Visitor Visa can we get married now?

[Doncito 1]

My fiance is here on a B-2, 6 month Visitor Visa. Can we get married now and apply directly for an Adjustment of Status without having to file for the K-1 Visa? thanks....

[C-ma'am 684]

**Moved from K1 to General Immigration Related Discussion as the question is not really about a K1 process, but rather about the possibilities of AOSing from a visitors visa

[Doncito 1]

**Moved from K1 to General Immigration Related Discussion as the question is not really about a K1 process, but rather about the possibilities of AOSing from a visitors visa

So Celeste and C, do you have an answer to my question?

[Asia 2,498]

My fiance is here on a B-2, 6 month Visitor Visa. Can we get married now and apply directly for an Adjustment of Status without having to file for the K-1 Visa? thanks....

Did she came to the US with intent to use a tourist visa to get married and AOS?

If yes, the answer is no, you can't do that. That would be a visa fraud.

I read in some other thread your question about K-1. Have you started the process already? If yes, and you abandon it now, to use a tourist visa to AOS, that would also be a visa fraud, I guess.

Edited October 4, 2012 by Asia

[C-ma'am 684]

So Celeste and C, do you have an answer to my question?

As a matter of fact I do:

Yes you can marry her while she is here but, to do things right, she will have to go back to Mexico after marriage and you will have to file a petition for a spousal visa.

You can Adjust Status from her B2 visa. As Asia said, it all comes down to intent. Coming into the country with the INTENT to marry on a B2 visa is considered visa fraud.

I also read your topic about filing a K1 petition. Did you?

Marry, let her go back to Mexico, complete de CR1 visa, and she'll come back to you with a Green Card as a permanent resident next time.

And I'm sorry if I didn't give you this reply when you wanted it yesterday, but I had other businesses to attend to as soon as I moved your post. Be patient, sometimes some of us are here more often and some other times we aren't.

[Doncito 1]

Thanks for your input, no rush. I haven't mailed the K-1 application yet because I haven't decided what is the best way to go. It seems that the safest thing to do is file the K-1 application now, she will then have to return on February 3rd of 2013. She will then apply to renew her B-2 while we are waiting for approval on the K-1. From what I've read on the USCIS website, they appear to look more skeptically on the CR-1 following a spouse going to U.S. on a B-2 and getting married. Though she did not intend to come here for marriage. It seems like it might appear more "up and up" to file for K-1 and while waiting she can return home and renew her B-2. what are your thoughts? thanks much for your expertise....Don

As a matter of fact I do:

Yes you can marry her while she is here but, to do things right, she will have to go back to Mexico after marriage and you will have to file a petition for a spousal visa.

You can Adjust Status from her B2 visa. As Asia said, it all comes down to intent. Coming into the country with the INTENT to marry on a B2 visa is considered visa fraud.

I also read your topic about filing a K1 petition. Did you?

Marry, let her go back to Mexico, complete de CR1 visa, and she'll come back to you with a Green Card as a permanent resident next time.

And I'm sorry if I didn't give you this reply when you wanted it yesterday, but I had other businesses to attend to as soon as I moved your post. Be patient, sometimes some of us are here more often and some other times we aren't.

I haven't mailed the K-1 application yet because I haven't decided what is the best way to go. It seems that the safest thing to do is file the K-1 application now, she will then have to return on February 3rd of 2013. She will then apply to renew her B-2 while we are waiting for approval on the K-1. From what I've read on the USCIS website, they appear to look more skeptically on the CR-1 following a spouse going to U.S. on a B-2 and getting married. Though she did not intend to come here for marriage. It seems like it might appear more "up and up" to file for K-1 and while waiting she can return home and renew her B-2. what are your thoughts? thanks much for your expertise....Don

Did she came to the US with intent to use a tourist visa to get married and AOS?

If yes, the answer is no, you can't do that. That would be a visa fraud.

I read in some other thread your question about K-1. Have you started the process already? If yes, and you abandon it now, to use a tourist visa to AOS, that would also be a visa fraud, I guess.

[C-ma'am 684]

Here http://www.visajourney.com/content/compare I need to leave so I'll write more later, but in the meantime, check out the chart. Don't pay attention to the K3 option (it's an obsolete visa that gets processed as CR1)

The spousal visa is cost effective and she wouldn't have to AOS after entering the US, which could be beneficial for you and less paperwork down the road.

We did the K1 because it was convenient for our situation, not because of times or costs.

[C-ma'am 684]

Thanks for your input, no rush. I haven't mailed the K-1 application yet because I haven't decided what is the best way to go. It seems that the safest thing to do is file the K-1 application now, she will then have to return on February 3rd of 2013. She will then apply to renew her B-2 while we are waiting for approval on the K-1. From what I've read on the USCIS website, they appear to look more skeptically on the CR-1 following a spouse going to U.S. on a B-2 and getting married. Though she did not intend to come here for marriage. It seems like it might appear more "up and up" to file for K-1 and while waiting she can return home and renew her B-2. what are your thoughts? thanks much for your expertise....Don

I haven't mailed the K-1 application yet because I haven't decided what is the best way to go. It seems that the safest thing to do is file the K-1 application now, she will then have to return on February 3rd of 2013. She will then apply to renew her B-2 while we are waiting for approval on the K-1. From what I've read on the USCIS website, they appear to look more skeptically on the CR-1 following a spouse going to U.S. on a B-2 and getting married. Though she did not intend to come here for marriage. It seems like it might appear more "up and up" to file for K-1 and while waiting she can return home and renew her B-2. what are your thoughts? thanks much for your expertise....Don

Ok so. I'm my opinion, your best courses of action are a K1 or a CR1.

Yes, adjusting status from a B2 visa happens every day, but there are risks and and things you cannot control. I, wouldn't want to jeopardize it and it sounds like you wouldn't either.

Renewing a B2 visa while there is a K1 or a CR1 process in motion is almost impossible, because with either one of these two visas, there's a clear intent to immigrate and the Consular Officers see that as a big red flag. Some exceptions may have been made, but they are certainly not the rule; and obtaining a B2 visa at those stages is almost impossible. You are free to try, but remember two things: 1) the fee will have to be paid and it's non refundable 2) If her renewal gets rejected, it will have no impact of the K1 or CR1 (so, this is good).

So, your options are:

1) Marry now while she's with you, she goes back home, you file a CR1 petition. She comes back, she doesn't have to adjust status because she'll return as a Permanent Resident. [Don't know if you can file while she's here with you. You can ask in the CR1 forum - Maybe you can and she can stay until her time is up on the I-94 and you can spend time together while the ball is rolling]

2) Don't marry. You can even file the K1 while she's here in the US with you. She goes home and awaits her interview. Visa gets granted, she comes back, you get married, she adjusts status and becomes a Permanent Resident

3) Marry now and adjust from B2, being completely aware of possible complications (many have do/done it and have been successful)

Whatever you decide, do not let her overstay her B2

Edited October 5, 2012 by Celeste & C

[Doncito 1]

Thanks so much for your input...Very helpful and I appreciate it very much... I will check on the CR-1 forum and if she can remain here until the end date of her B-2 (Feb. 3) I will file the CR-1 and when she returns to Mexico on Feb 3rd will hope there isn't a lot of time between then and the approval of the CR-1. Does that seem reasonable to you? Am I missing anything? Thanks again!!

Ok so. I'm my opinion, your best courses of action are a K1 or a CR1.

Yes, adjusting status from a B2 visa happens every day, but there are risks and and things you cannot control. I, wouldn't want to jeopardize it and it sounds like you wouldn't either.

Renewing a B2 visa while there is a K1 or a CR1 process in motion is almost impossible, because with either one of these two visas, there's a clear intent to immigrate and the Consular Officers see that as a big red flag. Some exceptions may have been made, but they are certainly not the rule; and obtaining a B2 visa at those stages is almost impossible. You are free to try, but remember two things: 1) the fee will have to be paid and it's non refundable 2) If her renewal gets rejected, it will have no impact of the K1 or CR1 (so, this is good).

So, your options are:

1) Marry now while she's with you, she goes back home, you file a CR1 petition. She comes back, she doesn't have to adjust status because she'll return as a Permanent Resident. [Don't know if you can file while she's here with you. You can ask in the CR1 forum - Maybe you can and she can stay until her time is up on the I-94 and you can spend time together while the ball is rolling]

2) Don't marry. You can even file the K1 while she's here in the US with you. She goes home and awaits her interview. Visa gets granted, she comes back, you get married, she adjusts status and becomes a Permanent Resident

3) Marry now and adjust from B2, being completely aware of possible complications (many have do/done it and have been successful)

Whatever you decide, do not let her overstay her B2

[C-ma'am 684]

Thanks so much for your input...Very helpful and I appreciate it very much... I will check on the CR-1 forum and if she can remain here until the end date of her B-2 (Feb. 3) I will file the CR-1 and when she returns to Mexico on Feb 3rd will hope there isn't a lot of time between then and the approval of the CR-1. Does that seem reasonable to you? Am I missing anything? Thanks again!!

Sounds very reasonable to me, Don! Best of luck on whatever you decide to do!

You know we have forums dedicated to each of those visas, so next time, you should post on the one you decided on