Get married on a B2 tourist visa then AOS

[LArissa123 0]

2 hours ago, Boiler said:

Do you not work?

I do, I work in tech but have savings and would honestly like a break.

[LArissa123 0]

5 hours ago, Georgia16 said:

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

Thank you!

Will do.

 

I should learn more about this, and get advice from an immigration lawyer. 

[caliliving 606]

21 minutes ago, LArissa123 said:

Thank you!

Will do.

 

I should learn more about this, and get advice from an immigration lawyer. 

are you looking to 'live' in the usa? because it sounds like you want to travel and do missionary work?

my suggestion, as you can visit, would be to do the CR1. and then you can visit but this way you can plan a wedding and have people comes. 

[mallafri76 1,012]

So what are your intentions, because you’re mentioning that you’re not planning on staying in the US? The k-1 and the cr-1 are for those wanting to take up residence in the US. If you’re just wanting to get married and live in another country, you can visit on the tourist visa, get married and then go back home or go do your missionary work and then start the cr-1 about a year before you’re ready to move to the US

[JFH 12,190]

*~*~*moved from "K-1 fiancé visa process and procedures" to " what visa do I need?" as OP is still considering the options*~*~*

[Roel 7,192]

Long thread and the answer should be simple. Do k1 or cr1, all other options will be a fraud. Do you want your tourist visa aos be denied? Some time ago there was a long discussion about immigration rules getting stricter, especially for "tourists"  *sigh* Wish they would finally remove the option of aos for tourists so questions like this would stop poping up. 

[Dashinka 24,522]

13 hours ago, AnaidAaron said:

Someone please confirm this, but as far as I'm concerned, you are not allowed to visit when you're waiting for a spousal visa. I have a visitors visa myself, and visiting was a concern we had, that's why we went for the K-1 instead of the CR-1, because you're able to visit while the process is going on. But by no means can you stay 6 months at a time, that's practically living in the US, and visitors visas are not for that. 

A visitor visa is still valid while a K1 or CR1/IR1 is being processed, but once a K1 or CR1/IR1 visa is issued, then the visitor visa would be canceled as a persons next entry would be using the spousal/fiancé visa.  That being said, many people come to the US on a visitor visa, get married, and go home and the couple file for a spousal visa.  The foreign spouse can still visit, but as others have said, having a visitor visa is no guarantee that a person will be allowed in the US, so those people in this position need to provide evidence that they have no plans to overstay each time they enter the country.

[Dashinka 24,522]

6 hours ago, Roel said:

Long thread and the answer should be simple. Do k1 or cr1, all other options will be a fraud. Do you want your tourist visa aos be denied? Some time ago there was a long discussion about immigration rules getting stricter, especially for "tourists"  *sigh* Wish they would finally remove the option of aos for tourists so questions like this would stop poping up. 

Not really that simple as the OP mentioned they do not plan to live in the US at least immediately.  As @mallafri76said, they would be better off getting married, then going to wherever they want to do their missionary work, and file for the CR1/IR1 about 12-18 months before they reach the point where they want to move back to the US.

[SusieQQQ 11,586]

Like some others, I’m confused about the OP saying they don’t actually want to reside in the US yet wanting a green card. OP, just checking that you know there are not just requirements to get the green card, but residency requirements to keep it too?  

[Shane & Len 11]

My wife and I got married in the u.s. She came on her B2, we married and she returned home while we wait for the CR1. That, you can do. She still visits on her B2 when we can. You can marry, just not stay legally. At least not how you're describing.

[Dutchster 1,107]

10 hours ago, Roel said:

Long thread and the answer should be simple. Do k1 or cr1, all other options will be a fraud. Do you want your tourist visa aos be denied? Some time ago there was a long discussion about immigration rules getting stricter, especially for "tourists"  *sigh* Wish they would finally remove the option of aos for tourists so questions like this would stop poping up. 

Agreed. I find that removing the option of AOS on tourist visa's/VWP should happen.

And the IO can indeed deny AOS based on tourist visa if she finds you were fraudulent.

[Boiler 45,570]

12 minutes ago, Dutchster said:

And the IO can indeed deny AOS based on tourist visa if she finds you were fraudulent.

Well no

[DrEllaNJ 288]

18 hours ago, Gorkhali said:

when u are undergoing CR1 or IR1 visa, you can visit US on Visitor Visa. Just make sure you carry enough proof to prove your ties back home and be prepared to be sent to the secondary room by CBP for further questioning. 

 

 

No matter what don't lie 'coz that will come back to bite u later

@LArissa123 this is important to keep in mind - one of the best proofs of ties back home is a job. Since your husband is just starting out on his own, and you're facing a lot of fees no matter what, it may make sense for you to keep your job. If it allows you to take leave of absence, you can always visit for a few months at a time - I'd suggest no more than 3 though, twice/year.

 

Since you said you don't really want to live in the US for the moment, I agree with previous posters who suggest to hold off on applying for an IMMIGRANT visa until about 12-15 months before you're ready to settle in the US. Your spouse will need to provide proof at that point that he intends to make the US his domicile. In your situation, it may also make sense to seek a co-sponsor to remove some of the anxiety surrounding the income requirements. It's important your SO keeps filing US taxes.

[Michelle M 133]

On ‎10‎/‎31‎/‎2017 at 12:56 PM, LArissa123 said:

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!

You cannot adjust your status from a B2 visa your husband would need to file a petition using I-130, once that is approve you can then apply for the adjustment od status. It is a lengthy process.  I think you should come spend the time with him then go home before you our stay.  In the meantime have him file the petition.  You may run into a bunch of legal problems with ICE if you over stay on a B2.