a US citizen (very interesting). An appeal case would generally cost $2,000, which isn't too bad considering a plane ticket costs $2,000 these days.

Has anyone gone through what I am going through now?? What was the result, and consequence if you were denied?

Any advice is greatly appreciated.

Thank you.

Your success or failure will hinge on the facts. Spur of the moment marriages tend to succeed. Intent at entry is the devil's detail.

I've heard of attorney's and others referring to some unspoken "60 day rule" but never a 90 day rule. Of course, there is no such rule in the law. There may be some rule of thumb used internally, to not challenge the case on immigration intent at US entry when sixty days passes between entry and marriage.

It's against VJ terms of service for members to encourage any illegal activity or visa fraud. If your spouse came to the US with the intent to marry and adjust status based on that marriage, then they would be well advised to leave the USA before their I-94 expires. Go through the appropriate spouse visa and immigration process.

This group doesn't exist to help people get away with circumventing US immigration law.

[Cécy 44]

You need to give us a bit more information.

What was the reason why you came back to the US, and what made you decide to get married so quickly?

If you both came without the intent to get married and have her stay in the US and apply for AOS, then you should apply.

If you did it to skip the other part of the process that might be more difficult.

The IO rarely raise the issue at interviews, but in case it is good to have some proof of ties back to your home country (as mentioned in previous answers)

[Dakine 26]

Since she has a B2 and she can visit the US. I wouldn't take a chance on adjusting status. I'd go ahead and go for a CR-1.

Edited June 12, 2008 by Haole

[tdegrenier 1]

My wife and I got married in the US while she was visiting on a B2 visa. We decided not to wait, went to Vegas and got married. Afterwards, we filed the AOS and she is an LPR now.

As long as you are able prove that the non-US citizen did not enter the US with the intent to stay permanantly, you are within the law.

[Mrs. BB 0]

Our situation with the B-2 and Adjustment of Status is a bit different.

My husband came in on a B-2 visa but we were already married when he came in the US. The intent was for him to help me and my daughter pack up and move out to Australia. BUT....then the ex husband popped back up and threw a monkey wrench into things. Even though I have full custody we had to go through the rigamarrow to show that it was okay that I move with her. That however ate up the savings, affected me getting rid of the house because that was just as the real estate market crashed and so we ended up having to stay.

We filed the I-130 and I-485 and now were just doing the waiting game.

But since they knew he was already married when they let him in we figure we should be okay. We also didn't make the final decision to file until about a month before his B-2 expired and filed it just under 2 weeks before it did.

[pushbrk 12,606]

Our situation with the B-2 and Adjustment of Status is a bit different.

My husband came in on a B-2 visa but we were already married when he came in the US. The intent was for him to help me and my daughter pack up and move out to Australia. BUT....then the ex husband popped back up and threw a monkey wrench into things. Even though I have full custody we had to go through the rigamarrow to show that it was okay that I move with her. That however ate up the savings, affected me getting rid of the house because that was just as the real estate market crashed and so we ended up having to stay.

We filed the I-130 and I-485 and now were just doing the waiting game.

But since they knew he was already married when they let him in we figure we should be okay. We also didn't make the final decision to file until about a month before his B-2 expired and filed it just under 2 weeks before it did.

Your case sounds like no problem but I hope you are referring to the expiration of his I-94, not his visa. One could have a visa that doesn't expire for ten year, while only having the I-94 grant a 90 day stay in the US.