Married on b2 , now what

[Greenman101 0]

Hello guys,

Thanks for reading and helping out.

Basically I am an Indian citizen working in UK. My family met a girl on one of the online matrimonial websites on April 2012. Then we started talking from that April, fell in love, visited her first for a week in August 2012. That month onwards, I used to go and visit her for a week every month from UK. Last January, when I went there, while she was coming to pick me up from Airport, some one jumped in front of her car and he died eventually. Even though she was declared not guilty by the police, she was in great stress. We married that weekend because I did not want her to be alone what ever which could be happening about the accident.

Our plan was to apply for consular processing and then after our ceremonial marriage in June, in India, I could come on b2 with her and apply fro AOS from US.

Now I realised that it is illegal to enter US on h2 visa to intention to marry.

When we married in US, we only had the minister and witness. We didnt invite any one, but we did go for a short honey moon for 2 days, and I have extended my stay from 1 week to 3 weeks that time.

Now the question is

what is the best option?

COnsular processing > Marriage in India > Coming back to US on b2 > Applying for AOS

or

Marriage in India > COming on b2 > Applying for AOS

Thanks once again

[hmh33 117]

Which country are you in at the moment?

[aaron2020 11,651]

Hello guys,

Thanks for reading and helping out.

Basically I am an Indian citizen working in UK. My family met a girl on one of the online matrimonial websites on April 2012. Then we started talking from that April, fell in love, visited her first for a week in August 2012. That month onwards, I used to go and visit her for a week every month from UK. Last January, when I went there, while she was coming to pick me up from Airport, some one jumped in front of her car and he died eventually. Even though she was declared not guilty by the police, she was in great stress. We married that weekend because I did not want her to be alone what ever which could be happening about the accident.

Our plan was to apply for consular processing and then after our ceremonial marriage in June, in India, I could come on b2 with her and apply fro AOS from US.

Now I realised that it is illegal to enter US on h2 visa to intention to marry.

When we married in US, we only had the minister and witness. We didnt invite any one, but we did go for a short honey moon for 2 days, and I have extended my stay from 1 week to 3 weeks that time.

Now the question is

what is the best option?

COnsular processing > Marriage in India > Coming back to US on b2 > Applying for AOS

or

Marriage in India > COming on b2 > Applying for AOS

Thanks once again

You are already married, so remarrying in Inda is unnecessary.

If you are currently in the US, then adjust an wait for AP before leaving.

If you are currently outside the US, then apply for a spousal visa to immigrate to the US. This will take 6-12 months before you get the visa. Using any other visa to enter the US and stay permanently is visa fraud. So using a B-2 visa to enter the US with the intwntion to AOS is visa fraud. The only proper visa is a spousal visa.

Edited March 5, 2013 by aaron2020

[Owen_London 65]

Now I realised that it is illegal to enter US on h2 visa to intention to marry.

When we married in US, we only had the minister and witness. We didnt invite any one, but we did go for a short honey moon for 2 days, and I have extended my stay from 1 week to 3 weeks that time.

Now the question is

what is the best option?

COnsular processing > Marriage in India > Coming back to US on b2 > Applying for AOS

or

Marriage in India > COming on b2 > Applying for AOS

Thanks once again

I'm afraid your plan is illegal. It is not illegal to enter on a non-immigrant visa with intent to marry, but it is illegal to enter on a non-immigrant visa with intent to immigrate.

You are already married. Therefore, what you need to do is to apply for a CR-1 visa from the US embassy in your current country of residence, which I'm guessing is the UK. This will take several months to process, but after this you can enter the US as an immigrant.

You should be able to have the ceremonial wedding in India any time you want, though you might want to check that with people on the regional forum here that covers India.

[ValerieA 350]

The big question (as aaron 2020 already stated) is where you are right at this moment. Are you in the US? In that case, AOS and once that is done you can go to India and have your ceremonial wedding. Otherwise, you will have to apply for a CR-1 visa to allow you to immigrate to the US, which will take considerably longer.

[Greenman101 0]

I am in UK at the moment. Our wedding is planned on June.

We can't really live in two continents after the marriage.

If we apply for consular processing from India, can I still go see her on my valid b2 while it's been processed?

I am in UK at the moment. Our wedding is planned on June.

We can't really live in two continents after the marriage.

If we apply for consular processing from India, can I still go see her on my valid b2 while it's been processed?

[Owen_London 65]

I am in UK at the moment. Our wedding is planned on June.

We can't really live in two continents after the marriage.

I'm not sure what you mean by this. I'm afraid you have to until the visa comes through. Maybe she could come to visit you in India or the UK, providing that country allows her entry?

If we apply for consular processing from India, can I still go see her on my valid b2 while it's been processed?

Usually, yes. You will need to not overstay the length of trip allowed under your B2, and you will need to return to India (or the UK if you apply for processing there) for the medical and interview. Also, bear in mind that when you arrive in the US the CBP agent is allowed to refuse entry if he or she thinks you will try to remain the country. Others can tell you more about how to prepare for this.

[Greenman101 0]

Thanks guys. Now things are clearer for me.

[Greenman101 0]

Now, what I am planning is to apply for CR 1 visa immediately , then go to India , get married, fly back with her to US for a short honey moon for about a month since she don't have that duration of time as her vacation, get back to UK, wait until my CR 1 gets approved and then immigrate to US. Anything illegal in that?

Or should I go for consular processing? Could I be able to travel on b2 to US while consular processing is going on? Stastically, which is the fastest method? consular processing or CR 1 visa ?

A word, this website and you guys are so amazing. We are both relieved after reading those posts.

[Owen_London 65]

Now, what I am planning is to apply for CR 1 visa immediately , then go to India , get married, fly back with her to US for a short honey moon for about a month since she don't have that duration of time as her vacation, get back to UK, wait until my CR 1 gets approved and then immigrate to US. Anything illegal in that?

No, that is legal, and will be fine. When you go to the US, you should bring evidence that you're applying for the visa, make sure you have a return ticket, and other evidence you have that shows you will be going to the UK when you say. You should probably check the "Yes you can visit!" thread for more info, here: Link

Or should I go for consular processing? Could I be able to travel on b2 to US while consular processing is going on? Stastically, which is the fastest method? consular processing or CR 1 visa ?

A word, this website and you guys are so amazing. We are both relieved after reading those posts.

What exactly do you mean by "consular processing"?

Edited March 7, 2013 by Owen_London

[Greenman101 0]

My bad Owen, it's basically the same

[Owen_London 65]

My bad Owen, it's basically the same

OK, no problem.

Check the link I edited in my last post on travelling while the application is in process, too. It's not something I know much about, since it doesn't apply to me, but there should be plenty of info there.