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spasia6

Can I marry on a B1 visa?

By spasia6 in IR-1 / CR-1 Spouse Visa Process & Procedures

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spasia6 Rookie

spasia6   0

Posted
Filed: Timeline
Posted (edited)

Hi there,

I am a British female, currently living in the US (New York) on a B1 visa.

My visa is due to expire in 3 months time.

A couple of months into living here, I met a guy that I instantly fell for and we have been together ever since.

We would like to get married as soon as possible.

This is my question: Am I able to marry him whilst I am here, within the next few months (on my B1 visa), return to England for a month or two (to visit my family) and come back, as his spouse, in the hopes of applying for a spouse visa/green card?

Is there a special visa I will have to apply for to return?

Any/as much information that anyone may have on this specific situation would be, more than helpful!

Thanks!

Edited by spasia6
kamhoe Explorer

kamhoe   5

Posted
Filed: Lift. Cond. (apr) Country: Malaysia
 Timeline
Posted

No, you CANNOT leave the US and come back after you get married here. You will need to apply and wait for a spouse visa in your country.

Yes, you can get married in US and file for an Adjustment of Status but you will need to prove that you didn't have any intention to stay in US when you entered on B1 visa.

USCIS (I-130)
2011-03-12 -- Married
2011-04-15 -- I-130 sent
2011-04-18 -- I-130 NOA1 received in mail
2011-07-18 -- I-130 NOA2 approved
I-130 NOA2 was approved 91 days from NOA1 date
NVC
2011-08-05 -- NVC received
2011-08-29 -- Case entered into system
2011-08-30 -- Case # received; Exchanged emails; IIN # received
2011-08-31 -- DS-3032 sent via email
2011-09-02 -- Received DS-3032 and AOS bill via emails; AOS fee paid online
2011-09-06 -- DS-3032 accepted; AOS status: PAID
2011-09-07 -- AOS mailed; Received IV bill via email; IV fee paid online
2011-09-08 -- IV status: PAID
2011-09-09 -- IV mailed
2011-09-14 -- AOS reviewed
2011-09-15 -- IV RFE via phone
2011-09-16 -- IV RFE via email; IV RFE mailed
2011-09-22 -- Case completed
2011-10-04 -- Interview date assigned
U.S. Consulate
2011-10-11 -- Case received
2011-10-31 -- Medical checkup
2011-11-22 -- Interview; Approved
2011-11-25 -- Visa received
United States
2011-12-04 -- Port of entry: Seattle, Washington
2011-12-29 -- SSN applied
2012-01-04 -- Welcome notice letter received
2012-01-04 -- SSN card received
2012-01-19 -- Conditional green card received

USCIS (I-751)

2013-09-13 -- I-751 sent

2013-09-16 -- I-751 delivered

2013-09-18 -- Check cashed

2013-09-21 -- I-751 NOA1 received in mail

2013-09-27 -- I-797C, Biometrics appointment letter received

2014-01-13 -- Approved via email

2014-01-21 -- Permanent green card received

spasia6 Rookie

spasia6   0

Posted
Filed: Timeline
  • Author
Posted

No, you CANNOT leave the US and come back after you get married here. You will need to apply and wait for a spouse visa in your country.

Yes, you can get married in US and file for an Adjustment of Status but you will need to prove that you didn't have any intention to stay in US when you entered on B1 visa.

So, would it be best for me to return to England in June (as I MUST) and then come back on a travel visa in August, get married and apply for Adjustment of Status?

No, you CANNOT leave the US and come back after you get married here. You will need to apply and wait for a spouse visa in your country.

Yes, you can get married in US and file for an Adjustment of Status but you will need to prove that you didn't have any intention to stay in US when you entered on B1 visa.

How long does Adjustment of Status take? Could I get married in time to return in late June for a short while?

Penguin_ie Grand Master

Penguin_ie   5,997

Posted
Filed: Citizen (apr) Country: Ireland
 Timeline
Posted

No- it is visa fraud to use a travel visa with the intent of immigrating.

Your choices are

1. Get married asap and adjust status now (as you had no intention of immigrating when you came this time), hoping it will be done by the time you need to leave

2. Get married, then he petitions you for a spousal visa (CR-1). You can start the paperwork as soon as you are married, even if you are still in the USA, but will need to return to the UK for the medical and interview. You can visit him in the USA during the process.

3. Have him petition you for a K1 fiance visa. Start the process now, do NOT get married. You visit during the process, but medical and interview is in the UK and you then get married in the USA when you get the visa.

Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

mod penguin.jpg

kamhoe Explorer

kamhoe   5

Posted
Filed: Lift. Cond. (apr) Country: Malaysia
 Timeline
Posted

As I said before, it is fraud to use a non-immigrant visa to enter US with an intention to get married and stay permanently.

If you have to return to your country, your future husband (US citizen) can apply a K-1, fiancée visa for you and get married in US. Then, you can start the AOS process.

Hope this helps.

USCIS (I-130)
2011-03-12 -- Married
2011-04-15 -- I-130 sent
2011-04-18 -- I-130 NOA1 received in mail
2011-07-18 -- I-130 NOA2 approved
I-130 NOA2 was approved 91 days from NOA1 date
NVC
2011-08-05 -- NVC received
2011-08-29 -- Case entered into system
2011-08-30 -- Case # received; Exchanged emails; IIN # received
2011-08-31 -- DS-3032 sent via email
2011-09-02 -- Received DS-3032 and AOS bill via emails; AOS fee paid online
2011-09-06 -- DS-3032 accepted; AOS status: PAID
2011-09-07 -- AOS mailed; Received IV bill via email; IV fee paid online
2011-09-08 -- IV status: PAID
2011-09-09 -- IV mailed
2011-09-14 -- AOS reviewed
2011-09-15 -- IV RFE via phone
2011-09-16 -- IV RFE via email; IV RFE mailed
2011-09-22 -- Case completed
2011-10-04 -- Interview date assigned
U.S. Consulate
2011-10-11 -- Case received
2011-10-31 -- Medical checkup
2011-11-22 -- Interview; Approved
2011-11-25 -- Visa received
United States
2011-12-04 -- Port of entry: Seattle, Washington
2011-12-29 -- SSN applied
2012-01-04 -- Welcome notice letter received
2012-01-04 -- SSN card received
2012-01-19 -- Conditional green card received

USCIS (I-751)

2013-09-13 -- I-751 sent

2013-09-16 -- I-751 delivered

2013-09-18 -- Check cashed

2013-09-21 -- I-751 NOA1 received in mail

2013-09-27 -- I-797C, Biometrics appointment letter received

2014-01-13 -- Approved via email

2014-01-21 -- Permanent green card received

spasia6 Rookie

spasia6   0

Posted
Filed: Timeline
  • Author
Posted

No- it is visa fraud to use a travel visa with the intent of immigrating.

Your choices are

1. Get married asap and adjust status now (as you had no intention of immigrating when you came this time), hoping it will be done by the time you need to leave

2. Get married, then he petitions you for a spousal visa (CR-1). You can start the paperwork as soon as you are married, even if you are still in the USA, but will need to return to the UK for the medical and interview. You can visit him in the USA during the process.

3. Have him petition you for a K1 fiance visa. Start the process now, do NOT get married. You visit during the process, but medical and interview is in the UK and you then get married in the USA when you get the visa.

Thank you so much for the speedy reply!

So, do you have any idea how long options 1 or 2 could take?

Darnell Grand Master

Darnell   8,479

Posted
Filed: IR-1/CR-1 Visa Country: China
 Timeline
Posted

As I said before, it is fraud to use a non-immigrant visa to enter US with an intention to get married and stay permanently.

If you have to return to your country, your future husband (US citizen) can apply a K-1, fiancée visa for you and get married in US. Then, you can start the AOS process.

Hope this helps.

She not have this intent, when she crossed the border. As SHE said, she met a guy after hitting the POE.

So, she not have this intent, at all. Sorry. You said it once, twice even - but I pray you understand she not have this intent. No Fraud at all if she stays after marriage and an Adjustment of Status casefile is filed. She must stay, however, till the greencard is in hand.

Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

-=-=-=-=-=R E A D ! ! !=-=-=-=-=-

Whoa Nelly ! Want NVC Info? see http://www.visajourney.com/wiki/index.php/NVC_Process

Congratulations on your approval ! We All Applaud your accomplishment with Most Wonderful Kissies !

 

Penguin_ie Grand Master

Penguin_ie   5,997

Posted
Filed: Citizen (apr) Country: Ireland
 Timeline
Posted

Option 2 takes 8- 10 months from filing, option 3 6-8 months. Not sure on option one, I think it depends a lot on your service center?

Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

mod penguin.jpg

kamhoe Explorer

kamhoe   5

Posted
Filed: Lift. Cond. (apr) Country: Malaysia
 Timeline
Posted

She not have this intent, when she crossed the border. As SHE said, she met a guy after hitting the POE.

So, she not have this intent, at all. Sorry. You said it once, twice even - but I pray you understand she not have this intent. No Fraud at all if she stays after marriage and an Adjustment of Status casefile is filed. She must stay, however, till the greencard is in hand.

She didn't have any intention to get married on her 1st entry but she were talking about to return to her country later and return to US again with visitor visa in order to get married!

USCIS (I-130)
2011-03-12 -- Married
2011-04-15 -- I-130 sent
2011-04-18 -- I-130 NOA1 received in mail
2011-07-18 -- I-130 NOA2 approved
I-130 NOA2 was approved 91 days from NOA1 date
NVC
2011-08-05 -- NVC received
2011-08-29 -- Case entered into system
2011-08-30 -- Case # received; Exchanged emails; IIN # received
2011-08-31 -- DS-3032 sent via email
2011-09-02 -- Received DS-3032 and AOS bill via emails; AOS fee paid online
2011-09-06 -- DS-3032 accepted; AOS status: PAID
2011-09-07 -- AOS mailed; Received IV bill via email; IV fee paid online
2011-09-08 -- IV status: PAID
2011-09-09 -- IV mailed
2011-09-14 -- AOS reviewed
2011-09-15 -- IV RFE via phone
2011-09-16 -- IV RFE via email; IV RFE mailed
2011-09-22 -- Case completed
2011-10-04 -- Interview date assigned
U.S. Consulate
2011-10-11 -- Case received
2011-10-31 -- Medical checkup
2011-11-22 -- Interview; Approved
2011-11-25 -- Visa received
United States
2011-12-04 -- Port of entry: Seattle, Washington
2011-12-29 -- SSN applied
2012-01-04 -- Welcome notice letter received
2012-01-04 -- SSN card received
2012-01-19 -- Conditional green card received

USCIS (I-751)

2013-09-13 -- I-751 sent

2013-09-16 -- I-751 delivered

2013-09-18 -- Check cashed

2013-09-21 -- I-751 NOA1 received in mail

2013-09-27 -- I-797C, Biometrics appointment letter received

2014-01-13 -- Approved via email

2014-01-21 -- Permanent green card received

  • 2 weeks later...
Darnell Grand Master

Darnell   8,479

Posted
Filed: IR-1/CR-1 Visa Country: China
 Timeline
Posted

ah - sorry, somehow I missed that planned 2nd trip after the marriage.

duh. give me a dunce cap and let me sit in the corner for the weekend.

I do get it right, sometimes, though ;)

Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

-=-=-=-=-=R E A D ! ! !=-=-=-=-=-

Whoa Nelly ! Want NVC Info? see http://www.visajourney.com/wiki/index.php/NVC_Process

Congratulations on your approval ! We All Applaud your accomplishment with Most Wonderful Kissies !

 

 
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