Married under B1/B2 Tourist visa

[mxrado 0]

Hi.

I find the information in this forum very helpful! I met my fiancee while working with an internship as a J-1 Visa holder. We fell in love and decided to marry until next year. However we got pregnant before and because of our families we decided to rush the wedding. My J-1 visa expired in october 2009 and I came back to Mexico. I am a B1/B2 Visa (Border Crossing Card) since 2001 and it expires in 2011.

I have read that I can get married under B1/B2 and then apply for an AOS. I have my I-94 in order and it expires in September 2010. We are gettin married in April 24th.

However, I wonder if I will have problems getting back to the U.S. since our honeymoon will be in Cancun, MX in May 8th thru May 15th, since I will depart from Dallas, TX airport and the ticket is to return through Dallas again. I have my I-94 but I suppose I have to surrender it at the airport before I leave the U.S., and then after we come back, I will have to get a new I-94. I will be already married, but no AOS application sent or anything.

Will this cause me any problems to get back to the U.S.? I have proof of that I have reason to get back to Mexico. I have a business there that I can control from the U.S., and my bank accounts are quite healthy. Besides, I was studying master's degree back in Mexico and still have letters to prove that. Do I need to take all that to my trip to Cancun, and in the port of entry just exclude the comment that I am married already with a U.S. citizen?

Also, will this I-94 cause me any problems when applying for AOS, with a date of entry after getting married?

Thanks in advance!

Alan Reyes.

[Bobby+Umit 161]

Hi.

I find the information in this forum very helpful! I met my fiancee while working with an internship as a J-1 Visa holder. We fell in love and decided to marry until next year. However we got pregnant before and because of our families we decided to rush the wedding. My J-1 visa expired in october 2009 and I came back to Mexico. I am a B1/B2 Visa (Border Crossing Card) since 2001 and it expires in 2011.

I have read that I can get married under B1/B2 and then apply for an AOS. I have my I-94 in order and it expires in September 2010. We are gettin married in April 24th.

Where are you now? In Mexico or the US? If your in the US, no issues, if your still in Mexico - you have an issue, as expounded next;

However, I wonder if I will have problems getting back to the U.S. since our honeymoon will be in Cancun, MX in May 8th thru May 15th, since I will depart from Dallas, TX airport and the ticket is to return through Dallas again. I have my I-94 but I suppose I have to surrender it at the airport before I leave the U.S., and then after we come back, I will have to get a new I-94. I will be already married, but no AOS application sent or anything.

This would be a red flag - you know you are coming to the US to AOS on a visitors visa, so your trying to circumvent immigration law, which your not suppose to do. They may stop you from re-entering the US.

Will this cause me any problems to get back to the U.S.? I have proof of that I have reason to get back to Mexico. I have a business there that I can control from the U.S., and my bank accounts are quite healthy. Besides, I was studying master's degree back in Mexico and still have letters to prove that. Do I need to take all that to my trip to Cancun, and in the port of entry just exclude the comment that I am married already with a U.S. citizen?

Not a good idea - you may have to misrepresent yourself at the POE, and that would end in tears.

Also, will this I-94 cause me any problems when applying for AOS, with a date of entry after getting married?

It might - depends on what is said at the POE.

Thanks in advance!

Alan Reyes.

If you are in the US right now, get married, file for the AOS and AP, once you get the AP, go on the honeymoon and enjoy. To do anything else could jeopardize your AOS attempt.

[mxrado 0]

I think I posted in the wrong sectio... hehe sorry!

Well, I am in the U.S. and I will get married there. So do you think I should cancel my honeymoon trip? Hotel and airplane tickets have already been paid.

We would depart from Dallas, I don't think I would have a problem to re-enter the country. My concern is when I file the AOS with a post wedding I-94.

or would the CBP officers know I am married in the U.S.?

If it will represent a problem to file the AOS in the future, I guess it's worth just to cancel the trip. Even though I have invested like $1000 in hotel and airplane tickets

[belinda63 3,052]

you can marry in the us, you can immigrate to the us, you cannot come to the us without the proper visa to immigrate.

Since you are already here, get married, file AOS, you can't leave until you receive AP. If you marry, go out of the country for the honeymoon, then come back to the US with intent to file for AOS (immigrate with a non-immigrate visa) you might be subject to anywhere from no penalty up to a permanent ban from the US for misrepresentation.

[Bobby+Umit 161]

I think I posted in the wrong sectio... hehe sorry!

Well, I am in the U.S. and I will get married there. So do you think I should cancel my honeymoon trip? Hotel and airplane tickets have already been paid.

We would depart from Dallas, I don't think I would have a problem to re-enter the country. My concern is when I file the AOS with a post wedding I-94.

or would the CBP officers know I am married in the U.S.?

If it will represent a problem to file the AOS in the future, I guess it's worth just to cancel the trip. Even though I have invested like $1000 in hotel and airplane tickets

I would forgo the honeymoon (as in hold off) till the AOS is in process and the AP is in hand. (or greencard) - perhaps you can re-schedule the trip?

There is a chance that they might catch on to something - I usually try to err in the odds being in my favor - I don't gamble, I am kind of boring that way - your choice.

The biggest problem is that your not really allowed to enter the US on a visitors visa to immigrate - and that is against immigration law, which the board frowns on - and your planning on doing that....

BTW - is that your real name you posted with?