Marriage on a B2 Visa

[tcj 0]

I am currently in the US on a B2 travel visa for a year from England. I have read a variety of topics online, but was hoping to get some sound advice from people who know lots about the process and perhaps have even been through it before.

I came to America with the intention of travelling while living with a girl I met online and had been talking regularly to for around a year and a half. Just before I arrived there was a mutual understanding that a relationship between us was likely - though obviously neither of us had any incling it would result in marriage. I have been visiting various places but during my time here (currently 3 months) i became certain that this was the girl I wanted to spend my life with.

I am hoping to propose around the 5 month mark, with a remaining 7 months on my visa. She is also keen to marry. What ever happens my main priority is not being apart. It would be terrible to have to be apart for any length of time. Now that I have given you the background I have a couple of questions:

- Firstly, can I marry on the B2 visa and forego the K1 fiancee visa seen as i'm already in the country? There is no hidden agenda here, we just don't want to be apart.

- Secondly, I have been a student and will have spent all of my savings on living here by the end of the 12 month period, and obviously being from England have no job here as of yet. My girlfriend is self employed with a start up and as such isn't getting much income at all, though she does have a large ammount of cash invested in her company. Will this be a big problem during the process? I could probably get backed by her via savings - would this still be an issue?

- Thirdly, if I were to forego the K1 process would I take the health checks, interviews to prove our relationship is genuine etc after the wedding? Is that then included in the 'neutralisation' process?

- Lastly after the marriage, what is the situation once my visa expires. I will be out of status for sure with how long the various processes take. Is this okay seen as i'm trying to apply to stay here with the future wife?

Thank you so much in advance for any help.

Tom

Edited June 4, 2012 by tcj

[ChrisPG 30]

I am currently in the US on a B2 travel visa for a year from England.

The B2 visa is valid for a maximum entry of 6 months and that duration is up to the Officer at your POE. The visa may be valid for a year, but your entry will not be.

I am hoping to propose around the 5 month mark, with a remaining 7 months on my visa. She is also keen to marry. What ever happens my main priority is not being apart. It would be terrible to have to be apart for any length of time. Now that I have given you the background I have a couple of questions:

Again, you will not have 7 months remaining on a 6 month duration.

- Firstly, can I marry on the B2 visa and forego the K1 fiancee visa seen as i'm already in the country? There is no hidden agenda here, we just don't want to be apart.

Yes. You can marry on the B2 and adjust your status by filing the I-130/AOS Package. No Need for a K1 or CR-1.

- Secondly, I have been a student and will have spent all of my savings on living here by the end of the 12 month period, and obviously being from England have no job here as of yet. My girlfriend is self employed with a start up and as such isn't getting much income at all, though she does have a large ammount of cash invested in her company. Will this be a big problem during the process?

If she cannot prove that her income is above the 125% poverty guidelines set forth in Form I-864P, then you will need a joint sponsor who does meet the income requirements.

- Thirdly, if I were to forego the K1 process would I take the health checks, interviews to prove our relationship is genuine etc after the wedding? Is that then included in the 'neutralisation' process?

The first step is getting married, then the medical and then you file the I-130/AOS package and the interview is the last step in the process.

"neutralisaion" I am sure refers to "naturalizations" --- that comes 3 years after you have your GC in hand, which is after the interview step above.

- Lastly after the marriage, what is the situation once my visa expires. I will be out of status for sure with how long the various processes take. Is this okay seen as i'm trying to apply to stay here with the future wife?

Once you file the I-130/AOS package, you enter a new period of authorized stay regardless of if your current status expires or not.

Edited June 4, 2012 by ChrisPG

[tcj 0]

The B2 visa is valid for a maximum entry of 6 months and that duration is up to the Officer at your POE. The visa may be valid for a year, but your entry will not be.

Again, you will not have 7 months remaining on a 6 month duration.

Yes. You can marry on the B2 and adjust your status by filing the I-130/AOS Package. No Need for a K1 or CR-1.

If she cannot prove that her income is above the 125% poverty guidelines set forth in Form I-864P, then you will need a joint sponsor who does meet the income requirements.

The first step is getting married, then the medical and then you file the I-130/AOS package and the interview is the last step in the process.

"neutralisaion" I am sure refers to "naturalizations" --- that comes 3 years after you have your GC in hand, which is after the interview step above.

Once you file the I-130/AOS package, you enter a new period of authorized stay regardless of if your current status expires or not.

Thankyou so much for the advice. For the sake of over complicating it just said 12 months. I am on a 6 month B2 but hoping to extend it to the full year within the next couple of weeks. I presume that is possible (under the grounds of still having more to see - which is true)? It seems to be from everything i've read

Also, how long is the typical new period granted once you have filed the I-130/AOS Package?

Edited June 4, 2012 by tcj

[ChrisPG 30]

Thankyou so much for the advice. For the sake of over complicating it just said 12 months. I am on a 6 month B2 but hoping to extend it to the full year within the next couple of weeks. I presume that is possible (under the grounds of still having more to see of course)? It seems to be from everything i've read

Also, how long is the typical new period granted once you have filed the I-130/AOS Package?

1) Do not assume anything, there are no guarantees that your extension will be granted. Be prepared to leave the country upon denial of your B2 extension.

2) Once you file the I-130/AOS package, you are legally authorized to remained in the U.S. until your case is adjudicated-- even with a B2 extension being denied.

I assume the girl is a USC?

Edited June 4, 2012 by ChrisPG

[ceadsearc 516]

Technically possible to extend, rarely approved. Not sure on the gray area of applying for an extension when you have intent to immigrate.

If I were you and you are sure you want to marry, I'd move up your timeline. Propose now, marry soon, secure a cosponsor because unless she has around 60K in savings her savings alone wont work for sponsorship. Good luck!

[tcj 0]

Technically possible to extend, rarely approved. Not sure on the gray area of applying for an extension when you have intent to immigrate.

If I were you and you are sure you want to marry, I'd move up your timeline. Propose now, marry soon, secure a cosponsor because unless she has around 60K in savings her savings alone wont work for sponsorship. Good luck!

The B2 extension is rarely approved? I was hoping i'd get an extension based on having more to see and having very limited time to do things due to a medical illness.

I'm feeling anxious about not getting an extension now.

[DandT14 272]

Someone jump in here who knows more than me, but I would guess that if you apply for an extension, get denied, THEN get married, you might have a problem. It might appear that you got married because your extension was denied.

That's what I'd be thinking if I were a cynical immigration official, anyway.

[him4life 13]

if i was in ur shoe, i wouldnt apply for an extention i would get marry and file my i130 package, then u will be here to finish seeing what u wanna see

[jdh 103]

Someone jump in here who knows more than me, but I would guess that if you apply for an extension, get denied, THEN get married, you might have a problem. It might appear that you got married because your extension was denied.

That's what I'd be thinking if I were a cynical immigration official, anyway.

That is true. You may be more heavily scrutinized because of it. It isn't cause in and of itself for AOS denial, just one of the red flags they look for.

I agree that if you are wanting to get married, just do it and file for your AOS.

[tcj 0]

I was hoping to have a longer engagement, that would be the ideal situation anyway. Thank you all so much for your advice!

I know this is probably slightly off topic now, but while I have some discussion going:

If I WERE to go the extension route would I really have lots of difficulty? It may be that I end up trying to get the extension for the year, going home with the fiancee after that period (for 6 months), applying for the K1 fiancee visa while at home, then coming back together to marry.

I have a doctors note from home stating I have a disability which limits my activity each day, plus I can supply proof I can continue to support myself, have a job to go home to, return flights etc. I know there is no hard and fast rule, but do you not think it likely i'd get a visa extension? It's really stressing me out now.

Again thank you so much for all your advice. it is appreciated more than I can convey.

[jdh 103]

I was hoping to have a longer engagement, that would be the ideal situation anyway. Thank you all so much for your advice!

I know this is probably slightly off topic now, but while I have some discussion going:

If I WERE to go the extension route would I really have lots of difficulty? It may be that I end up trying to get the extension for the year, going home with the fiancee after that period (for 6 months), applying for the K1 fiancee visa while at home, then coming back together to marry.

I have a doctors note from home stating I have a disability which limits my activity each day, plus I can supply proof I can continue to support myself, have a job to go home to, return flights etc. I know there is no hard and fast rule, but do you not think it likely i'd get a visa extension? It's really stressing me out now.

Again thank you so much for all your advice. it is appreciated more than I can convey.

I think it's more of a question of "should you" to which I would think the answer is no. At this point you have immigrant intent so I don't believe an extension of a tourist visa is appropriate...or legal.

Edited June 5, 2012 by jdh

[tcj 0]

I think it's more of a question of "should you" to which I would think the answer is no. At this point you have immigrant intent so I don't believe an extension of a tourist visa is appropriate...or legal.

My primary intention is still to travel. Whether we decide to live in England or the US is another matter. I intend to marry - yes, but we are undecided where to live as yet. I'm just weighing up my options. As far as i'm aware it's wholey legal but I appreciate your advice all the same.

[grrrrreat 109]

I am currently in the US on a B2 travel visa for a year from England. I have read a variety of topics online, but was hoping to get some sound advice from people who know lots about the process and perhaps have even been through it before.

I came to America with the intention of travelling while living with a girl I met online and had been talking regularly to for around a year and a half. Just before I arrived there was a mutual understanding that a relationship between us was likely - though obviously neither of us had any incling it would result in marriage. I have been visiting various places but during my time here (currently 3 months) i became certain that this was the girl I wanted to spend my life with.

I am hoping to propose around the 5 month mark, with a remaining 7 months on my visa. She is also keen to marry. What ever happens my main priority is not being apart. It would be terrible to have to be apart for any length of time. Now that I have given you the background I have a couple of questions:

- Firstly, can I marry on the B2 visa and forego the K1 fiancee visa seen as i'm already in the country? There is no hidden agenda here, we just don't want to be apart.

- Secondly, I have been a student and will have spent all of my savings on living here by the end of the 12 month period, and obviously being from England have no job here as of yet. My girlfriend is self employed with a start up and as such isn't getting much income at all, though she does have a large ammount of cash invested in her company. Will this be a big problem during the process? I could probably get backed by her via savings - would this still be an issue?

- Thirdly, if I were to forego the K1 process would I take the health checks, interviews to prove our relationship is genuine etc after the wedding? Is that then included in the 'neutralisation' process?

- Lastly after the marriage, what is the situation once my visa expires. I will be out of status for sure with how long the various processes take. Is this okay seen as i'm trying to apply to stay here with the future wife?

Thank you so much in advance for any help.

Tom

To get an extension of your B-2 status, you have to (1) explain your reasons, (2) show that you can support yourself without working, and (3) prove that you intend to leave the U.S. upon the expiration of the extension. In doing so, you will be creating a written record of evidence about your lack of intent to immigrate to the U.S.

You've suggested that you may desire to immigrate to the U.S. If you later apply to adjust your status to that of an immigrant, USCIS may investigate whether any of those statements you made were misrepresentations. Immigration fraud or misrepresentation is serious, and at a minimum you may be questioned regarding whether those statements were accurate when you made them. I realize you stated that you presently don't know where you want to live, but I would strongly reconsider applying for extension of your B-2 status if you think there's a chance that you may later apply to adjust your status.

If you want to get married, get married now and submit the I-130/I-485 to adjust your status to lawful permanent resident. If you decide that you want to live outside the U.S. later, you can abandon your LPR status.

[Noah Lot 391]

Thankyou so much for the advice. For the sake of over complicating it just said 12 months. I am on a 6 month B2 but hoping to extend it to the full year within the next couple of weeks. I presume that is possible (under the grounds of still having more to see - which is true)? It seems to be from everything i've read

Also, how long is the typical new period granted once you have filed the I-130/AOS Package?

Be sure to tell USCIS that you need the extension so you can marry and remain in the US....that will expedite their decision.

Someone jump in here who knows more than me, but I would guess that if you apply for an extension, get denied, THEN get married, you might have a problem. It might appear that you got married because your extension was denied.

That's what I'd be thinking if I were a cynical immigration official, anyway.

and those adjudicators thrive on cynicism.

The B2 extension is rarely approved? I was hoping i'd get an extension based on having more to see and having very limited time to do things due to a medical illness.

I'm feeling anxious about not getting an extension now.

Odd...."I am too sick to go home, but just well enough to continue to sight see...."...what sort of medical condition is this, that allows you to sightsee without limit, but for some reason prevents you from flying back home?

[tcj 0]

To get an extension of your B-2 status, you have to (1) explain your reasons, (2) show that you can support yourself without working, and (3) prove that you intend to leave the U.S. upon the expiration of the extension. In doing so, you will be creating a written record of evidence about your lack of intent to immigrate to the U.S.

You've suggested that you may desire to immigrate to the U.S. If you later apply to adjust your status to that of an immigrant, USCIS may investigate whether any of those statements you made were misrepresentations. Immigration fraud or misrepresentation is serious, and at a minimum you may be questioned regarding whether those statements were accurate when you made them. I realize you stated that you presently don't know where you want to live, but I would strongly reconsider applying for extension of your B-2 status if you think there's a chance that you may later apply to adjust your status.

If you want to get married, get married now and submit the I-130/I-485 to adjust your status to lawful permanent resident. If you decide that you want to live outside the U.S. later, you can abandon your LPR status.

Thankyou for the continued advice. As always I appreciate the input. I believe I have a legitimate reason to be here. My first and foremost reason for visiting the country when I first applied for my B2 was tourism. I want the extension for the continuation of my travelling - not to get married. As i showed in my first post I am more than happy to apply for a K fiancee visa, but I am aware plenty of people marry while under a B2 visa, so was simply questioning the feasibility of that as an option. The B2 visa extension is totally seperate to my future marriage - it was simply an off shot concern.

In terms of the B2 extension I was hoping for I can provide records of financial support of around £10,000 for 9 months, with the possibility of obtaining more should I need it, plus a letter of financial support for the entirety of the trip from my father.. I have legitimate reasons for needing longer, and can prove my ties back home via a job when I return, family ties etc as I could before.

Whilst I appreciate the advice from everyone and will heed the advice you have given me I felt your comments, Noah Lot were rude. I NEVER said I was too ill to return home. I have a long term illness which has ruined my life, and is certainly not some stupid ploy to deceive officials. It means I am limited to what I can perform each day. I stated that that was my reason for needing more time to travel due to not being able to do much each day (i have a letter from a professional in the field stating such).

I am just trying to evaluate my options here.