Marriage with B2 Visa and then get CR1??

[eb2568 0]

My girlfriend has a B2 tourist visa to the usa. We aer crazy for each other and want to get married soon. I have a multi-part question about this. Is she legally able to be married here with a B2 visa? Also, what happens with spouse visas such as the CR1. From what I understand the spouse must be overseas while this happens? If she already has a visa to come to the US can she stay here on her B2 visa while the procedures for CR1 happen? We are soon going to speak with a lawyer to help clarify our questions but any advice would be appreciated. I just dont want to be married and then have here leave the US while her CR1 is processing when she has a valid visa already! Thank you and good luck to everyone here.

[YuAndDan 153]

Yes can marry in the USA, and start filing for a spousal visa. Just dont overstay the period allowed on the visitor's visa.

This is a FAQ: http://www.visajourney.com/faq/k1k2visa-I129f.html#3.15 (Applies to spousal visas too)

[Brian&Mel 0]

My girlfriend has a B2 tourist visa to the usa. We aer crazy for each other and want to get married soon. I have a multi-part question about this. Is she legally able to be married here with a B2 visa? Also, what happens with spouse visas such as the CR1. From what I understand the spouse must be overseas while this happens? If she already has a visa to come to the US can she stay here on her B2 visa while the procedures for CR1 happen? We are soon going to speak with a lawyer to help clarify our questions but any advice would be appreciated. I just dont want to be married and then have here leave the US while her CR1 is processing when she has a valid visa already! Thank you and good luck to everyone here.

Your wife can visit you for six months while the IV is being processed. I visited my husband for 6 months while waiting for our IV to be processed and I leave USA just before my I-94 expired (timing was good as my interview was scheduled on I-94 expiration date).

Be careful with the term "staying", "living" and "visiting" as it bears different meanings. The CO said "So, you were living in the US for the last 6 months?" And I said "I was visiting." He smiled when I answered that. Same when we were coming back from the Mexican Riveria Cruise, the POE officer asked "Who are you living with in the state?" And I said, "I am visiting my husband for a month and I will be going back to Malaysia after that." The POE officer smiled too!

Good luck with your journey.

Edited October 26, 2008 by Brian&Mel

[Paul's Mrs. 0]

Yes. Be careful with the "living" and "visiting". We got in trouble with that and they took him to the back to question him. Also, we were in the exact same situation. We married while on the VW and then filed while he was still here. He did have to go back though to finish the processing and your girlfriend will have to go back for the interview. But stay out the visa in the meantime. Just don't stay over and be careful when filling out your paperwork.