Fiance - Unsure How to Proceed

[RollingStone 0]

My fiance is a USC. We are due to get married next year and had hoped that I could get sponsored to work in the US in the interim. This is looking less and less likely in view of me needing a sponsor. Since finding this site we have started to think that we should get married in the States in order to get the process started as soon as possible. Like everybody else, we are reluctant to be apart for the entire length of the application process.

The problem of not being able to work aside, we are trying to find ways to stay together in the States while going through the application process. I hold a B1/B2 Visa and when I enter the States I am usually given a stamp for 6 months.

1) I have read that it is permitted to enter the US on a B2 visa and get married rather than getting a K-1 fiancee visa. Is this correct?

2) I have also read that if you get an I-94 for more than 60 days you can do an adjustment of status after entering the US on a valid B2 visa. Is this correct or do you have to return to your home country after getting married?

3) We are due to leave the US for the holidays. Should we get married now and file the I-130 and hope that I can re-enter as a visitor in January or should we wait to file until I have re-entered as a visitor?

We do not want to do anything to jeopardize our future application so want to be fully informed before deciding what to do! Any advice would be appreciated.

Thanks in advance for your help!

Edited November 8, 2008 by sanfrantastico

[Otto 83]

We do not want to do anything to jeopardize our future application so want to be fully informed before deciding what to do! Any advice would be appreciated.

Then don't come to the US on a visitor's visa with the intent to marry and adjust status. Plain and simple - none of us want(ed) to wait - but thats the world we live in.

[pushbrk 13,069]

My fiance is a USC. We are due to get married next year and had hoped that I could get sponsored to work in the US in the interim. This is looking less and less likely in view of me needing a sponsor. Since finding this site we have started to think that we should get married in the States in order to get the process started as soon as possible. Like everybody else, we are reluctant to be apart for the entire length of the application process.

The problem of not being able to work aside, we are trying to find ways to stay together in the States while going through the application process. I hold a B1/B2 Visa and when I enter the States I am usually given a stamp for 6 months.

1) I have read that it is permitted to enter the US on a B2 visa and get married rather than getting a K-1 fiancee visa. Is this correct?

Yes

2) I have also read that if you get an I-94 for more than 60 days you can do an adjustment of status after entering the US on a valid B2 visa. Is this correct or do you have to return to your home country after getting married?

No, to attempt this would be fraud. You can marry and embark on a spouse visa process. Just don't overstay.

3) We are due to leave the US for the holidays. Should we get married now and file the I-130 and hope that I can re-enter as a visitor in January or should we wait to file until I have re-entered as a visitor?

There's no way to assure that you can re-enter. That's up to the CBP officer at the time.

We do not want to do anything to jeopardize our future application so want to be fully informed before deciding what to do! Any advice would be appreciated.

Thanks in advance for your help!

Then obey the law.

Edited November 8, 2008 by pushbrk

[unforgettable fire 2]

If you are already in the US I would say get married and adjust status (that is what myself and others on this site did successfully), however if you had the intention to immigrate when you entered that would be considered visa fraud. If you came here on vacation and the two of you decided to get married in the spur of the moment and adjust status it is ok to go ahead, but you will have to take into account the fact that if you wish to proceed with this route you won't be able to leave the U.S until your case has been resolved. Also bare in mind that you'll have to prove that you didn't intent to immigrate at the POE by showing proof of your ties to Ireland.

For what I'm ready it seems the better option would be to apply for a K-1 (fiance visa) and start the process from abroad. Since you are from Ireland obtaining a K-1 visa won't be so tough and therefore you won't be jeopardizing your chances to immigrate to the U.S.

GOOD LUCK ON YOUR JOURNEY!!!

Edited November 8, 2008 by unforgettable fire

[RollingStone 0]

I'll admit we were naive about this whole process but my fiance arrived in my country, had a visa within 6 weeks and stayed for over 5 years. It is now my turn to return the favour by living in his country. We had just assumed that the process to get set up here would not be that different. Obviously we were wrong. I have no intention of overstaying or disobeying the law. We are just trying to find out what our options are.

I appreciate your honest answers.

[Penguin_ie 5,996]

Just double checking: are you both in the USA at the moment? Because if you currently live in Ireland, and so does your husband (legally), then you could get married and get a spousal visa via DCF (direct with the embassy) in a few weeks, see my timeline. But this only works if you are both legally resident in Ireland.

[RollingStone 0]

Just double checking: are you both in the USA at the moment? Because if you currently live in Ireland, and so does your husband (legally), then you could get married and get a spousal visa via DCF (direct with the embassy) in a few weeks, see my timeline. But this only works if you are both legally resident in Ireland.

Unfortunately he gave up his job on the assumption that a move to the US would be easier so his last visa expired recently. Thank you though! I think we will just have to file and hope that I can visit during the processing time.