OK to marry in US on a B2 visa before filing I-130

[Dan C. 18]

Hi everyone,

My fiancée is Mexican, and she holds a B2 tourist visa. She's from Tijuana; we are planning on going to San Diego and getting married there, since the paperwork is much less complicated than it would be to get married in Mexico, since I'm an American, from Philadelphia.

I was wondering, is it OK to cross to San Diego and get married, with her entering on a tourist visa? To be clear—she has no intent to stay and adjust status from the B2. We plan to get married, then she'll head back to Tijuana the same day, and in a couple weeks we'll file for our I-130, once we get the paperwork in order.

I'm thinking it may be a good idea to bring documentation along with us that she's established in Mexico (with a job, place to live, etc), just so the officer at the border crossing can be sure that she has no intent to stay in the USA. Does this sound OK?

One last question—would US immigration be suspicious if we file for the I-130 shortly after getting married (as in, a couple weeks?). We have plenty of documentation to show that she and I have had an ongoing relationship for over 3 years. We're getting married in a Catholic church in Mexico in August, and they require us to already be married legally before presiding over the church ceremony—so we can't do the K1 route. We want to get the immigration process rolling quickly, so we can at least be close to getting her CR-1 by then.

Any ideas or advice would be most appreciated.

Thanks!

[mrs.T 1]

Hi everyone,

My fiancée is Mexican, and she holds a B2 tourist visa. She's from Tijuana; we are planning on going to San Diego and getting married there, since the paperwork is much less complicated than it would be to get married in Mexico, since I'm an American, from Philadelphia.

I was wondering, is it OK to cross to San Diego and get married, with her entering on a tourist visa? To be clear—she has no intent to stay and adjust status from the B2. We plan to get married, then she'll head back to Tijuana the same day, and in a couple weeks we'll file for our I-130, once we get the paperwork in order.

I'm thinking it may be a good idea to bring documentation along with us that she's established in Mexico (with a job, place to live, etc), just so the officer at the border crossing can be sure that she has no intent to stay in the USA. Does this sound OK?

One last question—would US immigration be suspicious if we file for the I-130 shortly after getting married (as in, a couple weeks?). We have plenty of documentation to show that she and I have had an ongoing relationship for over 3 years. We're getting married in a Catholic church in Mexico in August, and they require us to already be married legally before presiding over the church ceremony—so we can't do the K1 route. We want to get the immigration process rolling quickly, so we can at least be close to getting her CR-1 by then.

Any ideas or advice would be most appreciated.

Thanks!

As long as your financee doesn's say that she intends to get married while she's in us on B2 you'll be fine!Of course you can get married and file the next morning if you want with no problem as long as you have solid evidence of bona fide marriage and she doesn't need to leave the us!

You have 2 options:

1- you get married, you file the petition I130,she stays and you just need to do Adjustment of status (or AOS - from B2 to CR1) there are a few stepts, AP for travelling, than the work permit and so on.... you will find a lot of info here to guide you!

2- she goes back to her country, you file the petition, and than she has to wait in her country for the petition to be aproved!

Good luck and welcome!

[Harpa Timsah 13,258]

As long as your financee doesn's say that she intends to get married while she's in us on B2 you'll be fine!Of course you can get married and file the next morning if you want with no problem as long as you have solid evidence of bona fide marriage and she doesn't need to leave the us!

You have 2 options:

1- you get married, you file the petition I130,she stays and you just need to do Adjustment of status (or AOS - from B2 to CR1) there are a few stepts, AP for travelling, than the work permit and so on.... you will find a lot of info here to guide you!

2- she goes back to her country, you file the petition, and than she has to wait in her country for the petition to be aproved!

Good luck and welcome!

This is incorrect. Entering the US on a tourist visa with the intent to immigrate is visa fraud, as this person is suggesting.

To the OP, however, what you are suggesting is perfectly fine. Get married, and have fun! You don't need to wait anytime after you get married before you file your I-130. She can also continue to make visits while the I-130 is pending. Happy wedding!

Edited February 4, 2011 by Harpa Timsah

[mrs.T 1]

This is incorrect. Entering the US on a tourist visa with the intent to immigrate is visa fraud, as this person is suggesting.

To the OP, however, what you are suggesting is perfectly fine. Get married, and have fun! You don't need to wait anytime after you get married before you file your I-130. She can also continue to make visits while the I-130 is pending. Happy wedding!

I am not suggesting anything! I said the B2 holder should come as a tourist that CAN LEGGALY get married to her financee! If you tell them that you come as a tourist and you intend to get married, they will tell you to go back and follow the CR1!

[rika60607 215]

It is perfectly legal to do what you are planning.

She does not have to go back the same day, she can stay for a few as her visa allows.

And you can file I-130 right away.

She should not volunteer though that purpose of her visit is to get married, as then she will not be let through. It is not advisable to bring a white dress either. But, if they ask directly, she either has to tell the truth or the two of you may have problems in the future.

Hi everyone,

My fiancée is Mexican, and she holds a B2 tourist visa. She's from Tijuana; we are planning on going to San Diego and getting married there, since the paperwork is much less complicated than it would be to get married in Mexico, since I'm an American, from Philadelphia.

I was wondering, is it OK to cross to San Diego and get married, with her entering on a tourist visa? To be clear—she has no intent to stay and adjust status from the B2. We plan to get married, then she'll head back to Tijuana the same day, and in a couple weeks we'll file for our I-130, once we get the paperwork in order.

I'm thinking it may be a good idea to bring documentation along with us that she's established in Mexico (with a job, place to live, etc), just so the officer at the border crossing can be sure that she has no intent to stay in the USA. Does this sound OK?

One last question—would US immigration be suspicious if we file for the I-130 shortly after getting married (as in, a couple weeks?). We have plenty of documentation to show that she and I have had an ongoing relationship for over 3 years. We're getting married in a Catholic church in Mexico in August, and they require us to already be married legally before presiding over the church ceremony—so we can't do the K1 route. We want to get the immigration process rolling quickly, so we can at least be close to getting her CR-1 by then.

Any ideas or advice would be most appreciated.

Thanks!

[Brother Hesekiel 2,236]

I am not suggesting anything! I said the B2 holder should come as a tourist that CAN LEGGALY get married to her financee! If you tell them that you come as a tourist and you intend to get married, they will tell you to go back and follow the CR1!

The USA has some lovely and quite popular destinations for couples who want to get married.

My own daughter and her now-husband both traveled from Europe to Maui, Hawaii to get married and afterward spend their honeymoon in one of the most picturesque locations on this planet. Even though they arrived with a B2 visa, no CBP officer would have told them that they couldn't get married or had to "follow the CR-1" route (as you indicated), simply because they had no intention to adjust status.

In fact, my daughter lives in Paris, France, and wouldn't move to the US if I gave her a million dollars.

[Wayne and Claudia 40]

This is incorrect. Entering the US on a tourist visa with the intent to immigrate is visa fraud, as this person is suggesting.

To the OP, however, what you are suggesting is perfectly fine. Get married, and have fun! You don't need to wait anytime after you get married before you file your I-130. She can also continue to make visits while the I-130 is pending. Happy wedding!

I agree. Kind of getting tired seeing people trying to break the "intent" rule of entering. Because of this is what makes it so much harder each year for folks to get tourist visas.

[Dan C. 18]

I just wanted to say thanks to everyone for the help; my fiancee and I tied the knot over the weekend without any trouble in the US, and I'm going to file the I-130 as soon as I can get a copy of the marriage certificate.

After the wedding, se crossed back over to Mexico, and I told her that once the I-130 is in progress, it would be best to have documentation ready when she crosses that shows that she has income and strong ties to Mexico. She frequently crosses into San Diego to go shopping (as it seems half of the population of Tijuana does) so hopefully they won't hassle her too much.

[OBX 51]

I just wanted to say thanks to everyone for the help; my fiancee and I tied the knot over the weekend without any trouble in the US, and I'm going to file the I-130 as soon as I can get a copy of the marriage certificate.

After the wedding, se crossed back over to Mexico, and I told her that once the I-130 is in progress, it would be best to have documentation ready when she crosses that shows that she has income and strong ties to Mexico. She frequently crosses into San Diego to go shopping (as it seems half of the population of Tijuana does) so hopefully they won't hassle her too much.

Congratulations on your marriage and best of luck with your petition.