Getting married after entering the US on a B1/B2

[tms 2]

HI,

I know this has probably been asked before. But, I wanted to present my specific case so that I could receive feedback/advice from some of the seasoned members of the community.

So, here's my story. I came to the US on June 10th, 2016 to attend my cousin's wedding (June 23rd). Initially, I planned a 3 week trip, and that's what I told the CBP at the POE. During the celebrations (brown weddings run for a while), my uncle and aunt introduced me to a girl. They 'thought' we were a perfect match and was setting me up for marriage, but I wasn't aware of that fact. Anyways, we started talking, met up a few times, and took a trip out West together. Long story short - we fell in love. As our meeting was mostly arranged, our parents want us to get married as soon as possible. I know this is extremely quick, but it's not rare in my culture for people to get married just after a few meetings (my parents got married after two meetings).

I thought the best course of action would be for me to go back, and my fiance(e) to make a petition for the K1 visa. However, I had an interesting conversation with my soon-to-be brother-in-law who considers himself as quite an expert in this area (I have my doubts). He told me that since I had no intention of getting married when I entered the US, and since our marriage will be entered in good faith - I should be able to apply for an AOS.

So what do you guys think? Any tips or past experiences? A bit more background info - I live and work in Vancouver, BC (Canada); however, I am not a Canadian citizen. I entered on a B1/B2 so I can stay in the US for 6 months before becoming out of status. I'm officially still employed at my current company so I have to make a decision very soon.

Thanks in advance for all your help.

[NuZayetsPogodi 117]

It's a gamble, but it will probably raise a lot of eyebrows and you might have trouble adjusting status. Had you decided to get married MONTHS after entering the country, that might be one thing. But you got married about a month after you got to the US, and while that might be common in your culture, it's going to raise suspicion amongst the people at the USCIS. So technically you can do it, but the onus is on you to prove that you really truly did enter the country in good faith.

Edited July 19, 2016 by NuZayetsPogodi

[Pitaya 2,577]

~Moved from K1 Process to What Visa Do I Need Forum~

~Inquiry about family visa processes~

[subwayguy 100]

HI,

I know this has probably been asked before. But, I wanted to present my specific case so that I could receive feedback/advice from some of the seasoned members of the community.

So, here's my story. I came to the US on June 10th, 2016 to attend my cousin's wedding (June 23rd). Initially, I planned a 3 week trip, and that's what I told the CBP at the POE. During the celebrations (brown weddings run for a while), my uncle and aunt introduced me to a girl. They 'thought' we were a perfect match and was setting me up for marriage, but I wasn't aware of that fact. Anyways, we started talking, met up a few times, and took a trip out West together. Long story short - we fell in love. As our meeting was mostly arranged, our parents want us to get married as soon as possible. I know this is extremely quick, but it's not rare in my culture for people to get married just after a few meetings (my parents got married after two meetings).

I thought the best course of action would be for me to go back, and my fiance(e) to make a petition for the K1 visa. However, I had an interesting conversation with my soon-to-be brother-in-law who considers himself as quite an expert in this area (I have my doubts). He told me that since I had no intention of getting married when I entered the US, and since our marriage will be entered in good faith - I should be able to apply for an AOS.

So what do you guys think? Any tips or past experiences? A bit more background info - I live and work in Vancouver, BC (Canada); however, I am not a Canadian citizen. I entered on a B1/B2 so I can stay in the US for 6 months before becoming out of status. I'm officially still employed at my current company so I have to make a decision very soon.

Thanks in advance for all your help.

hmmmmmmmmmm, what do you mean by " brown weddings run for a while"

[tms 2]

It's a gamble, but it will probably raise a lot of eyebrows and you might have trouble adjusting status. Had you decided to get married MONTHS after entering the country, that might be one thing. But you got married about a month after you got to the US, and while that might be common in your culture, it's going to raise suspicion amongst the people at the USCIS. So technically you can do it, but the onus is on you to prove that you really truly did enter the country in good faith.

Thanks for your reply. Actually, I haven't gotten married yet. We are thinking about it. We can wait longer (a couple of months) to get married, but there I foresee another problem. The longer I wait to get married, the more difficult it will become to convince USCIS that I had no intention of getting married when I entered the US.

[tms 2]

hmmmmmmmmmm, what do you mean by " brown weddings run for a while"

Typically, you have 4-5 celebrations compared to the 1 in most cultures. Some of the parties have elaborate dance/musical performances, so it's common to invite friends and family (who are part of the crew) a couple of weeks in advance so they can practice before the big day.

[Ryan H 3,812]

but the onus is on you to prove that you really truly did enter the country in good faith.

Incorrect, the onus is on the Government to prove the OP committed Material Misrepresentation when dealing with officials, not on the OP to prove they didn't.

OP, you can marry and then adjust if that is what works best for you. Your soon to be brother in-law is correct; additionally, your case is unlikely to "raise suspicions" so I disagree with the poster who said that.

[teeak 224]

No suspicion will be raised. OP was let into the country by CBP and if there was any suspicion of immigrant intent then he would not have been let into the US.

[EM_Vandaveer 2,408]

IMHO, you can marry and AOS. I personally married my husband within 2 months of meeting him. (5 years and 2 kids later we are still in love.)

I'd time the AOS filing more towards the end of your 6-months stay (check your I-94 online or your passport stamp to see if you were indeed granted 6 months), that way you can accumulate some bona fide evidences, such as lease with both your names, joint bank account, etc.

[EM_Vandaveer 2,408]

It's a gamble, but it will probably raise a lot of eyebrows and you might have trouble adjusting status. Had you decided to get married MONTHS after entering the country, that might be one thing. But you got married about a month after you got to the US, and while that might be common in your culture, it's going to raise suspicion amongst the people at the USCIS. So technically you can do it, but the onus is on you to prove that you really truly did enter the country in good faith.

I married my husband 11 days after my entry to the US. I was never questioned about it.

[tms 2]

I'd time the AOS filing more towards the end of your 6-months stay

Thank you for sharing your experience. Yes, my I-94 has a 6 month validity. I understand that I have to provide sufficient bona fide evidences of our relationship. I have already started accumulating evidence (some of our photos, receipt for the engagement ring, airbnb receipts of our trip to California). I believe that will all be used for the AOS petition and the interview.

Where do I have to prove that I entered the US w/o any intention of getting married? I have a letter from my employer stating that I took a 4 weeks holiday. Will that be sufficient?

Furthermore, if I wait 4 months before getting married, and applying for the AOS, there is a high possibility that my application will not be processed before my I-94 expires. So am I not going to be guilty of overstaying my visit?

[subwayguy 100]

No suspicion will be raised. OP was let into the country by CBP and if there was any suspicion of immigrant intent then he would not have been let into the US.

wong.

[Thisislife 31]

Brown wedding... lol.. I assume just assuming you mean Indian Wedding ... You can get married and file for AOS...The IOs are well trained and are aware how marriages happen in different culture.... Good Luck

[newacct 688]

Where do I have to prove that I entered the US w/o any intention of getting married?

Nowhere. You don't have to prove such a thing.

Furthermore, if I wait 4 months before getting married, and applying for the AOS, there is a high possibility that my application will not be processed before my I-94 expires. So am I not going to be guilty of overstaying my visit?

No. As long as you have filed for AOS, you're fine.

[GreatDane 366]

HI,

I know this has probably been asked before. But, I wanted to present my specific case so that I could receive feedback/advice from some of the seasoned members of the community.

So, here's my story. I came to the US on June 10th, 2016 to attend my cousin's wedding (June 23rd). Initially, I planned a 3 week trip, and that's what I told the CBP at the POE. During the celebrations (brown weddings run for a while), my uncle and aunt introduced me to a girl. They 'thought' we were a perfect match and was setting me up for marriage, but I wasn't aware of that fact. Anyways, we started talking, met up a few times, and took a trip out West together. Long story short - we fell in love. As our meeting was mostly arranged, our parents want us to get married as soon as possible. I know this is extremely quick, but it's not rare in my culture for people to get married just after a few meetings (my parents got married after two meetings).

I thought the best course of action would be for me to go back, and my fiance(e) to make a petition for the K1 visa. However, I had an interesting conversation with my soon-to-be brother-in-law who considers himself as quite an expert in this area (I have my doubts). He told me that since I had no intention of getting married when I entered the US, and since our marriage will be entered in good faith - I should be able to apply for an AOS.

So what do you guys think? Any tips or past experiences? A bit more background info - I live and work in Vancouver, BC (Canada); however, I am not a Canadian citizen. I entered on a B1/B2 so I can stay in the US for 6 months before becoming out of status. I'm officially still employed at my current company so I have to make a decision very soon.

Thanks in advance for all your help.

You can, but it might raise some suspicion. You also don't list your home country which does matter a little bit.

One thing I'm not sure you have considered so I'd throw it out is work. What are your plans for employment? Under your current visa, you won't be able to work (or accept payment from a company doing business in the US) until AOS is completed and any red flags can draw out the process. I know it's not what you asked, but I wanted to make sure you understood the financial implications of adjusting status.