Marrying while on B1/B2 Visa

[jagonzal17 4]

Hello, I'm currently in the US on a B1/B2 visa, yesterday I proposed to my girlfriend who I've dated for the last year. She is a US Citizen. I was wondering if it is advisable for us to get married and filed por AOS, or should I come back to my country and apply for fiancée visa and then come back and get marry.

I hope you guys can help me make the best decision.

[Dave&Roza 748]

Hello, I'm currently in the US on a B1/B2 visa, yesterday I proposed to my girlfriend who I've dated for the last year. She is a US Citizen. I was wondering if it is advisable for us to get married and filed por AOS, or should I come back to my country and apply for fiancée visa and then come back and get marry.

I hope you guys can help me make the best decision.

When you entered the US did you have the intent to get married and stay in the US? That is the question you have to answer. If you can without a shadow of any doubt convince a stranger that does not know you or your fiancée that you enter the US as a tourist and suddenly decided to propose and get married, then you can get married and file adjustment of Status (AOS) while remaining in the US. If you have any doubts what so ever then get married and return to your home country while your USC spouse files a spousal visa for you. This is one of those loop holes in US immigration laws that almost everybody here on VJ wishes were be removed.

Good luck,

Dave

P.S. What did the CBP ask you when you entered the US? Did they ask you what you intended to do while in the US? Did they ask you who you were seeing? Did you lie at any point or stretch the truth? That would also determine which path to take: File in the US for AOS or file for the spousal visa.

[jagonzal17 4]

The CBP office only asked me how cash I had on me, he did not ask me where I was staying or what was the purpose of my trip, which I founded weird that day, since every time I come to the US the officers have asked me what is the purpose of my trip.

It isn't really mi intention to come as a tourist and then apply for AOS, but after a lot of talk with my fiancé after I proposed we pondered the idea of getting married right now, since it's getting really hard to find flight tickets out of Venezuela, and we were afraid I wasn't going to be able to come visit her as much as I wanted to.

I have no problem going back and apply from my country, I just don't want to be apart from her too much time, that's why I was wondering if AOS was a viable option.

[Boiler 46,176]

Which one do you want to do, it could be a long time before you could come back on a K1 or CR1.

US Government could care less, some people here do.

[christeen 966]

It is not up to the applicant to prove they did not have intent... The burden of proof lies with the government to prove that you DID have intent. People change their minds, things happen... And the current USA law allows for that... So yes, you can get married and file for AOS... Follow the guides here on VJ and you will be fine...

[JohnR! 5,495]

Hello, I'm currently in the US on a B1/B2 visa, yesterday I proposed to my girlfriend who I've dated for the last year. She is a US Citizen. I was wondering if it is advisable for us to get married and filed por AOS, or should I come back to my country and apply for fiancée visa and then come back and get marry.

I hope you guys can help me make the best decision.

In reality you can do either. The correct way is that you return home and do the K-1 visa process there. You should not be away for more than 6 months for the entire process, which is normally the time you will need to get your business in order, in order to move to the US.

The USCIS will question how a tourist can afford to make such a decision in the spur of the moment, without making preparations before leaving the home country.

To be clear, I am not making a judgment call, so much as I am pointing out how it might look from another perspective.

On a personal note, congratulations and good luck!!

[Boiler 46,176]

The USCIS will question how a tourist can afford to make such a decision in the spur of the moment, without making preparations before leaving the home country.

Really?

There are plenty of people going this way so there must be plenty of threads discussing these interrogations?

[ManCharsey 254]

Perfectly okay for you to marry and adjust status here. The relationship or marriage should be based on good faith, so as long as you guys are genuinely in love with each other and are marrying because of love and not for immigration benefits, you are perfectly okay. You do NOT have to prove preconceived intent to USCIS, by law they can not use it to deny you an adjustment. So do not listen to the nay Sayers telling you you are committing visa fraud. Just follow the guides, and you will be perfectly fine. Good luck!

[christeen 966]

To the OP... Many VJ users will put forward the concept of "lifetime bans" "not fair to others" "hurt others chances of tourist visa" "you have to prove not intent" as well as other arguments to scare you and deter you from this decision. Bottom line, the law exists that allows for couples to spontaneously marry and adjust status or to AOS from other visa categories... What cannot be done is to enter as a tourist with the INTENT to AOS and circumvent immigration laws... Some see this as not fair since they are doing the correct way, but life is unfortunately not fair for all, but not fair and illegial are different animals and based on your info, what you are thinking of is legal and in many cases the route suggested by uscis (when you call them for info they give this advice to many) and attorneys every day... Good luck on your journey...

[MacUK 983]

So do not listen to the nay Sayers telling you you are committing visa fraud.

I'd say that it IS committing visa fraud when you apply for entry using a non-immigrant visa with the intent of immigrating.

Wether or not it's possible to do it without repercussions is a different thing.

[JohnR! 5,495]

I'd say that it IS committing visa fraud when you apply for entry using a non-immigrant visa with the intent of immigrating.

Wether or not it's possible to do it without repercussions is a different thing.

I agree. The reason K-1 and IR/CR visas exist is because they serve a purpose.

Many do get away with immigration fraud but I would not advise anyone to try it, nor would I be extending any guarantees to a positive outcome.

[Ontarkie 14,510]

~~Moved to Adjustment of Status from Work, Student, & Tourist Visas - The OP Stated he changed his mind after he proposed while in the US This is a perfectly legal and available option~~

[rocketman 6]

Is it true that by Adjusting of Status on B1/B2 visa in USA, will have impact/affect family members getting the same visa in the future?

I would think so. A careful CO should deny any future visit visas from family members.

[christeen 966]

I'd say that it IS committing visa fraud when you apply for entry using a non-immigrant visa with the intent of immigrating.

Wether or not it's possible to do it without repercussions is a different thing.

I specifically said... It IS illegal to enter the USA on a tourist vise with the INTENT of immigrating... Based on the OPs statements, he entered to visit girlfriend with no intent of staying, but spontaneously decided to get engaged and are considering filing for AOS... Under the current immigration law, this is legal... Maybe not fair, but legal...

[christeen 966]

I would think so. A careful CO should deny any future visit visas from family members.

It may play a part.. But each family member applies on his/her own and has the burden of proof to show why they will return to their country... I do not believe it means an automatic denial for family members... I have seen many AOS from tourist visa cases where family members have later been granted visas...