Getting married on B1/B2?

[ihaveablackcloud 2]

My boyfriend is coming in this summer to attend a three month medical program. We planned on getting engaged, he would then return to his country of residence, and then we were going to apply for the K1 visa so that he would be able to return and marry after he graduates in 2021. We have recently begun talking about the possibility of marriage when he comes this summer, but I am concerned if that may appear as visa fraud. He has every intention of returning after we marry...he absolutely must, otherwise he will not be able to graduate. He also has proof (an invitation letter) from the medical program he will be attending while here. I read that it is possible to get married on a visitor visa, but you have to wait 60 days so that it is clear that marriage was not the intention. After he goes back, I would then apply for the spouse visa. Is this a plausible scenario? 

[Letspaintcookies 2,310]

4 minutes ago, ihaveablackcloud said:

My boyfriend is coming in this summer to attend a three month medical program. We planned on getting engaged, he would then return to his country of residence, and then we were going to apply for the K1 visa so that he would be able to return and marry after he graduates in 2021. We have recently begun talking about the possibility of marriage when he comes this summer, but I am concerned if that may appear as visa fraud. He has every intention of returning after we marry...he absolutely must, otherwise he will not be able to graduate. He also has proof (an invitation letter) from the medical program he will be attending while here. I read that it is possible to get married on a visitor visa, but you have to wait 60 days so that it is clear that marriage was not the intention. After he goes back, I would then apply for the spouse visa. Is this a plausible scenario? 

You can absolutely get married while he's there on a visitor visa and there is no waiting period. People do that all the time. As long as he goes back to his home country and you apply for a spousal visa there is nothing to worry at all.

[Boiler 46,033]

Agree not an issue and makes much more sense.

[igoyougoduke 1,675]

1 hour ago, ihaveablackcloud said:

My boyfriend is coming in this summer to attend a three month medical program. We planned on getting engaged, he would then return to his country of residence, and then we were going to apply for the K1 visa so that he would be able to return and marry after he graduates in 2021. We have recently begun talking about the possibility of marriage when he comes this summer, but I am concerned if that may appear as visa fraud. He has every intention of returning after we marry...he absolutely must, otherwise he will not be able to graduate. He also has proof (an invitation letter) from the medical program he will be attending while here. I read that it is possible to get married on a visitor visa, but you have to wait 60 days so that it is clear that marriage was not the intention. After he goes back, I would then apply for the spouse visa. Is this a plausible scenario? 

 As long as he maintains as a visitor and has no intentions of adjusting , you guys can do whatever you want.

[designguy 1,179]

Definitely get married and do the CR1. With your timeline it seems perfectly aligned. This way once he enters the US he can work immediately and wont have to wait 6months ish . Otherwise you will be going through the AOS process which would be a pain and in your case, avoidable

[SalishSea 18,125]

On 1/15/2020 at 9:04 AM, ihaveablackcloud said:

My boyfriend is coming in this summer to attend a three month medical program. We planned on getting engaged, he would then return to his country of residence, and then we were going to apply for the K1 visa so that he would be able to return and marry after he graduates in 2021. We have recently begun talking about the possibility of marriage when he comes this summer, but I am concerned if that may appear as visa fraud. He has every intention of returning after we marry...he absolutely must, otherwise he will not be able to graduate. He also has proof (an invitation letter) from the medical program he will be attending while here. I read that it is possible to get married on a visitor visa, but you have to wait 60 days so that it is clear that marriage was not the intention. After he goes back, I would then apply for the spouse visa. Is this a plausible scenario? 

Make sure he also researches what it will take for him to be able to practice here in the states eventually.  It is a complex process.

[HRQX 4,145]

On 1/15/2020 at 9:04 AM, ihaveablackcloud said:

He has every intention of returning after we marry...

It's allowed:

  

On 1/15/2020 at 9:04 AM, ihaveablackcloud said:

but you have to wait 60 days so that it is clear that marriage was not the intention. 

Don't have to wait. Read the FAM: "A nonimmigrant in B status, marrying a United States citizen or lawful permanent resident and taking up residence in the United States." https://fam.state.gov/fam/09FAM/09FAM030209.html As a visitor he isn't a resident. You can marry when you want in the US.

Edited May 24, 2020 by HRQX