Marrying while on B1/B2 Visa

[Boiler 46,176]

Under the current immigration law, this is legal... Maybe not fair, but legal...

Maybe not correct, but legal?

[christeen 966]

A moral argument versus a legal one?

[Boiler 46,176]

I would say that PIP and I 601A is morally more repugnant.

[enlijoe 20]

Here are a few other things that I do not think were said. How long is you stay approved for. I have not looked into this but I do not think that filing a AOS will extend your stay while it is in process. Therefor even if you do marry and file AOS you may have to leave to not overstay on your visa and cause other problems. Yes they law does allow for the AOS on the B-2 visa but the thing here is like other have said it is not easy and not a guarantee that you will get it.

[christeen 966]

Overstays are forgiven if applying AOS for marriage to USC... As long as they entered legally (like a b2, VWP) so no need to leave while AOS is processed.

[Boiler 46,176]

once you file you are good to go anyway.

[Nawlinshoney 7]

Marry her while you are here..... I should have done it when my boyfriend was here, but I was unsure at the time. I regret it. Once you go back to your country things get tricky to do. MARRY HER BEFORE YOU LEAVE....If that is what she wants too

Best Wishes

[Boiler 46,176]

From what I have seen, different cultures have different perspectives.

But to think it would coincide with a US one is being unreasonable.

[No name 88 48]

Just get married in the US and file for the AOS; it'll save you time and money. Once in the US intent is irealavent. That has to be proven before you enter. USCIS can't deny an AOS based on previous intent. Even if the AOS got denied you would just go back to your home country and file for a CR1.

[rade2rising 205]

Marry and file AOS

All is good

[Neonred 3,652]

IF I knew then what I know now, and IF my fiancee could have gotten a tourist visa, we would have married in the US and had her stay and adjust.

We had friends that did this and never had any questions asked.

Edited January 18, 2014 by Neonred

[MacUK 983]

it is completely LEGAL under immigration law and they are not breaking any law. Immigration only probes preconceived intent at the point of entry and it is the job of CBP to determine that and protect the borders. If they can no establish that

That's just it, it's not completely legal because the moment they apply at the POE to enter using visa that is specifically for non-immigration with the intent of adjusting status then they have misrepresented their intentions and lied to border officials.

You're right though, once the person is passed border control then there's nothing that can be done to prove anything. That doesn't make the initial lies right, just means you got away with it.

It's a loophole that's open for exploitation and makes it more difficult for others to be granted non immigrant visas.

[B & G 200]

To the OP, I would ignore the bickering that is occuring on this thread and focus on what situation suits you best.

Yes, it is perfectly legal to adjust status after marriage in the US on a B1/B2 visa, should you choose to do that.

What I would focus on is what situation suits you better. I would completely ignore the K1 visa, if you want that, might as well stay in the US and file for AOS.

What you should be comparing is the CR1 visa versus AOS. Are you willing to wait out your AOS, which means you wont be able to travel, work, drive etc until the appropritate authorisations are complete? AP-for travel, EAD-for employment and so on and so forth.

Or does it suit you guys better for you to file for a CR-1, leave and return home to tie up loose ends, and prepare for your move to the US. CR-1 means you get a green card the moment you enter the US, no waiting around, you can travel immediately and work immediately.

The reason why I am saying this, is because my husband and I had the oppurtunity for me to stay and AOS after marriage, but it suited us better to go the CR1 route, and its not because AOS from a B1 or VWP is frowned upon or that we would be committing visa fraud. When I enter the US and we got married, I did not enter with the intent of AOS but we did talk about it after I was there.

[106206 15]

First, congratulations on finding the love of your life. Next - only you and your fiancee can decide what is right for you, but you are legally entitled to get married here now, and file for AOS. You cannot do this if you intended to come here on your tourist visa and get married, but unless you say this, the government cannot prove otherwise. The one other thing you may consider is have anyone in your family receive a tourist visa BEFORE you file for AOS so they do not have any problems later given they will look at your history and your circumstances may raise a red flag. Good luck.

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.

Edited January 27, 2014 by 106206

[TBoneTX 46,194]

Several inflammatory, derailing posts have been removed, along with quotes of them and several bickering posts. One poster has been thread-banned, and additional administrative action has been taken. Everyone is asked to stick to the OP's stated situation without delving into U.S. immigration policy.

TBoneTX

VJ Moderation

Edited January 27, 2014 by TBoneTX