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Filed: Timeline
Posted

Ok so im a UK citizen currently on a B-2 visitors visa, and plan to get married to my america partner.

I have heard that this is ok?..... can this only be done on your first B-2 visa or can i leave and come back on another b-2 and then process for a green card status change then?

What forms will I need and in what order and/or group do i send them off??

Filed: Other Timeline
Posted

Unlike the United Kingdom, the United States does not require you to have a special visa in order to get married. Many tourists get married, be it in Las Vegas or on Hawaii.

Once you've gotten married, your US citizen spouse files an I-130 petition with USCIS for you while you return to the Ukay before your I-94 expires. Once approved, the petition first goes to the National Visa Center and then to the US Consulate in London where you will have an interview. Once all is said and done, you'll receive a CR-1 visa and enter the United States as a lawful permanent resident. You will be able to get a driver's license and work from day one on.

There is no room in this country for hyphenated Americanism. When I refer to hyphenated Americans, I do not refer to naturalized Americans. Some of the very best Americans I have ever known were naturalized Americans, Americans born abroad. But a hyphenated American is not an American at all . . . . The one absolutely certain way of bringing this nation to ruin, of preventing all possibility of its continuing to be a nation at all, would be to permit it to become a tangle of squabbling nationalities, an intricate knot of German-Americans, Irish-Americans, English-Americans, French-Americans, Scandinavian-Americans or Italian-Americans, each preserving its separate nationality, each at heart feeling more sympathy with Europeans of that nationality, than with the other citizens of the American Republic . . . . There is no such thing as a hyphenated American who is a good American. The only man who is a good American is the man who is an American and nothing else.

President Teddy Roosevelt on Columbus Day 1915

Filed: Timeline
Posted

Ok so im a UK citizen currently on a B-2 visitors visa, and plan to get married to my america partner.

I have heard that this is ok?..... can this only be done on your first B-2 visa or can i leave and come back on another b-2 and then process for a green card status change then?

What forms will I need and in what order and/or group do i send them off??

It is illegal to enter the US on a visitor visa with the intent to immigrate.

While it may be fine for you to adjust if you are already in the US and you did not enter with the intent to immigrate, you could adjust your status.

If you have not entered the US, you would be violating the terms of the visitor visa if you attempt to enter with the intent to immigrate. If you are here and you leave and try to return with the intent to immigrate, you will also violate the terms of the visitor visa since you already have the intent to immigrate.

During the adjustment process, the US government will conduct a background check and determine based on your circumstances whether you had the intent to immigrate when you entered. The US government cannot read your mind looking for the intent to immigrate and will have to rely on your circumstances.

Things that may indicate that you had the intent to immigrate when you entered the US; quit your job, closed bank accounts, told others of your intentions, selling property, terminating a lease, etc.

Posted

raybradyuk, it comes down to you having a lack of intent when you entered the US this time (I am presuming that you are here in the US now). If you did not intend to immigrate, you have broke no rules and are fine to adjust status. Do NOT leave the US while this is in process, until you either get your Advance Parole or your green card. Intent can not be used alone to deny AOS to the spouse of a US citizen, it gets dicey if they catch you in a material misrepresentation (lying about it). So, if they asked you at the border if you intended to immigrate, and you said "No", you may have a problem.

There are many happy stories of people like us on VJ who came to visit and decided to stay when circumstances changed.

Post on Adjudicators's Field Manual re: AOS and Intent: My link
Wedding Date: 06/14/2009
POE at Pearson Airport - for a visit, did not intend to stay - 10/09/2009
Found VisaJourney and created an account - 10/19/2009

I-130 (approved as part of the CR-1 process):
Sent 10/01/2009
NOA1 10/07/2009
NOA2 02/10/2010

AOS:
NOA 05/14/2010
Interview - approved! 07/29/10 need to send in completed I-693 (doctor missed answering a couple of questions) - sent back same day
Green card received 08/20/10

ROC:
Sent 06/01/2012
Approved 02/27/2013

Green card received 05/08/2013

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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