Get married on a B2 tourist visa then AOS

[LArissa123 0]

Hello

 

My boyfriend and I are thinking about getting married and I've got a B2 tourist visa for 5 years and we're not sure if we should go with a K1 fiance visa since we don;t have time for that since Christmas is coming and he is heading here for 3 weeks and then we want to head to the States in January.

I was wondering if we can get married on my B2 visa and then apply for adjustment of status? 

You can;t possibly plan a wedding in 60 days as per the fiance visa- well you can, but it's really hard but coordinating that is nearly impossible since I would like my parents to attend and they need US tourist visas to come..and that takes time..

 

Also, another question I've got that no one really asked in this forum is about the I864P form. Does the spouse have to show proof of $20.300 earned up until that point of filing the documents even if it;s the first few months of the year? My boyfriend just started his own business so can't make that amount in the first 3-4 months of the year. Do we need proof of the IRS docs of previous year to proof his financial stability? 

 

If you can please give me some advice I would be so grateful!

 

Thank you!

[Georgia16 2,858]

No it's fraud to come on tourist visa and apply for adjustment of status.

 

You have to wait the time for K-1 or CR-1 like everyone else.

[LArissa123 0]

Hi @Georgia16

I was told it;s not fraud to do that but you have to show the marriage is bona fide which totally is.

 

I know various people in my case that got married on the tourist visa and then they applied for status change.

 

I just can;t possibly get the wedding planned in less than 60 days and get my parents the visas to come and him to show proof of $20.300 earnings early next year.

 

Not sure how to go about and do this.

 

 

[trudi 1,317]

If it was that simple then K1 and CR1 would be obsolete we'd all just get on a plane and move when we felt like it...

 

Sorry but as above to enter the country with the intent to adjust status is immigration fraud.

 

If you want a wedding with all your family there then there's nothing stopping you having it in your country at Christmas, you can then apply for the CR1 and follow the same process as everyone else

[Georgia16 2,858]

1 minute ago, LArissa123 said:

Hi @Georgia16

I was told it;s not fraud to do that but you have to show the marriage is bona fide which totally is.

 

I know various people in my case that got married on the tourist visa and then they applied for status change.

 

I just can;t possibly get the wedding planned in less than 60 days and get my parents the visas to come and him to show proof of $20.300 earnings early next year.

 

Not sure how to go about and do this.

 

 

You were told wrong. It is fraud when it is planned. 

 

I'm sorry it will be hard to plan the wedding in 90 days but all of us have been in that situation. You can do the CR-1 and plan the wedding as you like and then apply for a spousal visa OR do the K-1 get married in the court house and then have a bigger wedding with everything when your family has gotten the visa's and so on. 

 

No matter how it is done he will have to show proof of income otherwise you'll need a sponsor.

[LArissa123 0]

@trudi thank you for your input.

Online it says you can get married on a B2 visa, but you have to wait at least 60 days prior to entering the US.

I just don;t get why the fiance visa is just 60 days, that;s nuts, how do people plan a wedding in less than 60 days?!

 

Also, can anyone please let me know about the I864P form- does the spouse have to show proof of having a minimum of $20.300 in the bank from earnings from that year?

[Georgia16 2,858]

1 minute ago, LArissa123 said:

@trudi thank you for your input.

Online it says you can get married on a B2 visa, but you have to wait at least 60 days prior to entering the US.

I just don;t get why the fiance visa is just 60 days, that;s nuts, how do people plan a wedding in less than 60 days?!

 

Also, can anyone please let me know about the I864P form- does the spouse have to show proof of having a minimum of $20.300 in the bank from earnings from that year?

It's 90 days on a fiancé visa.

 

The proof have to be tax-returns, w2's and pay stubs. 

[LArissa123 0]

2 minutes ago, Georgia16 said:

You were told wrong. It is fraud when it is planned. 

 

I'm sorry it will be hard to plan the wedding in 90 days but all of us have been in that situation. You can do the CR-1 and plan the wedding as you like and then apply for a spousal visa OR do the K-1 get married in the court house and then have a bigger wedding with everything when your family has gotten the visa's and so on. 

 

No matter how it is done he will have to show proof of income otherwise you'll need a sponsor.

Hi ya!

 

So then he has to show proof of earnings next year of $20.300 to be able to be my sponsor? Most people don;t make that in 3-4 months of working...that is a bit of a stretch..

also the K1 says you have 60 days to get married not 90..this is why I am considering the B2.

 

What if we only get engaged next year when I visit in January? Would that change things?

 

We really don;t want to reside in the US, we want to travel and do mission work but I know I have to wait around 1 year until I get my green card etc. which is fine but still..I don';t have time to plan the wedding by Christmas, that;s like 1 month and a half away..

 

For a K1- what is the process? I know he would have to pay that £500 something fee, but what is the waiting time to get it after he applies?Does he need to show proof of income to sponsor me for that?

[LArissa123 0]

4 minutes ago, Georgia16 said:

It's 90 days on a fiancé visa.

 

The proof have to be tax-returns, w2's and pay stubs. 

Hi, thank you for your reply.

So, let's say we are considering end of April to do the wedding, if I find the venue once I get there and I can book it etc - then he has to show tax returns from previous year? - he has his own small business so he has to show all his income prior to doing the tax returns? not sure on what month are those done- April?

[trudi 1,317]

You can get married in the US on your visitor visa that's fine and a big industry.  You just can't stay.

 

If finances are a concern why don't you marry during a visit (and you can plan that to suit you), go home afterwards and file for the CR1, you would then get your green card on entry.

 

The K1 the fees don't stop at the I129, you would have AOS fees too.

 

I would read the guides on here and then you'll be better able to decide which route is better for you both

[Georgia16 2,858]

7 minutes ago, LArissa123 said:

Hi ya!

 

So then he has to show proof of earnings next year of $20.300 to be able to be my sponsor? Most people don;t make that in 3-4 months of working...that is a bit of a stretch..

also the K1 says you have 60 days to get married not 90..this is why I am considering the B2.

 

What if we only get engaged next year when I visit in January? Would that change things?

 

We really don;t want to reside in the US, we want to travel and do mission work but I know I have to wait around 1 year until I get my green card etc. which is fine but still..I don';t have time to plan the wedding by Christmas, that;s like 1 month and a half away..

 

For a K1- what is the process? I know he would have to pay that £500 something fee, but what is the waiting time to get it after he applies?Does he need to show proof of income to sponsor me for that?

It is 90 days for fiancé visa. Right now fiancee visa takes about 6-8 months to get.

 

Yes, he will have to show proof of income no matter what visa you get. For the K-1 he will have to show it (you bring the papers) at the interview. The income is not over months but over a year. 

 

On a K-1 you will not be allowed to work og travel for about 4 months after you apply for AOS (the green card)

 

The fees are more then just the fee to apply. You also have to pay for a medical exam, the fee for the visa interview, document, travel and if K-1 then also the AOS process after marriage that is currently $1225. 

 

And it just adds up so make sure you have the money to do all this before you start anything.

 

Also son't plan anything thing or book anything til you have your visa in hand. SO many things can go wrong and we have seen many there have booked everything for the wedding and then the process took a bit longer and they lost all the money for the booking.

[Georgia16 2,858]

You can read about K-1 and CR-1 here and also at the uscis webpage: 

 

 

http://www.visajourney.com/content/k1guide

 

 

http://www.visajourney.com/content/i130guide1

 

https://www.uscis.gov/i-129f

 

https://www.uscis.gov/i-130

[geowrian 22,337]

53 minutes ago, LArissa123 said:

I was told it;s not fraud to do that but you have to show the marriage is bona fide which totally is.

Quote

I know various people in my case that got married on the tourist visa and then they applied for status change.

You were told very wrong. There are ways for some people to AOS once already in the US, but it is clear fraud to enter the US to file for AOS.

 

Quote

I just can;t possibly get the wedding planned in less than 60 days and get my parents the visas to come and him to show proof of $20.300 earnings early next year.

A K-1 gives you 90 days to plan a wedding. (Nearly) All K-1 entrants have done this successfully. The visa is also good for 6 months from the medical or the interview...whichever comes first. So that's another 6 months to plan. I'm not saying it's easy by any means, but it's absolutely possible. Or you can do a courthouse wedding then plan the celebration later...many people do this to relieve the stress and hardships in planning a larger wedding while abroad or ion the 90 day timeframe.

 

48 minutes ago, LArissa123 said:

Online it says you can get married on a B2 visa, but you have to wait at least 60 days prior to entering the US.

I just don;t get why the fiance visa is just 60 days, that;s nuts, how do people plan a wedding in less than 60 days?!

It's 90 days, not 60 days.

You can get married on a B2 visa, but you cannot stay. You would need to file for a CR-1 visa. You can visit during the process. ETA: 12-14 months on average.

 

Quote

Also, can anyone please let me know about the I864P form- does the spouse have to show proof of having a minimum of $20.300 in the bank from earnings from that year?

For a household size of 2, you would need $20,300 in current income, or suitable assets in 3x the gap between current income and the necessary income. If current income is above that amount, then no assets are required to be listed. Keep in mind these are minimums...under this and you cannot qualify. Above this, you may qualify. They will look at the totality of the circumstances to address the public charge concern. A joint sponsor can be utilized if needed.

 

1 hour ago, LArissa123 said:

My boyfriend just started his own business so can't make that amount in the first 3-4 months of the year. Do we need proof of the IRS docs of previous year to proof his financial stability? 

The issue here is proving his current income. For self employment, they typically go by tax returns as the primary indicator of income.

 

For the I-864, the most recent tax year's return needs to be provided (i.e. 2016 is current). The returns for the 2 years prior to that are optional to provide, but all 3 most recent tax years must be listed on the form.

Edited October 31, 2017 by geowrian

[Suss&Camm 2,213]

50 minutes ago, LArissa123 said:

Hi ya!

 

So then he has to show proof of earnings next year of $20.300 to be able to be my sponsor? Most people don;t make that in 3-4 months of working...that is a bit of a stretch..

He has to be able to show proof of current income, meaning that he has to show that at the end of the year the anticipated income will meet the i864P requirement for the household size. If he has his own business that is a bit harder than if he is a w2 employee. He will need to show contracts and bank deposit slips (for example) that show ongoing and continuous income at that level.

Quote

also the K1 says you have 60 days to get married not 90..this is why I am considering the B2.

I don't know where you are reading but that is incorrect. It is 90 days. You can't marry with the intent to stay and AOS THAT IS VISA FRAUD. You can marry and go home and wait out the visa process in your country (K1 if you don't marry or CR1 if you do). The option to adjust from tourist visa is ONLY when there is no previous plan/intent to do so (prior to entering the US). By coming on VJ and asking about it you have already shown that there is intent - therefore it would be visa fraud.

Quote

What if we only get engaged next year when I visit in January? Would that change things?

You can get engaged when you wish - the criteria (regarding this)  for the K1 is a mutual intent to marry within 90 days of entering on the K1 visa.

Quote

We really don;t want to reside in the US, we want to travel and do mission work but I know I have to wait around 1 year until I get my green card etc. which is fine but still..I don';t have time to plan the wedding by Christmas, that;s like 1 month and a half away..

Immigration doesn't take your wedding plans into consideration. You can do only the engagement if you wish, or you can get a court wedding and return to your country and do a spousal visa and have the wedding ceremony at a later date once your visa is complete.

Quote

For a K1- what is the process? I know he would have to pay that £500 something fee, but what is the waiting time to get it after he applies?Does he need to show proof of income to sponsor me for that?

He doesn't get the visa you do. He petitions for you then you apply for the visa at your embassy after the petition is approved. See previous links

Edited October 31, 2017 by Suss&Camm

[Gorkhali 214]

Entering USA on a Non-Immigrant visa with the intent to Adjust the Status is Illegal. Don't do it.. don't create a trouble for urself.  

 

As other folks said, you can come in B2; get married and leave. Best advise is go for CR1 which will be cheaper and comes with the flexibility to work right after u land in US. But again if you guys can support each other financially and if you can stay home for 6 - 8 months then go with k1. 

 

If AOS was that easy then no one would be going through CR1, IR1, K1 visa. We would all board the plane to US on some nonimmigrant visa like B1 / B2 and would have changed out status. Life would be much easier and there would be less mental and emotional pain of being away from your dear ones.