Married while on a B2 visa. How to get legalized?

[memmy 3]

Hi,

I have a hypothetical question: I've been dating my fiance for over 3 years now and we plan to get married. I was in the US before on a J-1 visa, he has already been to my country once, I was in the US on a B2 visa again this summer. What will happen if we get married during my next trip to the US on a B2 visa? I plan to leave the country on time, no overstay, no illegal actions. Will I have to apply for a K3 visa back home? Will it be a problem that we married in the US, and not in my country, and then applied for a K3 visa after my return home? Would it matter that I left the US on time, without any violations of the rules, other than marrying while visiting? We just thought that maybe that way it would be faster than a K1 visa... What do you think? Thanks!

[canadian_wife 1,822]

K-1 is a bit faster

Regardless, nothing illegal about coming to the US, marrying, then leaving. You can petition for the spousal visa while you are still in the US, just make sure you list the consulate abroad you will interview at

Look into the Cr-1, it is superior visa

Good luck

[memmy 3]

Thanks for your reply! I've read somewhere that one may get married only after 60 days of his/her stay in the country, Otherwise, it is a terrible violation. Do you mean that we can marry when I go there on a B2 visa, and he can petition for the spousal visa while I am still in the US? (So, there will be no need for me to leave the US to go to my home of residence and to wait for the petition to be approved, and then for an interview at the American Embassy in my country?

K-1 is a bit faster

Regardless, nothing illegal about coming to the US, marrying, then leaving. You can petition for the spousal visa while you are still in the US, just make sure you list the consulate abroad you will interview at

Look into the Cr-1, it is superior visa

Good luck

[memmy 3]

Hi everybody.

What will happen if I decide to marry my fiance during one of the times I visit him in the US next time? We've been dating for about 3 years, have been visiting each other. I studied in the US for 2 years. No overstayed visits. no criminal records, no issues to have at all. In case we merry, will I have to leave the country before my I-94 expires, or I may stay in the US and apply for the adjustment of my status? Is it true that it is legal to marry only after 60 days of one's stay in the US? Will we have to apply for a K3 visa, or for an adjustment of status immediately, skipping K3? THANKS

Edited August 31, 2011 by memmy

[Inky 1,110]

You would apply for a CR-1 if you want to save time and pay less.

Entering with intent to adjust status is visa fraud.

[memmy 3]

Hi everybody,

What will potentially happen if s person gets married to his/her American fiance(e) while visiting with them on a B2 visa? Will that person have to go back home before their I-94 expires and wait until their bf/gf file for a K3 visa petition? Or that person will be able to stay in the country together with their spouse and file for an adjustment of status? ( Or still file for K3 first, then for an adjustment of status?). Can a person get penalized for that? I've been told by some friends that they know many people who did that, while others keep telling me it is a terrible regulation and I may be penalized and/or banned from the country for 5 years. Please, help me out with that question! Thanks in advance!

[Ben and Jill 37]

You would apply for a CR-1 if you want to save time and pay less.

Entering with intent to adjust status is visa fraud.

I agree with Inky. Coming here on a B2 with the intent to do something else is not a good idea. I wouldn't do it. One thing I've learned (among so many other things along this journey) is to always, always do things the right way the first time around, otherwise you pay for it. I'm not an expert on B2's, but I'm sure many others would agree that it's not a good idea at all.

[Little_My 464]

The answers will be same for this post as they were for the other one you made about the same topic - coming to the US under tourist status with the intent to marry a US citizen AND file for adjustment of status to become a permanent resident is visa fraud. Yes, many do it and many do it successfully - but those who are not successful face deportation and a ban to the US, which in worst cases can be for a lifetime. Does it sound like a risk worth taking?

K-3 is a dead visa and doesn't really exist anymore. What you would do is marry your spouse (and you can do that in the US or in any other country you want), then return to your home country and file for the CR-1 spousal visa through the consulate there. It will take about 9 months to get that visa, but once you have it and use it to enter the US, you'll immediately become a permanent resident, and you can start working, studying etc. Depending on your home country, you might be able to visit your spouse in the US while your CR-1 is under processing.

And a small edition just to clarify this, since it seems to be a hot topic on this forum - coming to the US with a B2 visa and getting married to a US citizen is NOT fraud or a violation or wrong in any way. It is the adjustment of status-part afterwards that constitutes a violation, if the intending immigrant planned to file for AOS prior to entering the US with a tourist visa (or any other non immigrant visa). You can marry him/her here without any trouble, but you will need to return home to complete the CR-1 process there.

Edited August 31, 2011 by Little_My

[Ben and Jill 37]

Did you expect a different answer on the same topic, different post? C'mon.

[memmy 3]

The answers will be same for this post as they were for the other one you made about the same topic - coming to the US under tourist status with the intent to marry a US citizen AND file for adjustment of status to become a permanent resident is visa fraud. Yes, many do it and many do it successfully - but those who are not successful face deportation and a ban to the US, which in worst cases can be for a lifetime. Does it sound like a risk worth taking?

K-3 is a dead visa and doesn't really exist anymore. What you would do is marry your spouse (and you can do that in the US or in any other country you want), then return to your home country and file for the CR-1 spousal visa through the consulate there. It will take about 9 months to get that visa, but once you have it and use it to enter the US, you'll immediately become a permanent resident, and you can start working, studying etc. Depending on your home country, you might be able to visit your spouse in the US while your CR-1 is under processing.

And a small edition just to clarify this, since it seems to be a hot topic on this forum - coming to the US with a B2 visa and getting married to a US citizen is NOT fraud or a violation or wrong in any way. It is the adjustment of status-part afterwards that constitutes a violation, if the intending immigrant planned to file for AOS prior to entering the US with a tourist visa (or any other non immigrant visa). You can marry him/her here without any trouble, but you will need to return home to complete the CR-1 process there.

Ok, thanks! I am just working on all possible options and choosing the SAFEST and the QUICKEST one! Again, thanks a lot for your reply. Will my fiance have to file for a wife visa Cr1 petition? Is the process similar to filing a fiance petition? Which one is faster? Thanks!

[memmy 3]

I agree with Inky. Coming here on a B2 with the intent to do something else is not a good idea. I wouldn't do it. One thing I've learned (among so many other things along this journey) is to always, always do things the right way the first time around, otherwise you pay for it. I'm not an expert on B2's, but I'm sure many others would agree that it's not a good idea at all.

Ok, thanks a lot for your reply! Then I will go home. That is not a problem. I just needed to know what is the right way.

[memmy 3]

Did you expect a different answer on the same topic, different post? C'mon.

I did NOT expect a different answer. I expected answers from more people. In addition, I saw B2 section of the forum later on and posted here too. No need to get mean to me. I am just looking for more answers.

Edited August 31, 2011 by memmy

[memmy 3]

You would apply for a CR-1 if you want to save time and pay less.

Entering with intent to adjust status is visa fraud.

Ok, thanks a lot!

[Ben and Jill 37]

I did NOT expect a different answer. I expected answers from more people. In addition, I saw B2 section of the forum later on and posted here too. No need to get mean to me. I am just looking for more answers.

I wasn't being mean...just wondering if you were looking for a different answer because sometimes we don't like what we are hearing I apologize, I didn't realize it was in a different forum. My bad. I'm sorry. I'm a friendly person, I swear. We are all here to help.

[Ban Hammer 13,340]

duplicate topics have been merged.