Getting Married on a B1/ B2 visa, should I got a lawyer?

[Maria2012 16]

Hello. I am new to this so please forgive me if I ask a question that's been asked a million times. I am planning on getting married on a tourist visa , about 7 weeks after my last entry in the US. I have multiple entries in the US in the last 3 years on both C1D and B1/B2 visas. I have extensive proof that my bf and I have a legitimate relationship . We met outside US and we both work at sea. My questions are

After marriage can I do my immigration papers myself or would it be better to get a lawyer?

Would a lawyer make things go faster?

How long should I expect it would take until I get the right to work and the right to leave and come bsck in the US without problems

Also , if I plan to take his name , should I change my passport immediately?

Thank you for your help !

[Harpa Timsah 13,258]

It sounds like you are not currently in the US. It is illegal to enter the US with the intent to immigrate.

Furthermore, AOS sounds like a bad option for you if you work at sea. You would be stuck in the US for many months, unable to leave without abandoning the process and starting over.

Why not get married in the US, then file for a CR-1 visa and continue to work on ships and then enter the US as a permanent resident when all is said and done?

[didopage 337]

Not sure if I understood: Are you in the US right now? When did you decide to get married and stay in the US? The problem with getting married on a tourist visa is that if you had or not the intention to stay and live in the US when you enter the US with your tourist visa.

You can do the paperwork yourself, it's not that complicated if you make sure to follow the instructions and review everything carefully. A lawyer won't make things going faster, the USCIS mostly decide how long it will take. If you prepare your paperwork correctly, you have little power that things will be smoother.

Work and travel authorization timelines are independent to the Adjustment of status application. They are usually approved in 2-3 months.

No need to change your passport right after your marriage, but make sure to take a copy of your marriage certificate with you when you'll travel (with a travel authorization for sure). You'll fill in all your paperwork with your new married name so all your immigration related documents (work/travel authorization, green card) will have your new name. The marriage certificate will be your proof of name change.

[Maria2012 16]

It sounds like you are not currently in the US. It is illegal to enter the US with the intent to immigrate.

Furthermore, AOS sounds like a bad option for you if you work at sea. You would be stuck in the US for many months, unable to leave without abandoning the process and starting over.

Why not get married in the US, then file for a CR-1 visa and continue to work on ships and then enter the US as a permanent resident when all is said and done?

I enter US a few times a year. Right now I am not in the US but will return in a couple of weeks and would like to get married in January.. I don't enter the US with the intent to get married, I enter it because my bf and I live in the US between contracts and eventually we will need to get married.

I am not concerned if we need to be on land for a few months, we can afford a long break

I just looked into CR-1 visa . It looks like the fact that you apply for it might prevent you from entering US as a tourist or on a C1D visa. Does not look like a reasonable option....

Edited October 24, 2012 by Maria2012

[kzielu 1,149]

In addition, if you admitted under C/D visa, then your AoS will be denied. Recently read a case on other forum where someone was not allowed by CBP to use B1/B2 visa and admitted under C/D, then her AoS was denied.

[Maria2012 16]

Not sure if I understood: Are you in the US right now? When did you decide to get married and stay in the US? The problem with getting married on a tourist visa is that if you had or not the intention to stay and live in the US when you enter the US with your tourist visa.

You can do the paperwork yourself, it's not that complicated if you make sure to follow the instructions and review everything carefully. A lawyer won't make things going faster, the USCIS mostly decide how long it will take. If you prepare your paperwork correctly, you have little power that things will be smoother.

Work and travel authorization timelines are independent to the Adjustment of status application. They are usually approved in 2-3 months.

No need to change your passport right after your marriage, but make sure to take a copy of your marriage certificate with you when you'll travel (with a travel authorization for sure). You'll fill in all your paperwork with your new married name so all your immigration related documents (work/travel authorization, green card) will have your new name. The marriage certificate will be your proof of name change.

I will be back in the US in a couple of weeks. We talked about getting married a few months ago and now we have a longer vacation so we thought it would be a good time to get married.

I have entered US on a tourist visa about 5 times in 2012 . I could have gotten married then if that was my purpose of entry but it is not, the reason I enter US is to be close to my partner

[didopage 337]

Problem is not if you enter the US with the intent to get married, but with the intent to get married AND adjust your status to get a green card (meaning, immigrate). Entering with your tourist visa, getting married AND adjusting your status is, as said, visa fraud.

I agree that a spousal visa is a better option for you. It takes a while to get it, but you will become a permanent resident as soon as you'll enter the US with your spousal visa (and so, will be able to work and travel freely once you receive your green card shortly after your entry). So, get married (in the US if you want), but leave the US then, and have your spouse starts the spousal visa process for you (it starts with filing the I-130 petition). More info here: http://www.visajourney.com/content/i130guide1

Edited October 24, 2012 by didopage

[Maria2012 16]

In addition, if you admitted under C/D visa, then your AoS will be denied. Recently read a case on other forum where someone was not allowed by CBP to use B1/B2 visa and admitted under C/D, then her AoS was denied.

AOS was denied for someone who got married while in the US on a C1D visa? Is this what you said?sorry I don't speak the visajourney language yet : )

[Maria2012 16]

Problem is not if you enter the US with the intent to get married, but with the intent to get married AND adjust your status to get a green card (meaning, immigrate). Entering with your tourist visa, getting married AND adjusting your status is, as said, visa fraud.

I agree that a spousal visa is a better option for you. It takes a while to get it, but you will become a permanent resident as soon as you'll enter the US with your spousal visa (and so, will be able to work and travel freely once you receive your green card shortly after your entry). So, get married (in the US if you want), but leave the US then, and have your spouse starts the spousal visa process for you (it starts with filing the I-130 petition). More info here: http://www.visajourney.com/content/i130guide1

Why is spousal visa better if it means we will be apart for a long time? I read about people who marry on b1 /b2 and never have to leave their new spouse. Why is my situation different. Isn't the fact that I am often entering US and leaving an indicator I had no intent to immigrate?

Edited October 24, 2012 by Maria2012

[didopage 337]

Why is spousal visa better if it means we will be apart for a long time? I read about people who marry on b1 /b2 and never have to leave their new spouse. Why is my situation differentz. Isn't the fact that I am ofter entering US and leaving an indicator I had no intent to immigrate?

No, people you don't have problem are the ones that enter the US with the intent to visit only... then decide to get married when they are in the US and change their plans while being there. You are not in the US, and you have obviously the intent to get married and immigrate. If you do it with your visitor visa, you're committing fraud.

Your previous entries in the US don't matter, What matter is that if you'll have or not the intent to immigrate when you'll enter in January to get married with your boyfriend.

A spousal visa is the legal path for you, and yes, that means waiting for a certain time. That's the rule. Nobody wants to stay away from their loved ones, but there are rules. Follow them and you'll be fine, or commit fraud and only blame yourself if you're banned in the future. I don't want to be mean, just trying to explain you how it works.

Ask yourself why are there such visas as spousal or fiance ones if everybody could just enter the US with a visitor visa with the intent to get married an immigrate, and adjust their status legally. That's because it's illegal.

Edited October 24, 2012 by didopage

[Harpa Timsah 13,258]

You can continue to visit while the CR-1 is processing. You cannot pretend to have a spontaneous wedding when you clearly are planning this beforehand.

[Maria2012 16]

You can continue to visit while the CR-1 is processing. You cannot pretend to have a spontaneous wedding when you clearly are planning this beforehand.

Nobody can prove we planned this ahead. Especially that I will already be in the US almost 2 months at the time we apply for the wedding license. If others can do it so we can we !

[LeftCoastLady 441]

Nobody can prove we planned this ahead. Especially that I will already be in the US almost 2 months at the time we apply for the wedding license. If others can do it so we can we !

You have an entire thread on a public website stating your intention.

[Maria2012 16]

You have an entire thread on a public website stating your intention.

An annonymous thread

[Austramerican 83]

An annonymous thread

Its actually cheaper and better for you to file for the spouse visa, since the fee for adjusting status is $1070 and is also illegal for what you are trying to do, you are unnecessarily risking your future. Whereas you can get married, file the spouse visa and continue to work and visit as normal while its processing. Without having to pay $1070. So its actually kinda stupid to even consider what you're trying to do...