Marrying abroad, and then visiting on B1/B2 visa

[Tina22 0]

Hello everyone!

I'd really appreciate your opinions on this situation.

I am an American citizen working and living in Albania. This June I will marry my Albanian fiance in Albania. Then, we are planning to visit the US for a couple weeks in August so that we can have a wedding for my family in the States. Legally, though, we will be married in Albania and the "wedding" in the States is nothing more than a celebration party. After a couple weeks we will both return to Albania and our life there--which includes a shared apartment, pets, and steady jobs for the both of us.

My fiance already has a B1/B2 Tourist visa which he used in December to visit my family with me in December. The customs agents let him pass through with very few questions, even though he stated that he was going to visit his fiancee and her family when asked for the purpose of his visit. This tourist visa will still be valid when he plans to visit the States again in August.

My question is, are we rolling the dice by visiting the States after his legal status has changed from "single" to "married?" If asked at the POE, should he mention that he's visiting his WIFE and her family? Is he breaking any rules by entering on a tourist visa that was given to him while he was single, but now he'll be married? Will it be harder for him to enter the States now that he's married to an American citizen?

We are not trying to skirt any visa rules or laws. We do not plan on trying to stay in the States without the right visa. When the time comes for us to permanently move to the US, we plan on applying for the IR-1/CR-1 visa. I'm just worried that this visit (for a "party") could be risky and make things difficult for us in the future, if something goes wrong.

So what do you think? Is this a bad idea? Is it legal?

Thanks for your help!!

[Teddy B 17,252]

It's perfectly legal for your husband to enter the states on his tourist visa while married to you. The requirements for entry to the states remain the same as if he was single. He needs to bring proof of solid ties to Albania such as property ownership/copy of lease, letter from employer and paystubs and anything else that shows he will be returning at the end of your trip. And always tell the truth to immigration officials.

Good Luck!

Edited January 28, 2014 by Teddy B

[RhettVoe 282]

Since he didn't have a mind change when entering as a fiancée, I'd say his chances of visiting are excellent...that train of AOS, etc, has already passed.

[jan22 3,064]

Since he didn't have a mind change when entering as a fiancée, I'd say his chances of visiting are excellent...that train of AOS, etc, has already passed.

Actually, no it hasn't. They cold file for an AOS on any entry to the US, not just on one where they got married in the US. However, since -- as another poster pointed out -- that fact that he has already used his visa properly, with that and your intentions of returning to Albania (be sure you bring strong evidence of that), shouldn't be a problem. You'll be traveling with him, right? Be sure you take proof of your ability to return to Albania to live/work (whatever that is for Albania -- sorry, I don't know).