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

[Martyshk 137]

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.

GRrrrrrrrrrrrrrrrrrrrrrrrrr....

No, it's not visa fraud if she does not intend to stay here and adjust status.

There is nothing wrong with coming here, getting married, then going back to your home country and filing a spousal visa.

Out of everyone who had replied to this thread I have found 2!!! sound pieces of advice, the rest are just misinforming the OP.

Edited June 25, 2013 by Martyshk

[amberlynnloves 125]

What is the sole purpose of a business visa? To do business. I'm sorry but getting married while on business doesn't happen at the drop of a hat. She'd have to tell the CO that she was coming here for business in order to get married. That would constitute a lie if she is coming here to get married. Seems like OP's best option is to do fiancee visa. That would be the clearest option without the chance of having her intent questioned. Just saying that if she shows up at the airport with a wedding dress for business trip to the USA shes going to have someone question her intent. Doesn't look good at all.

[Ivy. 113]

What is the sole purpose of a business visa? To do business.

The OP stated his fiancee has a double intent visa: B-1/B-2. Look it up on US Department of state website:

Visitor visas are nonimmigrant visas for persons who want to enter the United States temporarily for business (visa category B-1), tourism, pleasure or visiting (visa category B-2), or a combination of both purposes (B-1/B-2).

She can use it to enter, get married and leave.

The only thing that is important is nonimmigrant intent. I received my last B-2 visa after telling the CO I wanna go visit my fiancee, marry him later in my country and then continue to visit my (future) husband while I finish my Graduate School in Croatia. I was granted a 10 year B-2 visa, after having had two much shorter B-2 visas (6 months/M and 3 months/1).

I also used my B-2 three weeks after the wedding when I told POE ICE officer I was visiting my American husband. They asked why I was not immigrating via spouse visa, I explained about my school. They asked me the name of the visa I will be applying for later, when I answered correctly they let me in.

The only thing she needs to prove is applying with the rules. Having a USC husband makes it seem tricky, but it really was not for me. They interrogate me and let me in every single time. My last three trips they did not even want to know when my outbound flight was and I received permission to stay for maximum alloted time (6 months - 1 day) every single time. I left way before that always and that was it.

[discoverusa 269]

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.

I think this is the best advice of all. I know it does happen every day that people adjust from B1/B2, but why not make the process clear from the beginning. You have someone in US you want to marry, then apply for the specific visa that allows you to do so.

There is no questions about intent, etc. Some people who arrive with K1 visa may not even have USCIS marriage interview.

My advice is: go with amberlynnloves suggestion.

[US_ 0]

I have read all the responses, and so far it looks like my safest routes are either fiance visa (K-1) or spousal visa (CR-1), and it looks like it is also safe for her to come here on her B-1/B-2 visa to get married, and then I petition her by filing I-130 and she can go back to India to finish the rest of the CR-1 procedures. Correct me if I am wrong.

[Ivy. 113]

That is correct. My personal preference is CR-1/IR-1 because it is cheaper and the spouse can work as soon as she gets to the US. But you can choose differently.