Help please...On B2 - in US -about to get married..but..

[Casprd 167]

Actually coming here with the intent to get married isn't the issue. Coming with the intent to get married and stay is where you will get in trouble. Rather than the K-1, you can get married here, she can stay in the US until her I-94 expires and then at that point in the process either go to Mexico to wait or return to Russia and wait for the interview. There is no problem with getting married now.

[Dropkick 0]

IIRC it's even worse than that. You get 50% credit for the prior year. So staying 100 days in one year, you're not a resident. Now you can only be in 130 days the following year before you trigger it. I got caught on this back in the mid '90s. I don't imagine it's changed.

Does this have any real consequences other than filing a zero income return or am I missing something?

Actually coming here with the intent to get married isn't the issue. Coming with the intent to get married and stay is where you will get in trouble. Rather than the K-1, you can get married here, she can stay in the US until her I-94 expires and then at that point in the process either go to Mexico to wait or return to Russia and wait for the interview. There is no problem with getting married now.

Definitely wasn't intent to come, marry and stay....but now thinking that since we do want to marry, is it ok to stay.

[Dropkick 0]

If pushed, then yes..the burden will be on you and her to prove she didn't have intentions of coming here to marry and adjust status

However, from what you describe, this shouldn't be an issue with adjustment of status

Oh, and don't 'put her in Mexico' - she may not want to go there. Besides, Mexico isn't the safest place these days and she may not even be permitted there for the duration of your visa process

Good luck

Sorry about the "put her in Mexico" - sounds terrible and wasn't my intent... She's got a masters degree, smart as a whip, high end professional, she isn't being "put" anywhere other than where she chooses to be put. I"ll go crawl back under my rock now haha.

The 30/60/90 rule no longer exists. Don't pay any heed to someone who talks about it (especially a lawyer). There is no such rule anymore.

Interesting, is there a link to back this up or just the general consensus and accepted view?

[Dropkick 0]

It really is up to you. Intent doesn't seem to be a problem and you can adjust from a B2. I was originally taking that route until a close friend of mine was denied AOS at the interview because she had been married after she entered the country with a B1/B2. The best I have been able to gather is that success really depends a lot on the interviewing officer. So in other words, it seems like you would be fine if you married and adjusted, but you are the one taking the risk so just consider K1 or CR1

Not sure if this is a huge hiccup or not...but I am still married...will be divorced this Friday. Does this change anything from an intent or perception point of view with the powers that be or possibly bolster the position I wonder?

[Harpa Timsah 13,258]

Not sure if this is a huge hiccup or not...but I am still married...will be divorced this Friday. Does this change anything from an intent or perception point of view with the powers that be or possibly bolster the position I wonder?

YES.

[Harpa Timsah 13,258]

Regarding the defunct 30/60/90 day rule, here is Jim's eloquent post on that topic http://www.visajourney.com/forums/topic/287217-possible-aos-from-b2/page__view__findpost__p__4373262

I would have suggested filing AOS, simple as, but now that you are throwing in the fact that you are not YET divorced, I definitely would NOT file AOS. Do K-1 or CR-1.

[Dropkick 0]

Regarding the defunct 30/60/90 day rule, here is Jim's eloquent post on that topic http://www.visajourney.com/forums/topic/287217-possible-aos-from-b2/page__view__findpost__p__4373262

I would have suggested filing AOS, simple as, but now that you are throwing in the fact that you are not YET divorced, I definitely would NOT file AOS. Do K-1 or CR-1.

Well, I'm certainly not filing anything until divorce decree is in hand and it will be official in 48 hours....not planning to marry for a month from now if we go that route. So does that still really change anything?

[san diego 407]

Mexico only gives 30 day permission to stay. Thats what I have been given everytime I have gone there. I would agree not to put her in Mexico also. If money is no object and you want to be with her and do not want to just adjust status then maybe stay in Russia with her till approved.

Absolutely incorrect! I have this experience first-hand. I put my fiancee in a nice apartment in Tijuana. She is Russian. She got 180 days permit to stay. OP, if you need more info on stay in Mexico, how to manage russian citizen there and how to manage living there and commuting to work - I can provide all the experience you need.

Edited July 20, 2011 by san diego

[Dropkick 0]

Absolutely incorrect! I have this experience first-hand. I put my fiancee in a nice apartment in Tijuana. She is Russian. She got 180 days permit to stay. OP, if you need more info on stay in Mexico, how to manage russian citizen there and how to manage living there and commuting to work - I can provide all the experience you need.

Very generous of you SD! I'm not far from you, a little east. Is there a good immigration attorney in SD you could recommend? Also, we had considered maybe San Felipe instead of say Rosarito....I don't know TJ at all but if we went there I'm obviously concerned about safety. Has the Mexico thing worked out well for you two? Again, any advice on this would be invaluable.

[san diego 407]

Very generous of you SD! I'm not far from you, a little east. Is there a good immigration attorney in SD you could recommend? Also, we had considered maybe San Felipe instead of say Rosarito....I don't know TJ at all but if we went there I'm obviously concerned about safety. Has the Mexico thing worked out well for you two? Again, any advice on this would be invaluable.

Write me on my e-mail (my page) I have wealth of experience on that. Attorney - the same. I used the best one, trust me!And she practices in SD..

[Sergi9 110]

Does this have any real consequences other than filing a zero income return or am I missing something?

Definitely wasn't intent to come, marry and stay....but now thinking that since we do want to marry, is it ok to stay.

I would be one heck of an obnoxious USCIS officer on this topic. I am not sure you could convince me that someone who has a life in another country made no provisions to leave and never come back, ie... imagine the cat getting hungry by now, the apartment is full of furniture, the newspapers and mail are piling up... hmm... and you just go on vacation to a different country and NEVER COME BACK.

Very messy, many loose ends.

[Daniel&Theary 30]

Absolutely incorrect! I have this experience first-hand. I put my fiancee in a nice apartment in Tijuana. She is Russian. She got 180 days permit to stay. OP, if you need more info on stay in Mexico, how to manage russian citizen there and how to manage living there and commuting to work - I can provide all the experience you need.

OK my mistake when I have traveled there I was only given a 30 day visa I hope this does work for you Good luck

[Daniel&Theary 30]

I would be one heck of an obnoxious USCIS officer on this topic. I am not sure you could convince me that someone who has a life in another country made no provisions to leave and never come back, ie... imagine the cat getting hungry by now, the apartment is full of furniture, the newspapers and mail are piling up... hmm... and you just go on vacation to a different country and NEVER COME BACK.

Very messy, many loose ends.

It was simple for us to explain but we were never questioned on it when we married we called her mom she had workers clean the house move her personal things to her moms house and rented out her house. Its not as hard as people make it out to be. As long as there was no intent (which is hard to prove there was) you are ok. Might be wrong on the Mexican visa for Russians but this I know because we did it.

[Dropkick 0]

I would be one heck of an obnoxious USCIS officer on this topic. I am not sure you could convince me that someone who has a life in another country made no provisions to leave and never come back, ie... imagine the cat getting hungry by now, the apartment is full of furniture, the newspapers and mail are piling up... hmm... and you just go on vacation to a different country and NEVER COME BACK.

Very messy, many loose ends.

Well, she had a good job as a self employed person, can start and stop it as she likes...lives with family as is common...has good reserve of her own personal funds. If it was as described above I would agree but how common is it for late twentysomething Russian girls to live on their own...not too common. Residing with family is the norm. That help? I get a little more worried with the fact that this is 4th visit to US within 8 months ...even though 2 of them were not with me... For me as an officer I'd question that a bit I think, but what do I know.

[kzielu 1,149]

Well, I'm certainly not filing anything until divorce decree is in hand and it will be official in 48 hours....not planning to marry for a month from now if we go that route. So does that still really change anything?

Unfortunately it does - getting married right after divorce is a red flag for potential immigration fraud.