Marrying a US Citizen on B2

[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.

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.

Whoops. Yep, I meant the I-94. My bad.

Visa on the brain 24/7 and it just pops out on occasion.

[Mrs. BB 0]

His B-2 was for 6 months and he came here on November 13th 2007 and we sent off the paperwork April 28, 2008. So it was pretty last minute. And living here in California its still so rough economically. It's frustrating because we'd rather be in Australia. But now he's had to basically let everything go over there to stay here. So... if we just took what little we have and left, we'd have nothing at all to start over with again. At least here....its just next to nothing.

[Stillness 0]

As lots of others have already said, the main issue with adjusting on a visitor visa is intent when you entered the country. I came to the US on a visitor visa and we have just been approved. Our lawyer prompted my husband to write a letter about how we met, circumstances of my initial visit, and to be clear about the fact that it was intended as a visit and nothing more. Getting married just a week after entering the US will tend to look suspicious, if however you can also present proof of your wife's connections to her home country that would certainly help.

At our interview no one questioned my intentions when I entered the country.

It is my understanding that on a visitor visa you do not have the right to appeal if your case is denied. If denied, your wife would have to return to her country and you would have to petition for a spousal visa for her to enter the country again.

[athena_ny 1]

Intent is the biggest issue, and right to appeal. Since it is so close to entry, it may be hard to prove intent, but I don't have details so I can't judge that.

That said, this forum was created to prevent misinformation when adjusting for other types of visas, so it makes me see red to see people providing the same misinformation they've always provided.

[EstebanTrabajos 7]

My only advice since it's too close to call,

Remember that money buys a good lawyer and good lawyer can resolve nearly anything in this country, ask OJ Simpson hehe

[Stillness 0]

That said, this forum was created to prevent misinformation when adjusting for other types of visas, so it makes me see red to see people providing the same misinformation they've always provided.

Please correct me if I pass along any incorrect information, as it certainly isn't my intent.

The whole issue tends to get fairly cloudy, and sadly even talking to professionals will yield different answers sometimes, which really struck me when we encountered it. How could one lawyer tell you one thing, and another something completely different? I know it baffled me. We went with a lawyer who seemed to know what she was talking about, and I haven't regretted hiring a lawyer for a moment.

The entire thing is really kind of frightening, especially the whole issue of legality. In my case by the time we got married and starting looking things up, I was already out of status by some time and being told "it's illegal for you to adjust, go home and do it right" was horrific, considering I would have then faced a ban on reentry had I left the US. The fact is that while falling out of status was stupid of me, and certainly I shouldn't have allowed that to happen, I did not enter the country illegally or under false pretenses. I intended to visit and go back home. That I stayed, fell in love, and got married was completely unexpected, but I've never been happier. My AOS is completely legal, no matter how much others might choose to frown on it, or others adjusting from similar visas.

So far as determining the intent issue, I think that can be very tricky, and vary a great deal depending on the situation. A good lawyer should be able to gauge the case and give some kind of recommendation. While I think it is certainly nice to be able to hear from other people in similar situations here, I would not presume to actually give anyone any kind of legal advice, save to see a lawyer. Still it can be helpful to hear about other's experiences with adjusting from a tourist visa. Maybe we should start a thread entirely for sharing experiences of adjustment from tourist/visitor visas, people do seem a little reluctant to talk about it in detail, myself included, and talking through things might help to clear up some of the common misconceptions people have. Just a thought.

Either way, best of luck to the original poster.

[athena_ny 1]

That said, this forum was created to prevent misinformation when adjusting for other types of visas, so it makes me see red to see people providing the same misinformation they've always provided.

Please correct me if I pass along any incorrect information, as it certainly isn't my intent.

The whole issue tends to get fairly cloudy, and sadly even talking to professionals will yield different answers sometimes, which really struck me when we encountered it. How could one lawyer tell you one thing, and another something completely different? I know it baffled me. We went with a lawyer who seemed to know what she was talking about, and I haven't regretted hiring a lawyer for a moment.

The entire thing is really kind of frightening, especially the whole issue of legality. In my case by the time we got married and starting looking things up, I was already out of status by some time and being told "it's illegal for you to adjust, go home and do it right" was horrific, considering I would have then faced a ban on reentry had I left the US. The fact is that while falling out of status was stupid of me, and certainly I shouldn't have allowed that to happen, I did not enter the country illegally or under false pretenses. I intended to visit and go back home. That I stayed, fell in love, and got married was completely unexpected, but I've never been happier. My AOS is completely legal, no matter how much others might choose to frown on it, or others adjusting from similar visas.

So far as determining the intent issue, I think that can be very tricky, and vary a great deal depending on the situation. A good lawyer should be able to gauge the case and give some kind of recommendation. While I think it is certainly nice to be able to hear from other people in similar situations here, I would not presume to actually give anyone any kind of legal advice, save to see a lawyer. Still it can be helpful to hear about other's experiences with adjusting from a tourist visa. Maybe we should start a thread entirely for sharing experiences of adjustment from tourist/visitor visas, people do seem a little reluctant to talk about it in detail, myself included, and talking through things might help to clear up some of the common misconceptions people have. Just a thought.

Either way, best of luck to the original poster.

[Larry08 0]

I'll just add another case to this list. My wife and I married in the Philippines 3 years ago. We came to the US last year with her tourist visa. We returned again this year for a visit and found that my Mom's medical condition had worsened to the point that she could no longer care for herself. We have now filed for AOS (I just got back from the post office). I don't think there will be any problem but I'll keep you advised. Larry

[anshan 0]

Hey,

New User here, joined to ask a few questions. My fiancee is visiting on a tourist Visa from the Philippines. We want to marry in order to be together, and file for an AOS. However, we are concerned about the ability we might have to do so.

Particularly in the regards of proving that she did not enter the States with the intent to Marry.

She is a Fulbright Scholar, and they're having a reunion currently. In addition to that, she just passed the bar back home in the Philippines, and is now a lawyer.

From personal experience, do you think it would be better for us to get married, and then file for an AOS, or for her to return to the Philippines, and file for a K-1 visa?

Please note that any if she were to remain here unlawfully, it would result in the loss of her status as a lawyer in the Philippines, that is another issue we are apprehensive about.

-Anshan

[rebeccajo 14]

Hey,

New User here, joined to ask a few questions. My fiancee is visiting on a tourist Visa from the Philippines. We want to marry in order to be together, and file for an AOS. However, we are concerned about the ability we might have to do so.

Particularly in the regards of proving that she did not enter the States with the intent to Marry.

She is a Fulbright Scholar, and they're having a reunion currently. In addition to that, she just passed the bar back home in the Philippines, and is now a lawyer.

From personal experience, do you think it would be better for us to get married, and then file for an AOS, or for her to return to the Philippines, and file for a K-1 visa?

Please note that any if she were to remain here unlawfully, it would result in the loss of her status as a lawyer in the Philippines, that is another issue we are apprehensive about.

-Anshan

Don't ask us. Ask a qualified immigration attorney with an experienced track record.

[EstebanTrabajos 7]

Hey,

New User here, joined to ask a few questions. My fiancee is visiting on a tourist Visa from the Philippines. We want to marry in order to be together, and file for an AOS. However, we are concerned about the ability we might have to do so.

Particularly in the regards of proving that she did not enter the States with the intent to Marry.

She is a Fulbright Scholar, and they're having a reunion currently. In addition to that, she just passed the bar back home in the Philippines, and is now a lawyer.

From personal experience, do you think it would be better for us to get married, and then file for an AOS, or for her to return to the Philippines, and file for a K-1 visa?

Please note that any if she were to remain here unlawfully, it would result in the loss of her status as a lawyer in the Philippines, that is another issue we are apprehensive about.

-Anshan

Don't ask us. Ask a qualified immigration attorney with an experienced track record.

Let me be a little bit more polite that the poster above since it seems that he/she doesn't give a rat's a$$ about other people's delicate situation.

Best advice is: ask us because maybe somebody has been through this already and can give you sensitive information AND ask an attorney who can give an extensive detailed review of your case and posibilities.

To the poster above: if you are going to start giving this kind of advice go back to the forum you normally post, VJ's intention is to help, in at least, a tiny bit if possible and be HELPFUL not just say the easiest thing that comes to mind like "ask an attorney, don't ask us", speak for yourself don't include us ok!

[EstebanTrabajos 7]

Hey,

New User here, joined to ask a few questions. My fiancee is visiting on a tourist Visa from the Philippines. We want to marry in order to be together, and file for an AOS. However, we are concerned about the ability we might have to do so.

Particularly in the regards of proving that she did not enter the States with the intent to Marry.

She is a Fulbright Scholar, and they're having a reunion currently. In addition to that, she just passed the bar back home in the Philippines, and is now a lawyer.

From personal experience, do you think it would be better for us to get married, and then file for an AOS, or for her to return to the Philippines, and file for a K-1 visa?

Please note that any if she were to remain here unlawfully, it would result in the loss of her status as a lawyer in the Philippines, that is another issue we are apprehensive about.

-Anshan

If her intentions when she entered the US were others than to stay permanently and get married and she is able to provide sufficient evidence about this (lease agreements, a permanent job in the Phil, active bank accounts, her passed bar exam etc...) she can start her AOS while being here. She won't be able to go back to the Phil though until she receives her Advance Parole (this normally takes 3 months) and she will not be illegally in the country since she is adjusting status and married to a US Citizen.

I've seen many stories of VJ members that entered w/a student, tourist and work visa and have succesfully adjusted status w/o the need to file for a fiancée's visa at their home countries. Me, for example, I didn't go back to Mexico since I was a student by the time and I already have my green card. Check this thorougly w/the guidelines and various related topics within this forum and also talking to a lawyer won't hurt at all. The expense take it as an investment

Good luck!