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Posted

My fiancé already has a b1 b2 visa. He comes to the states a lot for work and pleasure. My question is, can he come here on that and then we get married and file for a adjustment of status? I had had people tell me different things, some say yes that works and others say no he would have to get a fiancé visa. Any advice would be amazing!!!! Thanks 

Posted

It is fraud to intend to use a B2 visa to come and adjust status. He can come and get married to you then apply for the spousal visa.

 

Or you can apply for a fiancé visa where he can come over, get married, and stay.

 

The B2 visa is not intended to immigrate. It is for visiting.

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Filed: AOS (apr) Country: Philippines
Timeline
Posted
18 minutes ago, CHEksy said:

My fiancé already has a b1 b2 visa. He comes to the states a lot for work and pleasure. My question is, can he come here on that and then we get married and file for a adjustment of status? I had had people tell me different things, some say yes that works and others say no he would have to get a fiancé visa. Any advice would be amazing!!!! Thanks 

You cannot use a nonimmigrant entry with a preconceived plan to circumvent the immigration process 

YMMV

Filed: Citizen (apr) Country: Taiwan
Timeline
Posted
21 minutes ago, CHEksy said:

can he come here on that and then we get married and file for a adjustment of status?

Absolutely not.......He can not enter the US via a B1/B2 witht the intent to adjust....Visa fraud!

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Posted (edited)

@CHEksy,

 

I know it may be confusing but think of it this way, if they allowed people to plan to use non immigrant visas like the B2 to immigrate to the USA, why would they even have other visas like the K1 fiancé visa? They would simply give everyone a B2 to everybody and tell them to adjust their status when they are ready.

 

There is a reason for visa types because each visa is specific to the criteria. If you want your BF to come to the US to marry you and stay, there is a specific visa for that.

Edited by Unlockable

“When starting an immigration journey, the best advice is to understand that sacrifices have to be made... whether it is time, money, or separation; or a combination of all.” - Unlockable

Posted (edited)

A requirement of both obtaining and using a B-1/B-2 visa is non-immigrant intent. One must demonstrate their intent to return home on time.

So no, you cannot come to the US to marry & stay. You can marry fine, but you must leave on time.

Edited by geowrian

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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