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Entering US to marry on B1/B2 visa

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I've read in a few forums that it's considered fraudulent to enter the US on a B1/B2 visa to marry a USC.

However, since I'm leaving the US a few days or a week after the marriage and return to Canada, will it be ok (i.e., not fraudulent)? We intend to go through the K3 route after the wedding.

Will my marrying in the US on a B1/B2 visa be an issue during the K3 interview?

Thanks.

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Filed: AOS (apr) Country: Philippines
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not fraudulent to enter to marry.... what is not allowed is to enter on a B1/2 with the INTENT to STAY permanently (after the marriage)

marriage in the US in no way will be an issue for an appropriate spousal visa later

Edited by payxibka

YMMV

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not fraudulent to enter to marry.... what is not allowed is to enter on a B1/2 with the INTENT to STAY permanently (after the marriage)

marriage in the US in no way will be an issue for an appropriate spousal visa later

ahh, ok. thank you.

Another question, instead of creating a new post.

Will my B1/B2 visa still be valid after processing of the I-130 and K3 visa begins? Do people get denied entry to the US if there's an I-130/K3 visa filed?

We would like to be able to visit each other while we're waiting for the papers.

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Filed: AOS (apr) Country: Philippines
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entry requirements remain the same... if the border officer is not convinced that you will leave after your authorized stay, then you can be denied entry. This happens whether or not any active petiitons are on file with the USCIS.

YMMV

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Filed: AOS (apr) Country: Russia
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Go for it. You can marry while you are here on your Tourist/Business visa. You just have to go home by the time the stamp on your I-94 expires and then you can file for the appropriate visa. Good luck.

K-1,VSC, Moscow Consulate

I-129F sent:2009-06-04

NOA1: 2009-06-09

NOA2: 2009-09-16

NVC Received: 2009-09-17

NVC Left: 2009-09-22

Consulate Received: 2009-09-25

Medical: IOM, Moscow, 2009-12-07

Interview: 2009-12-08

Visa Received: 2009-12-14

Arrival to USA: 2010-01-15

Marriage: 2010-03-27

AOS, EAD, AP

CIS Office: Charleston, SC

Filed AOS Package: 2010-05-26

NOA: 2010-06-04

Bio Appt: 2010-07-09

AOS Transfer to CSC: 2010-06-30

EAD Card Production Order: 2010-08-04

AP Received: 2010-08-09

ROC

I-751 sent: 2012-7-11

NOA-1: 2012-8-1

Bio-Appointment: 2012-9-19

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Filed: Citizen (apr) Country: Canada
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Just to clarify, Canadians do not receive I-94s. As long as you return to Canada after you get married and your fiance applies for a spousal visa you should be fine.

“...Isn't it splendid to think of all the things there are to find out about? It just makes me feel glad to be alive--it's such an interesting world. It wouldn't be half so interesting if we knew all about everything, would it? There'd be no scope for imagination then, would there?”

. Lucy Maude Montgomery, Anne of Green Gables

5892822976_477b1a77f7_z.jpg

Another Member of the VJ Fluffy Kitty Posse!

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Filed: AOS (apr) Country: Russia
Timeline
not fraudulent to enter to marry.... what is not allowed is to enter on a B1/2 with the INTENT to STAY permanently (after the marriage)

marriage in the US in no way will be an issue for an appropriate spousal visa later

ahh, ok. thank you.

Another question, instead of creating a new post.

Will my B1/B2 visa still be valid after processing of the I-130 and K3 visa begins? Do people get denied entry to the US if there's an I-130/K3 visa filed?

We would like to be able to visit each other while we're waiting for the papers.

There is no solid answer to this question. Many people do visit during the processing of visas. But there is no guarantee that you will be admitted back into the U.S., petition or no petition. If you plan to visit while you have a pending petition you should come well prepared to the PoE with a lot of evidence to convince CBP that you will return back to your country. My S/O is coming to visit next Tues from Russia. She will have a letter from her employer stating she is expected back at a certain date, proof of ownership of her apartment and car, a copy of the I-129F package and our NoA1 receipt. Even with all this evidence I'm still a little worried. But, they can ask for this info for anyone (who is not a USC) arriving at a PoE. I have read in the forums of alot of people being able to spend time during processing but most of the success stories come from people who have been well prepared if questioned. I hope this helps you.

Just to clarify, Canadians do not receive I-94s. As long as you return to Canada after you get married and your fiance applies for a spousal visa you should be fine.

Whoops my bad, didn't look at the country.

K-1,VSC, Moscow Consulate

I-129F sent:2009-06-04

NOA1: 2009-06-09

NOA2: 2009-09-16

NVC Received: 2009-09-17

NVC Left: 2009-09-22

Consulate Received: 2009-09-25

Medical: IOM, Moscow, 2009-12-07

Interview: 2009-12-08

Visa Received: 2009-12-14

Arrival to USA: 2010-01-15

Marriage: 2010-03-27

AOS, EAD, AP

CIS Office: Charleston, SC

Filed AOS Package: 2010-05-26

NOA: 2010-06-04

Bio Appt: 2010-07-09

AOS Transfer to CSC: 2010-06-30

EAD Card Production Order: 2010-08-04

AP Received: 2010-08-09

ROC

I-751 sent: 2012-7-11

NOA-1: 2012-8-1

Bio-Appointment: 2012-9-19

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Filed: Citizen (apr) Country: Canada
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Yes, as Chris Janna mentioned, you should be prepared to show evidence of your ties to Canada when you enter the US. A letter from your employer about your expected date of return to work, a lease or mortgage, proof of ongoing financial liabilities (ie. utilities, phone, ISP, insurance, etc.) will all show that you have unfinished business in Canada to which you intend to return.

“...Isn't it splendid to think of all the things there are to find out about? It just makes me feel glad to be alive--it's such an interesting world. It wouldn't be half so interesting if we knew all about everything, would it? There'd be no scope for imagination then, would there?”

. Lucy Maude Montgomery, Anne of Green Gables

5892822976_477b1a77f7_z.jpg

Another Member of the VJ Fluffy Kitty Posse!

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I've read in a few forums that it's considered fraudulent to enter the US on a B1/B2 visa to marry a USC.

However, since I'm leaving the US a few days or a week after the marriage and return to Canada, will it be ok (i.e., not fraudulent)? We intend to go through the K3 route after the wedding.

Will my marrying in the US on a B1/B2 visa be an issue during the K3 interview?

Thanks.

FYI K3s at this time are obsolete. Surf around here and you'll see why.

K1 denied, K3/K4, CR-1/CR-2, AOS, ROC, Adoption, US citizenship and dual citizenship

!! ALL PAU!

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Filed: Citizen (pnd) Country: Mexico
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I've read in a few forums that it's considered fraudulent to enter the US on a B1/B2 visa to marry a USC.

However, since I'm leaving the US a few days or a week after the marriage and return to Canada, will it be ok (i.e., not fraudulent)? We intend to go through the K3 route after the wedding.

Will my marrying in the US on a B1/B2 visa be an issue during the K3 interview?

Thanks.

FYI K3s at this time are obsolete. Surf around here and you'll see why.

Would you care to be more specific? Why do you say they are obsolete?

AOS Timeline (From H1-B)

09/27/2008 Sent AOS package (I-130/I-485)

09/28/2008 USPS delivered package

10/03/2008 NOA I-130, I-485

10/14/2008 Received Biometrics letter

10/16/2008 *TOUCH* I-130

10/17/2008 *TOUCH* I-130... The suspense!

10/25/2008 Biometrics appointment.. easy peasy!

10/27/2008 *TOUCH* I-485

12/29/2008 Interview Notice Date

03/02/2009 AOS interview.. Approved!

03/06/2009 Welcome letter received today! (Letter is postmarked March 4th)

01/05/2011 Applied for removal of conditions (I-751)

01/07/2011 USPS delivered package

05/19/2011 I-751 approved

10/15/2012 Applied for Naturalization (N-400)

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Filed: AOS (apr) Country: Philippines
Timeline
I've read in a few forums that it's considered fraudulent to enter the US on a B1/B2 visa to marry a USC.

However, since I'm leaving the US a few days or a week after the marriage and return to Canada, will it be ok (i.e., not fraudulent)? We intend to go through the K3 route after the wedding.

Will my marrying in the US on a B1/B2 visa be an issue during the K3 interview?

Thanks.

FYI K3s at this time are obsolete. Surf around here and you'll see why.

Would you care to be more specific? Why do you say they are obsolete?

It is NOT obsolete... but the advantages that were once there are now greatly diminished.

K-3's were developed at a time when the I-130's were taking years to approve. Nowadays it is not uncommon for the I-130/I-129f to be approved on the same day so the timing difference in most cases is all but diminished. K-3 is the end is a much more expensive route to a greencard than the CR/IR visa.

YMMV

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Filed: Citizen (pnd) Country: Mexico
Timeline
I've read in a few forums that it's considered fraudulent to enter the US on a B1/B2 visa to marry a USC.

However, since I'm leaving the US a few days or a week after the marriage and return to Canada, will it be ok (i.e., not fraudulent)? We intend to go through the K3 route after the wedding.

Will my marrying in the US on a B1/B2 visa be an issue during the K3 interview?

Thanks.

FYI K3s at this time are obsolete. Surf around here and you'll see why.

Would you care to be more specific? Why do you say they are obsolete?

It is NOT obsolete... but the advantages that were once there are now greatly diminished.

K-3's were developed at a time when the I-130's were taking years to approve. Nowadays it is not uncommon for the I-130/I-129f to be approved on the same day so the timing difference in most cases is all but diminished. K-3 is the end is a much more expensive route to a greencard than the CR/IR visa.

spasibo payxibka!

I have a friend who is in a similar situation as the original poster (getting married in the U.S on a tourist visa and then returning to his home country to apply for K3/CR-1) and your answers have been very useful.

AOS Timeline (From H1-B)

09/27/2008 Sent AOS package (I-130/I-485)

09/28/2008 USPS delivered package

10/03/2008 NOA I-130, I-485

10/14/2008 Received Biometrics letter

10/16/2008 *TOUCH* I-130

10/17/2008 *TOUCH* I-130... The suspense!

10/25/2008 Biometrics appointment.. easy peasy!

10/27/2008 *TOUCH* I-485

12/29/2008 Interview Notice Date

03/02/2009 AOS interview.. Approved!

03/06/2009 Welcome letter received today! (Letter is postmarked March 4th)

01/05/2011 Applied for removal of conditions (I-751)

01/07/2011 USPS delivered package

05/19/2011 I-751 approved

10/15/2012 Applied for Naturalization (N-400)

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