Filing options w/ b2 visa

[dancehallquana 5]

Question:

If your SO holds a B2 visa would it be possible to get married in the US and there be a simple AOS process or would u still need to get married in his/her country and pursue a cr-1 filing? Just trying to see if the visitor visa would change things in any way.. thanks

[payxibka 10,045]

Question:

If your SO holds a B2 visa would it be possible to get married in the US and there be a simple AOS process or would u still need to get married in his/her country and pursue a cr-1 filing? Just trying to see if the visitor visa would change things in any way.. thanks

If your intention upon entry into the USA is to utilize a tourist visa ( a non-immigrant visa ) in order to immigrate and thus use it to gain benefits for a purpose it is not designed for, would be considered fraudulent.

Edited July 1, 2008 by fwaguy

[dancehallquana 5]

Question:

If your SO holds a B2 visa would it be possible to get married in the US and there be a simple AOS process or would u still need to get married in his/her country and pursue a cr-1 filing? Just trying to see if the visitor visa would change things in any way.. thanks

If your intention upon entry into the USA is to utilize a tourist visa ( a non-immigrant visa ) in order to immigrate and thus use it to gain benefits for a purpose it is not designed for, would be considered fraudulent.

i understand, my scenario though is regarding someone that already holds a visitor visa. the intent was not to immigrate and they didn't meet their SO until after they have visited several times. (6 mths later) so it wouldn't be fraud.. i was just asking to see if 'legally" there was an alternative or is it a one way street.

thanks though...

[Sylvia_n_Joseph 3]

The fraud is entering the US with a visitors visa when you are intending to immigrate. If when you enter you say " I am just visiting" and you are really planning to stay and marry you are commiting fraud and could end up banned from staying.

[payxibka 10,045]

i understand, my scenario though is regarding someone that already holds a visitor visa. the intent was not to immigrate and they didn't meet their SO until after they have visited several times. (6 mths later) so it wouldn't be fraud.. i was just asking to see if 'legally" there was an alternative or is it a one way street.

thanks though...

Possesion of a visitor's visa is meaningless in this or any situation because a visa is only a document that gives a person permission to present themselves at the border crossing to request entry.

If the person who in your scenario was present in the USA today, then you would look back to what was there intent at the last entry in the USA. If it was to be a student then all would be good. The problem here is that the person in question is currently in Canada. Upon this person's next entry, the intent is to get married and STAY.....