Doubts Regarding Petitioning my Future Fiance on Business Visa (B-1/B-2)

[US_ 0]

Hi There,
I am new to this forum, I apologize if I am posting in the wrong section. I am in a confused state of mind as to what to do next with my situation. I would appreciate if you guys can guide me and fill in the information I am missing. Please read the entire post, as I am divorced, and this would be my second marriage, and I have already petitioned for my first wife (which I withdrew the I-751 (petition to remove the conditions on a conditional green card) after I found out she was having an affair and was only in it for the green card. I gave the proof (emails) that I had to the USCIS when I withdrew the I-751)

I am a US citizen through naturalization (my uncle sponsored my dad's visa, and I was his dependent and got the green card approved when I was 18). I am planning on getting married sometime next year, and wanted to know how "hard" or how should I "proceed" in my situation to do the paper work for my girlfriend. She has a business visa (B-1/B-2) good until 2020 and visits the US few times a year staying a few months per visit. Can I marry her in the US when she comes here on a business visa? And then petition for her by filing I-130 (petition for a relative) along with I-864 (affidavit of support) and I-485 (her filing of adjustment of status)? Is that even a good idea, or am I going to make our lives harder by marrying her when she comes here on a business visa (which is a non-immigrant visa)? If this is a bad idea, can you suggest me a better path, along with how long that might take?

Can I sponsor for her a fiance visa? How long would that usually take? She is an Indian citizen by the way, and when she gets the fiance visa, We will get married when she gets here, and then we will apply for her adjustment of status. I do not know which is a better idea (and what are the pros or cons) or how long the fiance visa might take.

I was separated from my ex 1.5 years ago, and finalized the divorce 10 months ago. Will the USCIS be concerned that I might file a new petition (which I might file early next year for my girl friend) with in 1 year and 10 months from the time I withdrew our old joint I-751 petition? Is there usually a general rule of thumb for how long a US citizen has to wait to file a new petition for the new wife, after he withdrew the old I-751 for his ex?

I would really appreciate your answers and inputs.

Thank You.

[Andrea&Henry 311]

You are good to go with the 3 options! You can get marry here and adjust, or file for a fiance visa (waiting time: 6 to 11 month) or married her and file for a spouse visa (cr1 visa 7 to 12 month). Of course you can sponsor her, actually you must! But you need to reached the poverty line according to your household and dependants. If your income is not enough you can have a co sponsor. Dont worry about your divorced! As long as you are legally divorce a free to marry you are good to go. My now hubby got divorced on january 2011 and we filed my fiance visa on sept 2011. No problems at all

[Cathi 5,763]

entering the US with a non immigrant visa with the intent to marry and adjust status is illegal and carries a lifetime ban with no waiver or appeal.

[Andrea&Henry 311]

Correction: is not illegal to entering the country with the intention to marry is illegal overstaying without adjusting yoyr status. Hundred of vj member adjust daily from b1/b2 visas without issues

[Harpa Timsah 13,258]

No, you cannot do option 1. A B2 is not for immigrating, and making a plan to do so is illegal. Choose either the spousal visa option or the fiance option. Those are your legal choices.

[Andrea&Henry 311]

Yeah but why a lot of our members adjust every day from b1/b2 visas without issues? As far as I know you even told me that

-__-'

[US_ 0]

Does that mean, for the spousal visa I have to get married first to sponser her? And for fiance visa, does that really take that long (6-12 months)?

Andrea&Henry: Can you provide me a few links of what you are talking about (coming to US on B1/B-2 visa and getting married here and applying for change of status)?

[Harpa Timsah 13,258]

Yeah but why a lot of our members adjust every day from b1/b2 visas without issues? As far as I know you even told me that

-__-'

Because those people didn't have intent to immigrate on the visa when they entered the country. Usually that means that something happened after they entered, like they found out they were pregnant or got a surprise proposal. Actually what normally happens is a long overstay. It is illegal to enter the US with the intent to immigrate on a non-immigrant visa.

[C-ma'am 684]

**Post moved to General Immigration Related Discussion

[Ivy. 113]

My advice would be this:

Have her enter on B1/B2. Get married, file I-130 ASAP and have her stay as long as she can. When her passport stamp/work/whatever says she has to leave, she leaves and finishes the rest of the CR-1/IR-1 process in her country. Then once the immigrant visa is issued she can come back.

Her entering the country on a B-1/B-2 visa with the intention to stay and AOS is visa fraud and it is illegal. People have gotten away with that as well, but honestly, considering the possible punishment, I don't think anyone who is truly in love could risk it. I know I would not be willing to do it. Please do not follow this path.

If she leaves sooner than the max stay (6 months - 1 day in a year), she can come back and visit. I have been to the U.S. twice on a tourist visa before we started the immigration process. Her many comings and goings count in her favour.

Do not have her lie to the POE ICE officer. It is perfectly legal to enter on a tourist visa, get married and leave. Discuss the process with her and make sure she knows what and how has to be done. They will check. They asked me about it every time, I assume they took the fact that I knew what we have to do as one more proof that I will indeed leave the US and not AOS illegally.

CR-1/IR-1 or K-1 would be your only two options. Look at the pros and cons of each in the Guides (click) and decide what would be the best option for you. Ignore the K-3, they are obsolete at this point.

Good luck.

[US_ 0]

Ivy: Are you suggesting me to have her come here on B-1/B-2 visa and then marry her and file the I-130 petition (but NOT file the I-485 AOS) and when the I-130 gets approved, she will file for the IR-1/CR-1 when she gets back to India with a copy of the I-130 approval form? When she comes here on B-1/B-2 visa, can she tell the immigration officer at the POE that she is visiting US to get married and go back to India? Wouldn't that be illegal, and considering this situation, can the officer at the POE deny her from entering the country?

[Ivy. 113]

Ivy: Are you suggesting me to have her come here on B-1/B-2 visa and then marry her and file the I-130 petition (but NOT file the I-485 AOS) and when the I-130 gets approved, she will file for the IR-1/CR-1 when she gets back to India with a copy of the I-130 approval form? When she comes here on B-1/B-2 visa, can she tell the immigration officer at the POE that she is visiting US to get married and go back to India? Wouldn't that be illegal, and considering this situation, can the officer at the POE deny her from entering the country?

I am not saying she should wait for the I-130 approval (NOA 2). If she wants to be let back in the U.S., she would probably not be able to wait that long. I am saying she should visit (not move!) as long as she can and then go back to her country and finish the process from there.

She can tell the ICE officer exactly that. What she wants to do it legal. However, if they believe her or not is up to the officer. She may not be let in if they fear she already has immigrant intentions. That is why it would be good if she had a letter from employer saying when she is expect back, or a lease to her apartment or something.

[Cathi 5,763]

Correction: is not illegal to entering the country with the intention to marry is illegal overstaying without adjusting yoyr status. Hundred of vj member adjust daily from b1/b2 visas without issues

wrong, before throwing advice around, you need to know your facts. Coming the the US on a b1/b2 visa with the intent to marry and adjust status is illegal, end of story. The people you see here that do it, are people who did not intend to stay before they entered. There is a big difference

Edited June 25, 2013 by mimolicious

[Cathi 5,763]

Yeah but why a lot of our members adjust every day from b1/b2 visas without issues? As far as I know you even told me that

-__-'

the people who do it did not PLAN to do it before entering the country, intent was NOT there. There is a difference between someone entering the country and knowing they will try to adjust status before they enter(intent), than someone who was not planning to get married before they entered. Obviously the OP has intent because he stated it.

[amberlynnloves 125]

Options:

1. File for K1 Fiancee Visa. Takes 6-12 months.

2. Get married in HER country, come back to the USA yourself, file for CR1 spousal visa.

If she comes here on a B2 visa, with the intention of marrying you, it is VISA FRAUD. Carries lifetime ban. No waivers or appeal. You'd be looking at moving to her country. I'd rather spend 12 months apart doing the fiancee visa then the first year of marriage apart. That's why we did ours that way.

Definitely was NOT worth the risk. Small amount of time compared to the rest of our lives. We've already forgotten about the wait. We have the rest of our lives together.