Canadian in US on B2 Tourist Visa Wanting To Marry American

[sugarhips 0]

I am a Canadian who came to the US on a B2 Tourist Visa to visit my girlfriend who is a US Citizen. I had no intentions of staying permanently, but we have since decided we want to get married. We want to get married before I have to go back at the end of June, but have been reading information about people getting married while on B2 and applying for Adjustment Of Status and being accused of fraud or causing serious consequences. We know about the K1 fiancee visa, but don't see what sense it would make to waste the money on travel and possibly not seeing each other for a year while we wait for it to be processed when we are ready to get married now. Does anyone know what the chances are of being denied an AOS if we get married while I am on B2 Visa or if there are any serious consequences from either country? Any serious advice or help would be appreciated. I keep getting nothing but mixed information when I go looking myself.

[sciencenerd 56]

You shouldn't have any problems based on this issue. As long as you didn't lie to immigration officers when crossing the border, you're fine. You came across as a visitor intending to visit - circumstances changed. You will run into folks here who are really against this because they think it's either fraudulent or encourages others to be fraudulent. The truth is that immigration law allows for this and you have nothing to worry about as long as there is nothing you're leaving out here. Given that you legally qualify to just adjust status, it seems like that would be the most straightforward option. Of course, that means you can't go home until you have AP (and not until greencard if you've overstayed) - if you left a job, home, etc (which would make sense when coming here as a visitor), not being able to leave the US may be the biggest issue on the "con" side of staying and adjusting status. Good luck and congrats on the engagement!

[Maranda 3]

Hi

There is nothing wrong with getting married on a B2 visa. The whole "gray area" begins when you choose what to do after you've gotten married, as I understand it. I'm currently in the same boat. My boyfriend came over on a B2 from the Netherlands back in February. We recently decided to get married in Vegas, and are currently going over the CR or AOS options.

The vibe I've gotten is that CR is the "safest" post-marriage route. But it also seems that if things are pretty straight-forward and honest, with a legit relationship, paperwork and proof to back it up, and no material misrepresentation at POE or otherwise... AOS is do-able.

Someone correct me if I'm wrong.

Best wishes.

[lovetimhortons 1]

We were in somewhat of a similar situation when we got engaged in spring 2010. We decided to go the K1 route after speaking to a "top" immigration lawyer in Toronto who specializes in US/Canada immigration. He told us that going the K1 or CR-1/IR-1 is the safest route (neither of us had any red flags or complicating factors) once you are engaged. We took his advice, and visited frequently during the K1 process, moved to the US in late 2010, and 10 months after all this started (despite Montreal backlog) received greencard without an interview. That being said, it was pretty expensive (a few thousand dollars total for K1 and AOS, and not to mention visits, etc), and took a long time--10 months is not a short time!! Looking back, despite the extra expense, we're glad we took the no-risk route (there are no guarantees with US immigration, and it's stressful enough even for two people with no complicating factors or red flags).

But every situation is different. Good luck to you.

[Brother Hesekiel 2,236]

Why in the Lord's name would you have gone though the trouble of getting a B2 visa?

[sugarhips 0]

After reading the responses, I started looking into the Conditional Residence but am a bit confused. Do you have to apply for the CR or does it automatically apply once you are legally married? Or is it something you only get after applying for AOS?

[sugarhips 0]

Hi

There is nothing wrong with getting married on a B2 visa. The whole "gray area" begins when you choose what to do after you've gotten married, as I understand it. I'm currently in the same boat. My boyfriend came over on a B2 from the Netherlands back in February. We recently decided to get married in Vegas, and are currently going over the CR or AOS options.

The vibe I've gotten is that CR is the "safest" post-marriage route. But it also seems that if things are pretty straight-forward and honest, with a legit relationship, paperwork and proof to back it up, and no material misrepresentation at POE or otherwise... AOS is do-able.

Someone correct me if I'm wrong.

Best wishes.

After reading the responses, I started looking into the Conditional Residence but am a bit confused. Do you have to apply for the CR or does it automatically apply once you are legally married? Or is it something you only get after applying for AOS?

Sorry about the double post.

Edited May 25, 2011 by sugarhips

[Sergi9 110]

Hi

There is nothing wrong with getting married on a B2 visa. The whole "gray area" begins when you choose what to do after you've gotten married, as I understand it. I'm currently in the same boat. My boyfriend came over on a B2 from the Netherlands back in February. We recently decided to get married in Vegas, and are currently going over the CR or AOS options.

The vibe I've gotten is that CR is the "safest" post-marriage route. But it also seems that if things are pretty straight-forward and honest, with a legit relationship, paperwork and proof to back it up, and no material misrepresentation at POE or otherwise... AOS is do-able.

Someone correct me if I'm wrong.

Best wishes.

I have often wondered how the interview goes on these situations. If there was no "intent" to stay, what happened to your car, home personal belongings etc, that you never went back and tied up the loose ends on? How do you answer those questions in an interview an a visitor visa that ends up permanent?

[Harpa Timsah 13,258]

I have often wondered how the interview goes on these situations. If there was no "intent" to stay, what happened to your car, home personal belongings etc, that you never went back and tied up the loose ends on? How do you answer those questions in an interview an a visitor visa that ends up permanent?

A lot of people don't have a car, or live with their parents, or are wealthy enough to own properties without the need to rent them out for income. People live under all sorts of situations.

[ceadsearc 516]

I have often wondered how the interview goes on these situations. If there was no "intent" to stay, what happened to your car, home personal belongings etc, that you never went back and tied up the loose ends on? How do you answer those questions in an interview an a visitor visa that ends up permanent?

I would imagine some people have family or friends tie up loose ends, or do it themselves once their AOS is approved, but other people really aren't leaving that much at all, and may not have a car, house, or many personal belongings.

[Maranda 3]

After reading the responses, I started looking into the Conditional Residence but am a bit confused. Do you have to apply for the CR or does it automatically apply once you are legally married? Or is it something you only get after applying for AOS?

Sorry about the double post.

CR-1 requires filing the Petition for Alien Relative, I-130. If you haven't already seen them, check out http://travel.state.gov/visa/immigrants/types/types_2991.html#2 and http://www.visajourney.com/content/i130guide1

The reason we decided to pursue the CR-1 route is because we wanted to get married on our own terms and timeline (as in, sooner rather than later), instead of the government dictating it through a K1 process. That said, we're also meeting with an immigration attorney soon to discuss AOS as it applies to our situation as well, because if we can save some time and travel, we will.

I have often wondered how the interview goes on these situations. If there was no "intent" to stay, what happened to your car, home personal belongings etc, that you never went back and tied up the loose ends on? How do you answer those questions in an interview an a visitor visa that ends up permanent?

I think a lot of those questions came up as proof of ties at the initial interview for getting the B2 in the first place. In our case, my husband lives with his dad over there, and all his personal belongings and car are under his dad's roof, waiting for him to get back. I suppose if we AOS'd, we'd just be honest about that. He HAS to return at some point to take care of his business and sign out of the city registry and such, of course. That stuff has to be done regardless of which way he immigrates. And as I understand, with AOS'ing, you can return home as soon as you have Advance Parole.

[sugarhips 0]

CR-1 requires filing the Petition for Alien Relative, I-130. If you haven't already seen them, check out http://travel.state.gov/visa/immigrants/types/types_2991.html#2 and http://www.visajourney.com/content/i130guide1

The reason we decided to pursue the CR-1 route is because we wanted to get married on our own terms and timeline (as in, sooner rather than later), instead of the government dictating it through a K1 process. That said, we're also meeting with an immigration attorney soon to discuss AOS as it applies to our situation as well, because if we can save some time and travel, we will.

I think a lot of those questions came up as proof of ties at the initial interview for getting the B2 in the first place. In our case, my husband lives with his dad over there, and all his personal belongings and car are under his dad's roof, waiting for him to get back. I suppose if we AOS'd, we'd just be honest about that. He HAS to return at some point to take care of his business and sign out of the city registry and such, of course. That stuff has to be done regardless of which way he immigrates. And as I understand, with AOS'ing, you can return home as soon as you have Advance Parole.

Maybe I'm a bit stupid, but I'm still a little confused. Could we get married and then file for the CR-1 and then later the AOS and while on the CR-1 stay here and work here? With getting married, we wouldn't have the money upfront for the AOS filing so if there was a way to get married and be able to work here and save up the money for the AOS, that would be ideal.

[Harpa Timsah 13,258]

Maybe I'm a bit stupid, but I'm still a little confused. Could we get married and then file for the CR-1 and then later the AOS and while on the CR-1 stay here and work here? With getting married, we wouldn't have the money upfront for the AOS filing so if there was a way to get married and be able to work here and save up the money for the AOS, that would be ideal.

No. You either stay here and file AOS and wait for work authorization, or go home and file CR-1 and wait for that process to finish and when you enter the country on your CR-1 spousal visa you would trigger your permanent resident status and be allowed to work immediately. AOS takes around 4 months and the temporary work permit that comes with it takes about 3 months. CR-1 takes about 10 months.

Edited May 26, 2011 by Harpa Timsah

[sugarhips 0]

No. You either stay here and file AOS and wait for work authorization, or go home and file CR-1 and wait for that process to finish and when you enter the country on your CR-1 spousal visa you would trigger your permanent resident status and be allowed to work immediately. AOS takes around 4 months and the temporary work permit that comes with it takes about 3 months. CR-1 takes about 10 months.

So CR-1 is pretty much equal to K1 except with CR-1 you get married before going back? Sounds like they are around the same amount in fees and around the same time frame.

[sciencenerd 56]

So CR-1 is pretty much equal to K1 except with CR-1 you get married before going back? Sounds like they are around the same amount in fees and around the same time frame.

You don't have to adjust status with the CR1 - you enter the country as an LPR.