Wedding in the US on a B1/B2 visa, leave the US after the wedding

[sway29 0]

Hi everyone! I'm new here and I've been reading all your posts ever since I got engaged. Anyway to make the long story short let me give a background of myself and my fiance first.

I am currently living here in Jeddah, Saudi Arabia and working as a flight attendant which allows me to go to the US every month to operate our Saudi-New York flights. I am holding a "D" Crew Visa which I use whenever I fly as an operating crew and also a B1/B2 visa whenever I fly in on my vacation.

I got those visa even before I met my fiance two years ago and we recently got engaged and decided to marry this year. My fiance is an american citizen who I met through his cousin who happens to be a friend and former colleague and I am a Filipina.

Now these are my concerns:

1) We are planning to get married civilly in the US sometime in second or third quarter of this year (2009). Is it legal for us to get married there on a B1/B2 visa?

Now since he will also benefit from my work as a cabin crew, we decided that maybe I should stay here until after we have our church wedding in the Philippines on 2010. What shall we do about this? What is the proper way to go about this? After our wedding in the Philippines, we plan on being together for good.

2) Will it be appropriate for us not to declare our status yet since we are not filing for a petition?

3) If he does petition me, will my B1/B2 and Crew "D" visa be revoked? and where will I wait while he petition me? In my home country, Philippines or here in Saudi Arabia? My work is here hence I don't go home anymore as often as I can making it inconvenient for me to wait for the petition in the Philippines.

4) When is the best time for him to petition me and where?

5) Can I go to US after I resigned from here using my tourist visa and then apply for adjustment of status since we are already married or he still needs to petition me?

6) What about the option of getting a K3 visa? We don't wanna go through the conditional status because we want to go straight to permanent residence.

7) Even after us marrying each other in the US, can I leave after and go back and forth anytime I want to using my D or tourist visa? Will it have any bearing at all when we file for the petition?

Thank you so much for all the help and concerns. Looking forward to hearing from all of you.

[YuAndDan 153]

1) YES it is perfectly legal to marry in the USA when on a visitor's visa, HOWEVER if POE suspects intent on entry is to marry and stay they may prevent entry.

Yes this is a way to do this so that you can file for an immigrant visa.

2) Not quite sure what you mean? Declare status to who?

3) Nether visa will be revoked while an immigrant visa petition is in process.

4) After marriage, and in the USA.

5) NO Use for tourist visa to immigrate is visa fraud, DO NOT DO IT.

6) In ether case K-3 or CR-1 visa you will be a conditional resident, you need to be married for more than 2 years BEFORE getting green-card to avoid conditional status. (CONSIDER NOT filing for a K-3 and just filing for CR-1, the CR-1 allows work on entry, the K-3 DOES NOT. CR-1 gets green-card on entry, K-3 needs to file for AOS to get green-card, AOS can take months to years to complete)

7) Yes you can continue using your tourist visa.

If considering K-3, Consider the CR-1.

For the most part CR-1 tends to take a bit longer than K-3 to get if you prepare for NVC when they request I-864 fee, and Visa fee, as well as documents requested by NVC. In many cases the CR-1 petition reaches the consulate just before K-3 interview, which causes K-3 to get dropped and the interview becomes a CR-1 visa interview.

K-3:

I-130: $355

I-129F: NONE

Consulate: $131

Adjustment Of Status: $1010 I-485

($1496)

CR-1

I-130: $355

NVC I-864: $70

NVC Visa fee: $400 ($355+$45)

($825)

I see many posts from K-3 holders stating, "Wow this sucks, I am stuck at home because I don't have EAD, DL, etc, or I am having hard time getting added to bank accounts because of NO SSN." K-3 has a 90 day or longer period of limbo while waiting for EAD or Green-card.

K-3 was developed at a time when CR-1 was taking much longer that today, NVC has greatly streamlined the CR-1 process to the point where K-3 becomes irrelevant.

Keep this in mind in this economy, the CR-1 with it's instant green-card looks very attractive considering the cost savings, and the ability of the immigrant being able to take a job shortly after entry to the USA. K-3 has the down-side of added cost, and NOT being able to legitimately take a job until they have EAD or green-card, EAD can take 90 days or longer to get.

[sway29 0]

Wow thank you so much! You pretty much covered the whole thing. I'm quite enlightened. Thanks.

Just some more things.

So you are suggesting we file for CR1? What is a CR1?

If we are getting married this May 2009 in the US, then church wedding in the Philippines in Octoberr 2010 and resign after that so we can be together in the US by November or December 2010, when do you think we should start with the petition process or apply for CR1?

thank you so much. appreciate it.

1) YES it is perfectly legal to marry in the USA when on a visitor's visa, HOWEVER if POE suspects intent on entry is to marry and stay they may prevent entry.

Yes this is a way to do this so that you can file for an immigrant visa.

2) Not quite sure what you mean? Declare status to who?

3) Nether visa will be revoked while an immigrant visa petition is in process.

4) After marriage, and in the USA.

5) NO Use for tourist visa to immigrate is visa fraud, DO NOT DO IT.

6) In ether case K-3 or CR-1 visa you will be a conditional resident, you need to be married for more than 2 years BEFORE getting green-card to avoid conditional status. (CONSIDER NOT filing for a K-3 and just filing for CR-1, the CR-1 allows work on entry, the K-3 DOES NOT. CR-1 gets green-card on entry, K-3 needs to file for AOS to get green-card, AOS can take months to years to complete)

7) Yes you can continue using your tourist visa.

If considering K-3, Consider the CR-1.

For the most part CR-1 tends to take a bit longer than K-3 to get if you prepare for NVC when they request I-864 fee, and Visa fee, as well as documents requested by NVC. In many cases the CR-1 petition reaches the consulate just before K-3 interview, which causes K-3 to get dropped and the interview becomes a CR-1 visa interview.

K-3:

I-130: $355

I-129F: NONE

Consulate: $131

Adjustment Of Status: $1010 I-485

($1496)

CR-1

I-130: $355

NVC I-864: $70

NVC Visa fee: $400 ($355+$45)

($825)

I see many posts from K-3 holders stating, "Wow this sucks, I am stuck at home because I don't have EAD, DL, etc, or I am having hard time getting added to bank accounts because of NO SSN." K-3 has a 90 day or longer period of limbo while waiting for EAD or Green-card.

K-3 was developed at a time when CR-1 was taking much longer that today, NVC has greatly streamlined the CR-1 process to the point where K-3 becomes irrelevant.

Keep this in mind in this economy, the CR-1 with it's instant green-card looks very attractive considering the cost savings, and the ability of the immigrant being able to take a job shortly after entry to the USA. K-3 has the down-side of added cost, and NOT being able to legitimately take a job until they have EAD or green-card, EAD can take 90 days or longer to get.

[YuAndDan 153]

Wow thank you so much! You pretty much covered the whole thing. I'm quite enlightened. Thanks.

Just some more things.

So you are suggesting we file for CR1? What is a CR1?

If we are getting married this May 2009 in the US, then church wedding in the Philippines in Octoberr 2010 and resign after that so we can be together in the US by November or December 2010, when do you think we should start with the petition process or apply for CR1?

thank you so much. appreciate it.

CR-1 is a TRUE Immigrant visa, you just file I-130 and DO NOT file I-129F.

Start here: http://www.visajourney.com/forums/index.ph...page=i130guide1