B2 AOS After Marriage

[DA BOMB 1]

Hi forum! If a person is visiting on a B2 tourist visa and marries a USC....does that visa carrier have to leave at the end of the 6 month visa or do they stay? Hyperthetical question here..I know the laws and this is not my route...its simply to answer a question in another forum.

[diadromous mermaid 36]

Hi forum! If a person is visiting on a B2 tourist visa and marries a USC....does that visa carrier have to leave at the end of the 6 month visa or do they stay? Hyperthetical question here..I know the laws and this is not my route...its simply to answer a question in another forum.

The correct answer is "it depends". It depends upon whether the B2 visa holder was intending to marry and remain to adjust status when he or she entered the USA.

Edited January 20, 2007 by diadromous mermaid

[KarenCee 3]

Depends on the intent. If the intent IS to marry and immigrate, then you know that's visa fraud. I think that was addressed in the thread you started on the K1 forum. You have to prove that the intent wasn't there. I know you want him here NOW and in my very humble opinion I don't think it will happen as quick as you want. If Kez pops on she might be able to answer this far better than anyone.

[DA BOMB 1]

Thanks for making me out to be a criminal but this question does NOT apply to my situation I am going to apply for a K1 visa and he will be visiting friends and family on a B2 visa. My question was whether a K1 could be filed while he's here on a B2 visa. I would not break the law.... and for someone to visit with the intent of marrying so that they did NOT have to return to their own country would be doing just that. I DO want him here right now but Im not about to break the law doing it. Now back to my original post...if there was NO intent to marry and a marriage occurred - would the holder of the tourist visa have to return to their own country? When is this decided - at the initial AOS meeting or at the interview?

Depends on the intent. If the intent IS to marry and immigrate, then you know that's visa fraud. I think that was addressed in the thread you started on the K1 forum. You have to prove that the intent wasn't there. I know you want him here NOW and in my very humble opinion I don't think it will happen as quick as you want. If Kez pops on she might be able to answer this far better than anyone.

Edited January 20, 2007 by MRS BILLY BONG

[Killer_Clown_2009 0]

It doesn't matter much whether or not there was intent. What matters is whether USCIS suspects that their was intent and asks for proof that to show that there was NOT intent.

Yes, you can adjust status from a tourist visa and yes you may be allowed to stay, your application may also be denied. Your AOS application from K1 or K3 may all be denied. ... .. . . . . . . . . . .. .. . . . . .

No one can tell you whether or not any single person will be sent back to their country, simply because each case is unique and it'll depend on what the interviewer of the couple feels about their case.

The initial interview is the AOS interview. If they decide to deny an AOS application, it'll be decided based on that meeting (or after the applicants have been allowed to submit additional evidence).

Edited January 20, 2007 by jane2005

[KarenCee 3]

Thanks for making me out to be a criminal but this question does NOT apply to my situation I am going to apply for a K1 visa and he will be visiting friends and family on a B2 visa. My question was whether a K1 could be filed while he's here on a B2 visa. I would not break the law.... and for someone to visit with the intent of marrying so that they did NOT have to return to their own country would be doing just that. I DO want him here right now but Im not about to break the law doing it. Now back to my original post...if there was NO intent to marry and a marriage occurred - would the holder of the tourist visa have to return to their own country? When is this decided - at the initial AOS meeting or at the interview?

Depends on the intent. If the intent IS to marry and immigrate, then you know that's visa fraud. I think that was addressed in the thread you started on the K1 forum. You have to prove that the intent wasn't there. I know you want him here NOW and in my very humble opinion I don't think it will happen as quick as you want. If Kez pops on she might be able to answer this far better than anyone.

For what it's worth, I was NOT making you out to be a criminal. I answered your question to the best of my ability. You've gotten some of the same advice here and on the K1 forum and I suppose now it's up to you to decide what you want to do.

[DA BOMB 1]

Thank you for your input..I wanted to specifiy that I am applying for a K1...not AOS resulting from marriage using a B2.

Thanks for making me out to be a criminal but this question does NOT apply to my situation I am going to apply for a K1 visa and he will be visiting friends and family on a B2 visa. My question was whether a K1 could be filed while he's here on a B2 visa. I would not break the law.... and for someone to visit with the intent of marrying so that they did NOT have to return to their own country would be doing just that. I DO want him here right now but Im not about to break the law doing it. Now back to my original post...if there was NO intent to marry and a marriage occurred - would the holder of the tourist visa have to return to their own country? When is this decided - at the initial AOS meeting or at the interview?

Depends on the intent. If the intent IS to marry and immigrate, then you know that's visa fraud. I think that was addressed in the thread you started on the K1 forum. You have to prove that the intent wasn't there. I know you want him here NOW and in my very humble opinion I don't think it will happen as quick as you want. If Kez pops on she might be able to answer this far better than anyone.

For what it's worth, I was NOT making you out to be a criminal. I answered your question to the best of my ability. You've gotten some of the same advice here and on the K1 forum and I suppose now it's up to you to decide what you want to do.

[LaL 418]

if there was NO intent to marry and a marriage occurred - would the holder of the tourist visa have to return to their own country? When is this decided - at the initial AOS meeting or at the interview?

the intent has to do with immigrating after entering on a tourist visa not marrying. here is where it can be confusing. (but then again, im no expert. just what i have found in reading)

people can certainly come here and marry then leave and file the appropriate visa

people knowinly coming into the US to marry AND immigrate (misrepresentation/visa fraud)

people coming for a visit, wind up married and file for AOS, no intent to immigrate, no intent to marry when entering.

Edited January 20, 2007 by lal_brandow

[LaL 418]

My question was whether a K1 could be filed while he's here on a B2 visa.

Now back to my original post...if there was NO intent to marry and a marriage occurred - would the holder of the tourist visa have to return to their own country? When is this decided - at the initial AOS meeting or at the interview?

oook, now that i re-read this - you are asking two totally different questions.

1. yes, a K1 could be filed while he is in the US on a B2

2. read my previous response.