Under B-2 visa - Changing Status or Filing Fiancee visa

[Zephy 0]

Hi,

I have been granted a B-2 tourist visa which is multi-entry and valid for 1 year. I am planning 2 trips to the US, one is in July and the other is in Oct, and then going back home - Vietnam - in December. However, my boyfriend, a US citizen, and I think that we will get married eventually. We want to stay together in the US next year and onward. That would mean we need to find a way for me to stay and work legally in the US. We have learnt (i)that the fiancee visa is for those who are not in the US and intent to come to the US to get married (ii)that while being in the US under B-2 visa, one can be able to change the status (marriage) and get a green card. As I have a B-2 visa already, I was wondering if (and when) my boyfriend and I should file the fiancé visa or change the status when I am there. On the one hand, it seems to me that changing status option is not an ideal option because the B-2 visa's purpose is tourism. I suspect that US officers may not like the idea that someone travels to the US, marries a US citizen and stays there. They may reject our changing status application. On the other hand, if we file the fiancée application now, we worry that the immigration officers at the airport may not allow me to get into the country in July and Oct as a tourist because I have a fiancée visa filed. Much appreciated for any advices.

Thanks,

Zephy

[Yodrak 7]

Zephy,

I think that you or your boyfriend should consult with a US immigration attorney to discuss your circumstances and your plans. The attorney can help you analize the situation so that you can decide on the best course of action to meet your wants and needs. I would think that you should be able to find a good US attorney (not some immigration 'service') in Vietnam. If not I can suggest one in Bangkok, Thailand, who has done work in Vietnam as well. In the USA, your boyfriend can find an immigration attorney by looking in the phone book or the AILA web site.

Yodrak

Hi,

I have been granted a B-2 tourist visa which is multi-entry and valid for 1 year. I am planning 2 trips to the US, one is in July and the other is in Oct, and then going back home - Vietnam - in December. However, my boyfriend, a US citizen, and I think that we will get married eventually. We want to stay together in the US next year and onward. That would mean we need to find a way for me to stay and work legally in the US. We have learnt (i)that the fiancee visa is for those who are not in the US and intent to come to the US to get married (ii)that while being in the US under B-2 visa, one can be able to change the status (marriage) and get a green card. As I have a B-2 visa already, I was wondering if (and when) my boyfriend and I should file the fiancé visa or change the status when I am there. On the one hand, it seems to me that changing status option is not an ideal option because the B-2 visa's purpose is tourism. I suspect that US officers may not like the idea that someone travels to the US, marries a US citizen and stays there. They may reject our changing status application. On the other hand, if we file the fiancée application now, we worry that the immigration officers at the airport may not allow me to get into the country in July and Oct as a tourist because I have a fiancée visa filed. Much appreciated for any advices.

Thanks,

Zephy

[Zephy 0]

Hi Yodrak

Thanks for your advices. My boyfriend is working on it.

Zephy

[sjoefl01 1]

You have obviously done your homework before you made this post. Everything you say is true. The K1 will put your travel at risk and the marry and adjust is not the intent of the B2 visa. I don't think a lawyer can change those facts but may make you feel comfortable with the decision you make.

You have taken the most important first step already, which is to teach yourself about this system. Many people just throw their cases at somebody else and trust them to " handle it ". You should be commended for taking some responsiblity of your own.