b1-b2 Tourist visa

[Elbertviola 0]

My fiancé is planning to apply for US Tourist visa and we are planning to get married after few weeks of staying here and she will come back to

the Philippines and stay there for few months.  While waiting for spouse visa petition, she is planning to come back in the US for few weeks and come back again

in the Philippines.  She would like to come back and forth to US and Philippines while waiting for the Spouse visa.  

Questions;

1. How many weeks before we can get married as soon as she come to US as a tourist visa?

2. How long can she leave US while waiting for a spouse visa once we get married here?

3. Can she get approved to come back to US in a  tourist visa while she has pending spouse visa?

 

Thank you

[geowrian 22,337]

1. Varies by state....some have no waiting period for a marriage license, some have 3 days, some have a week, etc. Check your local laws.
2. She can stay in the US for as long as she is granted at the time of POE. This is typically up to 6 months. I would not recommend staying too long or else risk being denied entry in the future...generally one should stay abroad at a bare minimum longer than they are in the US. Twice as long abroad is preferred.
   1. She can stay abroad as long as they want to wait out the process.
3. She can obtain or use an existing tourist visa while waiting out the visa process. Obtaining a visa mid-process presents a larger hurdle IMO, but using an existing one to visit - as long as you don't overstay or spend too much time in the US - is usually not a problem.

[Lil bear 4,228]

8 minutes ago, Elbertviola said:

My fiancé is planning to apply for US Tourist visa and we are planning to get married after few weeks of staying here and she will come back to

the Philippines and stay there for few months.  While waiting for spouse visa petition, she is planning to come back in the US for few weeks and come back again

in the Philippines.  She would like to come back and forth to US and Philippines while waiting for the Spouse visa.  

Questions;

1. How many weeks before we can get married as soon as she come to US as a tourist visa?

2. How long can she leave US while waiting for a spouse visa once we get married here?

3. Can she get approved to come back to US in a  tourist visa while she has pending spouse visa?

 

Thank you

1. As soon as you are able to get the marriage  licence 

2. The spouse visa is one where she remains outside the US while it is being processed. 12 to 15 months. She interviews at her home country US consulate . It is quite legal to enter on a visitors visa with the intent of marrying, but she must have then be returning to her home country.  She may be able to visit if she has a current multi entry B visa before the spouse petition is submitted 

3. Entry into the US, even with a current valid visa, is always st the discretion of the CBP Officer at point of entry. But technically , yes, if her visitor visa is current , she can travel to the US and request entry to visit while her petition is being processed. What she CANNOT do is use the visitors visa to “ live “ in the US while the processing is going on ..  

[Going through 5,671]

19 minutes ago, Elbertviola said:

My fiancé is planning to apply for US Tourist visa and we are planning to get married after few weeks of staying here and she will come back to

the Philippines and stay there for few months.  While waiting for spouse visa petition, she is planning to come back in the US for few weeks and come back again

in the Philippines.  She would like to come back and forth to US and Philippines while waiting for the Spouse visa.  

The chances of her being able to get a tourist visa is dependent on whatever strong ties she can show back to the Philippines.  

 

It *is* possible to visit the US during the CR-1 process, however it sounds more like you want her to be able to "live/reside" most of the process while inside of the US.  CBP catches on to stuff like that pretty quickly and there's never any guarantee that she won't be denied entry the 2nd and/or 3rd time she attempts to cross once the CR-1 is pending if she remains in the US for lengthy periods each visit.  Even with a valid visa in hand, she can still be denied entry.

 

Also, duration of stay is determined at the border.  So while she may mention during the interview that she's planning on visiting the US for, say, two months--and be approved the visa---CBP may end up granting her only a couple of weeks stay.

 

Naturally, when asked the purpose of her visit to the US, she should be truthful (ie. sight-seeing and marriage).

 

Edited April 14, 2019 by Going through

[Elbertviola 0]

after her tourist visa is granted and we get married here in US (after approx. 3 weeks of coming here in US) she will come back to the PHilippines to continue her work in the Philippines but she will come back to US for few week to visit me and come back again in the Philippines again.  In short, she will do a back and forth from the Philippines and US for few weeks here and there until the spouse visa is approved which is normally will take almost 1year... The concern is if she will get approved to come back to US in tourist visa while theres a pending spouse visa petition. She is a doctor in the Philippines and don't have intention to stay in the US while the spouse visa is pending.  How many weeks before we can get married as soon as she gets in US as a tourist visa? how long is the process to apply for travel permit visa from tourist visa and when I filed a petition for a spouse visa. So she can return to the PHilippines and come back to US without any issue.

[geowrian 22,337]

3 minutes ago, Elbertviola said:

How many weeks before we can get married as soon as she gets in US as a tourist visa?

Depends on local law if there is a waiting period and how long. For instance, in PA there is a 3 day waiting period from when you apply for a marriage license until you can marry.

 

Quote

how long is the process to apply for travel permit visa from tourist visa and when I filed a petition for a spouse visa. So she can return to the PHilippines and come back to US without any issue.

There is no such thing. She has (assuming she is issued one) a tourist visa. She can visit using that.

Every entry of a non-US citizen is at the discretion of CBP. Nobody can guarantee she won't have an issue. I would not expect one either so long as she doesn't use the tourist visa to live in the US, overstay, or work.

Edited April 14, 2019 by geowrian

[Crazy Cat 41,908]

3 minutes ago, Elbertviola said:

after her tourist visa is granted and we get married here in US (after approx. 3 weeks of coming here in US) she will come back to the PHilippines to continue her work in the Philippines but she will come back to US for few week to visit me and come back again in the Philippines again.  In short, she will do a back and forth from the Philippines and US for few weeks here and there until the spouse visa is approved which is normally will take almost 1year... The concern is if she will get approved to come back to US in tourist visa while theres a pending spouse visa petition. She is a doctor in the Philippines and don't have intention to stay in the US while the spouse visa is pending.  How many weeks before we can get married as soon as she gets in US as a tourist visa? how long is the process to apply for travel permit visa from tourist visa and when I filed a petition for a spouse visa. So she can return to the PHilippines and come back to US without any issue.

To be honest, I would have a plan B ready.

[Elbertviola 0]

1. what states where we can get married as soon as she comes here as a tourist visa? how many weeks we need to wait before getting married?

2. How many weeks before she can get back to the Philippines after the marriage? what permit we should apply to granted her a travel to the Philippines and come back

to US?

3. While in Multiple entry tourist visa and waiting for the AOS and she return to the Philippines to continue her work as a doctor and come back to US as a tourist w AOS.  How long she can stay in US and come back to Philippines.

[geowrian 22,337]

7 minutes ago, Elbertviola said:

1. what states where we can get married as soon as she comes here as a tourist visa? how many weeks we need to wait before getting married?

2. How many weeks before she can get back to the Philippines after the marriage? what permit we should apply to granted her a travel to the Philippines and come back

to US?

3. While in Multiple entry tourist visa and waiting for the AOS and she return to the Philippines to continue her work as a doctor and come back to US as a tourist w AOS.  How long she can stay in US and come back to Philippines.

1. I heard Vegas has no wait.
   1. You've asked that question multiple times now and it has been answered multiple times. Please re-read the responses from everybody above carefully. The answer is there already.
2. She can return home immediately after getting married if she wants. There is no permit to leave & return - she can visit again using her tourist visa.
   1. You've asked that question multiple times now and it has been answered multiple times. Please re-read the responses from everybody above carefully. The answer is there already.
3. She cannot come to the US on a tourist visa with intent to file for AOS. That is fraud. AOS is a process for people already in the US. It is not for people coming to the US on a tourist visa. She will go through consular processing abroad for a CR-1 visa.

Edited April 14, 2019 by geowrian

[Cyberfx1024 7,980]

4 minutes ago, Elbertviola said:

1. what states where we can get married as soon as she comes here as a tourist visa? how many weeks we need to wait before getting married?

2. How many weeks before she can get back to the Philippines after the marriage? what permit we should apply to granted her a travel to the Philippines and come back

to US?

3. While in Multiple entry tourist visa and waiting for the AOS and she return to the Philippines to continue her work as a doctor and come back to US as a tourist w AOS.  How long she can stay in US and come back to Philippines.

Please read the above responses because your questions were answered above.

[Going through 5,671]

8 minutes ago, Elbertviola said:

1. what states where we can get married as soon as she comes here as a tourist visa? how many weeks we need to wait before getting married?

Search on google for the States you are thinking about---no one here can give you a comprehensive list on all of them that have waiting periods, and how long each of those waiting periods are, off the top of their heads.

 

8 minutes ago, Elbertviola said:

2. How many weeks before she can get back to the Philippines after the marriage? what permit we should apply to granted her a travel to the Philippines and come back

to US?

After her marriage she can leave to go back to the Philippines at any time (so long as she is abiding by the date in her visa and doesn't overstay that)...this has been answered a couple of times.  Each time she attempts reentry into the US she would be using her tourist visa (if she is granted one)---there is no separate permit that is needed/exists in her situation.

 

8 minutes ago, Elbertviola said:

3. While in Multiple entry tourist visa and waiting for the AOS and she return to the Philippines to continue her work as a doctor and come back to US as a tourist w AOS.  How long she can stay in US and come back to Philippines.

This has been answered already.  How long she can stay is determined by CBP at the border---no one here can tell you for certain how long her duration of stay will be granted for.  It could be the typical 6 months, it could be less.

 

Also, AOS is NOT the same as applying for the CR-1.  That's two different things.

Edited April 14, 2019 by Going through

[Going through 5,671]

I'm a bit confused now.....

 

 

[Crazy Cat 41,908]

5 minutes ago, Going through said:

I'm a bit confused now.....

 

 

Asking for a friend?

[Cyberfx1024 7,980]

48 minutes ago, missileman said:

Asking for a friend?

Always.....

[usmsbow 801]

1 hour ago, Going through said:

I'm a bit confused now.....

 

 

 

His previous wife perhaps...