Marriage on a B2 Visa

[jdh 103]

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...

I am just trying to evaluate my options here.

I think you are misunderstanding the way in which USCIS determines things like this.

You view it in black and white - that's not how they work.

Let me break down your post in the the way USCIS will:

"I believe I have a legitimate reason to be here." I don't care what you believe.

"My first and foremost reason for visiting the country when I first applied for my B2 was tourism." Your first reason for visiting isn't in question...irrelevant.

" I want the extension for the continuation of my travelling - not to get married." You are getting married?

"As i showed in my first post I am more than happy to apply for a K fiancee visa..." You may be applying for a K Visa?

You have intent to immigrate. Case closed.

"The B2 visa extension is totally seperate to my future marriage.." There is no such thing as seperate. You have intent. Extension denied, red flag raised.

See what we are saying?

[JohnR! 5,495]

1338781404[/url]' post='5416394']:

- 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

You can get married on the B2 visa. There is no impediment to that provided you did not come to the US with the intention of getting married. Under that scenario you could apply for AOS after your weeding. There is a drawback which is that this route is quite often the referred way for many visa scammers so chances are that you may end up going through the more rigorous inspections. On a positive note, if your relationship is legit, you have nothing to fear.

If you get married, you will be required to go through a process to adjust your status in the US. That should end up in a green card which is only a permit to live and work in the US. Naturalization is an option you have down the road after a couple of years after becoming a resident.

Her financial situation will come into play as she will have to sign an Affidavit of (financial) Support as part of your obtaining your green card. On a positive note if she does not derive enough earnings to be a sole sponsor, she may ask for someone else to be your co-sponsor.

Lastly, you will be out of status once your visa expires, unless (if) you get married and apply for you to become a legal permanent resident.

Obtaining an extension of your B2 visa is not impossible nor is it as hard as some here believe, but there is no guarantee that it will be granted so you should not count on that as a done deal.

Good luck!

[tcj 0]

After thinking about all the advice I have been given (thankyou everyone) I have decided not to apply for a visa extension after all. I think I will return home for a month after my visa is up for the fiancee to meet my family & visit England - return to America for 90 days under the VWP before finally going back to England together while the K fiancee visa is processed for us to marry.

My final question to you all is - after having a 6 month B2 visa, will I be likely to be re-admitted under the VWP as long as I can prove I want to return, can support myself etc as usual?

[tcj 0]

You can get married on the B2 visa. There is no impediment to that provided you did not come to the US with the intention of getting married. Under that scenario you could apply for AOS after your weeding. There is a drawback which is that this route is quite often the referred way for many visa scammers so chances are that you may end up going through the more rigorous inspections. On a positive note, if your relationship is legit, you have nothing to fear.

If you get married, you will be required to go through a process to adjust your status in the US. That should end up in a green card which is only a permit to live and work in the US. Naturalization is an option you have down the road after a couple of years after becoming a resident.

Her financial situation will come into play as she will have to sign an Affidavit of (financial) Support as part of your obtaining your green card. On a positive note if she does not derive enough earnings to be a sole sponsor, she may ask for someone else to be your co-sponsor.

Lastly, you will be out of status once your visa expires, unless (if) you get married and apply for you to become a legal permanent resident.

Obtaining an extension of your B2 visa is not impossible nor is it as hard as some here believe, but there is no guarantee that it will be granted so you should not count on that as a done deal.

Good luck!

Thank you so much for the easy to understand and friendly advice Greatly appreciated. Thank you for taking so much time to reply so thoroughly

[Harpa Timsah 13,258]

I don't believe you can travel on the VWP when you have a B2. Why would you want to; what advantage do you see?

[JohnR! 5,495]

1339039029[/url]' post='5425646']

I don't believe you can travel on the VWP when you have a B2. Why would you want to; what advantage do you see?

The max stay under the VWP is 90 days whereas on a B visa one can be permitted to stay in the US for up to 6 months.

[Harpa Timsah 13,258]

The max stay under the VWP is 90 days whereas on a B visa one can be permitted to stay in the US for up to 6 months.

I am well aware of this very obvious difference between B2 and VWP. The person is here on a B2 and wants to leave and come back on the VWP.

My question to the OP is why do they think they can't return on the B2 for a visit. Alternatively, what supposed advantage do they see to entering on the VWP? I don't think a person with a B2 can enter on the VWP, because they have a visa in their passport.

[JohnR! 5,495]

1339078460[/url]' post='5427541']

I am well aware of this very obvious difference between B2 and VWP. The person is here on a B2 and wants to leave and come back on the VWP.

My question to the OP is why do they think they can't return on the B2 for a visit. Alternatively, what supposed advantage do they see to entering on the VWP? I don't think a person with a B2 can enter on the VWP, because they have a visa in their passport.

Oh brother... I misunderstood your question! Sorry!!!!!!

[grrrrreat 109]

After thinking about all the advice I have been given (thankyou everyone) I have decided not to apply for a visa extension after all. I think I will return home for a month after my visa is up for the fiancee to meet my family & visit England - return to America for 90 days under the VWP before finally going back to England together while the K fiancee visa is processed for us to marry.

My final question to you all is - after having a 6 month B2 visa, will I be likely to be re-admitted under the VWP as long as I can prove I want to return, can support myself etc as usual?

When does your B-2 visa expire? Is it a multi-entry visa? I worry you are confusing the expiration of your I-94, which is what provides the expiration date of each particular visitor stay, with the expiration of your B-2 visa, which may be longer than 6 months. If you have an unexpired, multi-entry B-2 visa, you can use it again to enter the U.S. instead of the VWP. I've seen multi-entry B-2s that last 10 years.

I am well aware of this very obvious difference between B2 and VWP. The person is here on a B2 and wants to leave and come back on the VWP.

My question to the OP is why do they think they can't return on the B2 for a visit. Alternatively, what supposed advantage do they see to entering on the VWP? I don't think a person with a B2 can enter on the VWP, because they have a visa in their passport.

I think he's confusing expiration of his I-94 with expiration of his B-2 visa, although it's possible that he only had a single-entry B-2 visa or his visa has expired.

In any case, I am not aware of a rule barring a B-2 visa holder from using VWP as long as the B-2 hasn't been revoked and there hasn't been an overstay. It just wouldn't make sense to use VWP if you already have an unexpired, multi-entry B-2.

Edited June 7, 2012 by grrrrreat

[Harpa Timsah 13,258]

It just seems odd. Do you really think if a person from a VWP country with a B2 came to CBP and said "please, let me enter on VWP! Ignore the B2 visa!" they would allow it? I expect they would laugh and stamp the passport with a B2 entry.

But you are right, the OP seems confused about something.

[grrrrreat 109]

It just seems odd. Do you really think if a person from a VWP country with a B2 came to CBP and said "please, let me enter on VWP! Ignore the B2 visa!" they would allow it? I expect they would laugh and stamp the passport with a B2 entry.

Hmmm. Not sure. I suppose if you had already gotten an ESTA, CBP might just scan your passport and move on unless there was some indicator in their system that you were a B-2 holder or they specifically saw the B-2 page. Very odd though; think he is either confused or for some reason he got a B-2 that only lasts six months, which is possible.