spouse in usa on B2 visa

[kathykaur 0]

i am an american citizen who went to india in oct 2009 and married my indian spouse. i remained there with him until my mother passed away in the usa last week. he was granted an emergency visa for her funeral. his visa is from dec 29,2009 expiring mar 27,2010. upon arrival in the usa however, he was given a 6 months stay here until jun 29,2010. we then noticed that his visa type given is B2. we married again yesterday in the usa and now we need guidance as to how and what to file so that he can stay here as my spouse. someone said we could just file for a change of status since hes on a B2 and others say he must leave before his visa expires in march, others tell us he can stay for the 6 month period he was granted upon his usa arrival. please guide me as to what are our next steps in making him permanent here in the usa. thank you.

[mrs. wife! 3]

i am an american citizen who went to india in oct 2009 and married my indian spouse. i remained there with him until my mother passed away in the usa last week. he was granted an emergency visa for her funeral. his visa is from dec 29,2009 expiring mar 27,2010. upon arrival in the usa however, he was given a 6 months stay here until jun 29,2010. we then noticed that his visa type given is B2. we married again yesterday in the usa and now we need guidance as to how and what to file so that he can stay here as my spouse. someone said we could just file for a change of status since hes on a B2 and others say he must leave before his visa expires in march, others tell us he can stay for the 6 month period he was granted upon his usa arrival. please guide me as to what are our next steps in making him permanent here in the usa. thank you.

Go back home and apply for CR1. They gave him this visa for an emergency and you should not use it to adjust status.

Also, you didn't need to remarry in the states as you are already married in India.

Sorry about your mother!

[kathykaur 0]

Go back home and apply for CR1. They gave him this visa for an emergency and you should not use it to adjust status.

Also, you didn't need to remarry in the states as you are already married in India.

Sorry about your mother!

thank you very much. can u tell me what is a cr1 and where do i file it and with what documents and cost please?

[LaL 418]

was your marriage in india legally recognized?

Edited January 5, 2010 by LaL

[kathykaur 0]

was your marriage in india legally recognized?

yes it was

[mrs. wife! 3]

thank you very much. can u tell me what is a cr1 and where do i file it and with what documents and cost please?

Read the guide on this link: http://www.visajourney.com/forums/index.ph...page=i130guide1

There you will find what to do. CR1 is a visa that allows your wife to immigrate to the US. After entering the US she will receive the Green Card.

If your marriage is not legalized in India you can use your American marriage certificate.

[payxibka 10,045]

I'd be curious as to how you got a US marriage "license". On the application you must have indicated that you both were single when in fact it appears you both were legally married....

Edited January 5, 2010 by payxibka

[Bobby+Umit 161]

I'd be curious as to how you got a US marriage "license". On the application you must have indicated that you both were single when in fact it appears you both were legally married....

Concur.

Also - another question to ask - did the US embassy know you two were married in India prior to them giving this visa used to travel to the US?

It would seem to me that there might be some "misrepresentation" going on here perhaps, and that is not good.

A lawyer would be a good call here.

[mrs. wife! 3]

Concur.

Also - another question to ask - did the US embassy know you two were married in India prior to them giving this visa used to travel to the US?

It would seem to me that there might be some "misrepresentation" going on here perhaps, and that is not good.

A lawyer would be a good call here.

I have seen cases in Brazil that the American Embassy issues "emergency" visas to the spouse to attend a funeral or if someone of the spouse's side is very sick/terminal they would allow the person to go to the States and visit/say goodbye. Maybe that's why they only gave him 3 months stay.

You should go back to India and file CR1 if you still want to live in America.

I'm just concerned if you will face problems remarrying in the USA. Maybe someone could clarify it.

[raymaga 25]

I agree with previous posters that the fact that you married for the second time in the US may look suspicious. You will be asked why you got married again when you were already legally married.

I think you need to seek the advice of a good immigration attorney. Many of them will give a free (or significantly discounted) first consultation. We got 1/2 an hour for $100.00.

Good luck.

[john_and_marlene 162]

When was the decision made that you wanted to reside in the U.S.--before or after entry?

[sachinky 465]

I'm guessing the only reason the US embassy in India granted your husband an emergency tourist visa is because he is your husband. They wouldn't do that with a friend of yours. I'm not sure they would even do that with a fiance.

BAD, BAD, idea, in my opinion to try to adjust status from this emergency tourist visa which was granted as a privilege to your husband as a result of your mom's death. Could easily be seen as trying to circumvent immigration laws.

Now if you WERE legally married in India--why did you get "remarried" in the U.S.? How did you obtain a marriage license?

Something is off here.

Best to have your spouse leave at the end of his visa and file for a CR-1.

[kathykaur 0]

When was the decision made that you wanted to reside in the U.S.--before or after entry?

i was just going to remain with him in india until i got word of my mothers death. it wasnt until arriving back to the usa that i felt the need to try to work it out to stay here for the rest of my family.

[kathykaur 0]

I'm guessing the only reason the US embassy in India granted your husband an emergency tourist visa is because he is your husband. They wouldn't do that with a friend of yours. I'm not sure they would even do that with a fiance.

BAD, BAD, idea, in my opinion to try to adjust status from this emergency tourist visa which was granted as a privilege to your husband as a result of your mom's death. Could easily be seen as trying to circumvent immigration laws.

Now if you WERE legally married in India--why did you get "remarried" in the U.S.? How did you obtain a marriage license?

Something is off here.

Best to have your spouse leave at the end of his visa and file for a CR-1.

yes, our marriage was legal in india but i was told that we also needed a usa marriage certificate too. i even showed them our legal marriage docs at the courthouse before they married us.

[sachinky 465]

Who told you that you needed a US marriage certificate too? A lawyer?

Like I said, your safest option would be to have your husband wait out his visa in the U.S. and file a I-130 for a CR-1. You might even have the NOA2 by the time your husband leaves. Your husband can wait the rest of processing time out in India.

Adjusting from a tourist visa is always risky, especially if the entry was after marriage. Doing so in your case would signal an attempt to circumvent immigration law. You can't appeal a denied AOS from a tourist visa.

Good luck.

Edited January 6, 2010 by sachinky