under B-2 visa - filing fiance visa or adjusting status

[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

[arwensun1965 1]

I suspect that US officers may not like the idea that someone travels to the US, marries a US citizen and stays there.

you are correct in your way of thinking.

You and your SO should consider the fiance/e visa, maybe on your first visit you could fill everything out and then send it off with all the relevent paperwork. The guides on this site are really great for helping to figure it all out.

Good luck with whatever you decide to do.

Janice

[Kajikit 65]

You're right... they wouldn't look kindly on it. Since you have definite plans to go to the US in July I'd wait until after that to file for the fiance visa - afaik they'll most likely cancel your tourist visa when they get the application for the K1 because you can only have one visa at a time.

[Zephy 0]

Hi,

Thanks for the advices. Is there anyone in this forum in the same situation where your tourist visa is cancelled and/or are deported because you are filing the fiance visa?

Thanks,

Zephy

[arwensun1965 1]

they'll most likely cancel your tourist visa when they get the application for the K1 because you can only have one visa at a time.

I have a B2 visa and that has not been cancelled, so no I do not think your visa will be revoked.

Janice

[zyggy 9]

they'll most likely cancel your tourist visa when they get the application for the K1 because you can only have one visa at a time.

I have a B2 visa and that has not been cancelled, so no I do not think your visa will be revoked.

Janice

You can only have 1 visa at a time... the B visa will be cancelled once the K visa is issued.. You can continue to use the B visa until that point. But know that your entry to the US is at the discretion of the officer. The existance of a K visa petition puts the USCIS on notice of your intent to immigrate to the US in the future. You may be asked to prove your intent at the time of that entry and could be refused entry at that time.

However, please know that it is considered visa fraud to adjust your status if you have immigrant intent at the time of your entry. If you are planning on continuing to come back to the US and travelling back and forth, you should apply for the fiancee visa.