Entering on B1/B2 and getting married

[Bobby+Umit 161]

Hi!!!

my fiance and I are thinking about getting married here in the States, he is American, I am German....i am currently here on a B1 visa for school, he is pcsing to Germany (he is military) beginning of September while I will stay until beginning of December. we are planning on getting married July 3rd 2010...

now he might be deployed before I even get back to Germany and all our plans might not happen. for information's sake we were thinking about getting married before he has to deploy - I would still be here for about another 4-6 weeks on my visa and then return to Germany and we are gonna file for DCF before we have to go back to the US in 2011.

Is this legal?! i would think so because i am leaving the country again, right!? or could it lead to any kinds of problems later on during the DCF/visa process?!

thank you for the information!!!

No problems with getting married, then going to Germany to DCF. *you have to be married first to DCF*

Congrats

[V-G-1 1]

People get away with it because the burden falls on the United States to prove that the intent was not to be a tourist----a very hard thing to prove unless one goes into their office and says "Our intent was not to be a tourist"....Unless they fix that loophole, many a many people will be claiming touristic intents.

[Philosykos 0]

People get away with it because the burden falls on the United States to prove that the intent was not to be a tourist----a very hard thing to prove unless one goes into their office and says "Our intent was not to be a tourist"....Unless they fix that loophole, many a many people will be claiming touristic intents.

It doesn't sound like the intent question would play any role in this case -- given the OP intends to get married and then leave the country, in order to file for a spouse visa for her return. Anybody can legally get married on any kind of visa and leave.

[payxibka 10,047]

People get away with it because the burden falls on the United States to prove that the intent was not to be a tourist----a very hard thing to prove unless one goes into their office and says "Our intent was not to be a tourist"....Unless they fix that loophole, many a many people will be claiming touristic intents.

actually it is the other way around... the "intent" is ALWAYS presumed, and it is up to the applicant to prove otherwise if questioned...

Section 214(B ) is part of the Immigration and Nationality Act (INA). It states:

Every alien shall be presumed to be an immigrant until he establishes to the satisfaction of the consular officer, at the time of application for admission, that he is entitled to a nonimmigrant status...

http://travel.state.gov/visa/frvi/denials/denials_1361.html

Edited August 7, 2009 by payxibka

[Chica Yeyé 41]

People get away with it because the burden falls on the United States to prove that the intent was not to be a tourist----a very hard thing to prove unless one goes into their office and says "Our intent was not to be a tourist"....Unless they fix that loophole, many a many people will be claiming touristic intents.

Wrong. The burden of proof falls within the OP to prove lack of immigrant intent; NOT on the US government.

[KDOR 1]

WELL SOME PEOPLE DO IT AND GET AWAY WITH IT, I HAVE A FRIEND WHO STUDY IN RUSSIA AND WENT ON HOLIDAY TO VISIT IS UNCLE IN HOUSTON TEXAS AND ON A TRIP TO D.C HE MET A LADY WHO HE IS NOW MARRIED TO LAST JUNE AND HAS APPLIED FOR ADJUSTMENT OF STATUS BUT THE ISSUE IS HE MAY GET AWAY WITH IT AND HE MAY NOT. I GOT MARRIED AND BEFORE I DID I HAVE A CHANCE OF BRINGING MY HUBBY ON A TOURIST VISA FOR US TO GET MARRIED AND HIM TO RETURN TO HIS HOME COUNTRY OR MALAYSIA WHERE HE STUDYING BUT WE LOOKED AT THE OUR AFFECTION THAT IT WILL BE HARD FOR US TO GET SEPERATED AFTER OUR MARRIAGE AND WE ALSO THOUGHT OF A B1/B2 VISA TO ALLOW HIM DO THE AOS STUFF BUT WE DONT WANNA RISK THE BAN OF BEEN SEPERATED FOR 10 AFTER BEEN DENIED FOR TRYING TO EVADE THE US IMMIGRATION LAW SO I WENT TO MARRY HIM IN HIS COUNTRY AND WENT BACK TO U.S TO FILE OUR I130 AND THAT WAY EVEN IF WE ARE DENIED WE CAN REAPPLY OR APPEAL IF THE NEED BE AND THE 10 YRS BAN WILL NOT BE INVOLVE AND SINCE OUR MARRIAGE I HAVE MADE ONE TRIP TO SEE HIM AND I WILL BE THERE AGAIN NEXT MONTH UNTIL HE IS ABLE TO COME HOME PROBABLY NEXT YR COS WE ARE STILL EXPECTING OUR APPROVAL. WELL GOOD LUCK TO U ALL WHO RISK IT.