Marriage and existing B1/B2

[domwardbound 73]

Hey all.. I've done a pretty comprehensive search, but haven't found that answered my question exactly.

Foreigner already has B1/B2 multi-entry visa, and has already entered the US multiple times. If they were to come here, get married, and leave, would there be any problems? Is the purpose of visit considered tourism? What should be offered to the officer as the reason of visit? On this trip, the foreigner will also be visiting a sibling who is living here legally.

[kintu 4]

there will be no problem. i have had a similar situation as of yours.i married my wife in Feb and went back to Canada and keep coming to US (atleast Thrice).i always told them the truth that i am going to visit my wife.i never had any problems.Case, situation and how the Immigration Officer will judge you may vary.

[Andrea&Sergio 0]

Hey all.. I've done a pretty comprehensive search, but haven't found that answered my question exactly.

Foreigner already has B1/B2 multi-entry visa, and has already entered the US multiple times. If they were to come here, get married, and leave, would there be any problems? Is the purpose of visit considered tourism? What should be offered to the officer as the reason of visit? On this trip, the foreigner will also be visiting a sibling who is living here legally.

My husband and I got married here during one of his visits using his B2 visa. We had been planning a wedding in his home country but decided to get married spur-of-the-moment here first. He returned home a few days later and has come back to visit a few times, once being after I had already filed our I-130. He never had any problems coming and going, but always brought papers to prove he still has business and family interests in Mexico. The last time he came the Immigration Officer did caution him to not just decide to stay here, that this would cause problems for himself (duh), but since we are trying to do things by the book after our sudden marriage it's not a problem for us. Our petition was approved with no mention of the circumstances of the wedding being done here while he was on his tourist visa. Good luck to you!

[domwardbound 73]

My husband and I got married here during one of his visits using his B2 visa. We had been planning a wedding in his home country but decided to get married spur-of-the-moment here first. He returned home a few days later and has come back to visit a few times, once being after I had already filed our I-130. He never had any problems coming and going, but always brought papers to prove he still has business and family interests in Mexico. The last time he came the Immigration Officer did caution him to not just decide to stay here, that this would cause problems for himself (duh), but since we are trying to do things by the book after our sudden marriage it's not a problem for us. Our petition was approved with no mention of the circumstances of the wedding being done here while he was on his tourist visa. Good luck to you!

That's good to hear. I guess my question is - when your husband came, did he tell immigration that he was going to get married?

If someone is planning to come for tourism, get married during the visit, and then leave.. should the approach at the POE be just stating that the reason for visit is tourism (which it is), and leave it at that?

[Andrea&Sergio 0]

.. should the approach at the POE be just stating that the reason for visit is tourism (which it is), and leave it at that?

As long as you aren't having them fly in with a wedding dress as their carry on you should not have any problems passing customs and immigration. They are coming for tourism, state that and move on. There is nothing illegal in coming here to get married and returning to your home country to begin the IV process. From what I understand the problem comes if you enter on a tourist visa with the intention to marry then apply to adjust status while you live here beyond the time permitted on your B-2 visa. That's a whole other bowl of spaghetti.

[gamm3 13]

That's good to hear. I guess my question is - when your husband came, did he tell immigration that he was going to get married?

If someone is planning to come for tourism, get married during the visit, and then leave.. should the approach at the POE be just stating that the reason for visit is tourism (which it is), and leave it at that?

My husband did the same thing, but did not feel comfortable "lying" or "Ommiting" things from the immigration officer. Most likely they would never find out, but if they did it could cause lots of problems. My husband told the officer that he was coming to get married and he was sent to secondary inspection. In secondary inspection he explained that we both lived in Colombia and planned to return after the honeymoon to Colombia. The officer passed him through with no other problems. He was traveling with his parents and brought a lot of documentation on intent to return, but was not asked for any of it.

This is what the US Embassy in Bogota, Colombia sent me when I ask them this question.

Yes, it is allowed under B1/B2 to marry in the U.S. provided that the intention is to depart the U.S. soon thereafter, rather than remaining permanently.

9 FAM 41.31 N14.1-1 Fiancé(e) of U.S. Citizens or Permanent Resident Aliens

(CT:VISA-798; 03-23-2006)

An alien proceeding to the United States to marry a U.S. citizen is classifiable K-1 as a nonimmigrant under INA 101(a)(15)(K). (See 22 CFR 41.81.) The fiancé(e) of a U.S. citizen or lawful permanent resident (LPR) may, however, be classified as a B-2 visitor if you are satisfied that the fiancé(e) intends to return to a residence abroad soon after the marriage. A B-2 visa may also be issued to an alien coming to the United States:

(1) Simply to meet the family of his or her fiancé;

(2) To become engaged;

(3) To make arrangements for the wedding; or

(4) To renew a relationship with the prospective spouse.

[jaycali 415]

If the intent is to travel to the US, get married and leave, B-2 is the only appropriate visa. No problems there.