Can my fiancé come to America on his B2 Tourist Visa & get married in the US?

[MLo 4]

Can my fiancé come to America on his B2 Tourist Visa & get married in the US because all my family is here? If so, do we have to wait 90 days to process the I130 form? 

 

 

[powerpuff 6,744]

What the plan after getting married in the US?

[appleblossom 2,816]

2 hours ago, MLong said:

Can my fiancé come to America on his B2 Tourist Visa & get married in the US because all my family is here? If so, do we have to wait 90 days to process the I130 form? 

 

 

I’m confused - your previous thread says you’re already married? He can visit but can’t enter with the intention of staying, as that would be immigration fraud. 

Edited January 10 by appleblossom

[MLo 4]

Thank you so much for your response! 
 

Does he have to return home as soon as we get married or is he okay to return home once his B2 visa period is up? Or just has to return home before we file for the transition to petition? 

[Lil bear 4,261]

32 minutes ago, MLo said:

Thank you so much for your response! 
 

Does he have to return home as soon as we get married or is he okay to return home once his B2 visa period is up? Or just has to return home before we file for the transition to petition? 

He must leave before the period of stay, determined on entry by the CBP Officer, is up. He must not overstay or he will risk losing his visitor visa. You can apply for the I 130 as soon as you have all the documents in hand , even if he is still here in the US. But he needs to leave before his authorized stay expires  

[MLo 4]

Just now, Lil bear said:

He must leave before the period of stay, determined on entry by the CBP Officer, is up. He must not overstay or he will risk losing his visitor visa. You can apply for the I 130 as soon as you have all the documents in hand , even if he is still here in the US. But he needs to leave before his authorized stay expires  

Got it- so he can stay in the US with me after we get married, stay as we adjust his status status to I130, but must leave before his authorized stay ends as stated by CBP on his B2 visa? 

[powerpuff 6,744]

6 minutes ago, MLo said:

stay as we adjust his status status to I130,

He CANNOT adjust his status. That’s not an option for you. Adjustment of status is form I-485 anyway

 

I-130 is to petition a relative and that’s what you’ll need for a consular process abroad, not adjustment of status in the US.

[Lil bear 4,261]

1 minute ago, MLo said:

Got it- so he can stay in the US with me after we get married, stay as we adjust his status status to I130, but must leave before his authorized stay ends as stated by CBP on his B2 visa? 

He will not be “Adjusting his status”   Entering into the US using a visitor visa but with the intent to adjust status is unlawful  You will be filing the I 130 after marrying him, in order to be approved as  eligible to petition for an immigrant visa for your non USC spouse. Once the I 130 is approved, he will then complete the application for a Cr1 spouse visa, using the Consular process. This takes place while he is living in his home country. As he already has a visitor visa, he can continue to visit you while this is  all being processed, but he cannot use a visitor visa to live here with you .. only visit. And entry each time is always at the discretion of the CBP at point of entry 

[top_secret 2,460]

The issue is simple.  When he arrives, CBP will ask the question "how long are you staying?".  If he answered honestly that he intends to stay, marry and adjust status he will be denied entry on a B2 visa.  If he lied and says he intends to marry and return to his home country even though he intends to stay and adjust status then it seems like a material misrepresentation. 

[MLo 4]

12 minutes ago, Lil bear said:

He will not be “Adjusting his status”   Entering into the US using a visitor visa but with the intent to adjust status is unlawful  You will be filing the I 130 after marrying him, in order to be approved as  eligible to petition for an immigrant visa for your non USC spouse. Once the I 130 is approved, he will then complete the application for a Cr1 spouse visa, using the Consular process. This takes place while he is living in his home country. As he already has a visitor visa, he can continue to visit you while this is  all being processed, but he cannot use a visitor visa to live here with you .. only visit. And entry each time is always at the discretion of the CBP at point of entry 

Thank you! 
 

So to break it down: 

 

- He comes to visit with his B2 visa 

- We get married as already planned for my family 

- File I 130 (isn’t there a 90 day rule stating you can’t file for 90 days?) 

- Must leave before his B2 visit is up 

-  Once I 130 is filed & approved, he completes Cr1 spouse visa in his country 

- He is still able to visit me (respecting B2 visiting limits) if CBP allows

 

Am I understanding this properly? Truly appreciate your help & insight!  

[Lil bear 4,261]

3 minutes ago, MLo said:

Thank you! 
 

So to break it down: 

 

- He comes to visit with his B2 visa 

- We get married as already planned for my family 

- File I 130 (isn’t there a 90 day rule stating you can’t file for 90 days?) 

- Must leave before his B2 visit is up 

-  Once I 130 is filed & approved, he completes Cr1 spouse visa in his country 

- He is still able to visit me (respecting B2 visiting limits) if CBP allows

 

Am I understanding this properly? Truly appreciate your help & insight!  

Yes  

[leviiathan 206]

2 minutes ago, MLo said:

Thank you! 
 

So to break it down: 

 

- He comes to visit with his B2 visa 

- We get married as already planned for my family 

- File I 130 (isn’t there a 90 day rule stating you can’t file for 90 days?) 

- Must leave before his B2 visit is up 

-  Once I 130 is filed & approved, he completes Cr1 spouse visa in his country 

- He is still able to visit me (respecting B2 visiting limits) if CBP allows

 

Am I understanding this properly? Truly appreciate your help & insight!  

USCIS has no such 90 day rule. Thats simply something made-up.
You are fine to file I-130 after marriage and continue with the plan you sent here. 
 

[MLo 4]

4 minutes ago, top_secret said:

The issue is simple.  When he arrives, CBP will ask the question "how long are you staying?".  If he answered honestly that he intends to stay, marry and adjust status he will be denied entry on a B2 visa.  If he lied and says he intends to marry and return to his home country even though he intends to stay and adjust status then it seems like a material misrepresentation. 

Oh he would definitely leave before his stay expires- not trying to jump through any hoops. But does he need to disclose that he is going to get married when he comes? He already has flights going back to his country before his stay expires. 

Just now, MissLadyRea said:

USCIS has no such 90 day rule. Thats simply something made-up.
You are fine to file I-130 after marriage and continue with the plan you sent here. 
 

Thank you so much! Truly appreciate your help  

[MLo 4]

3 minutes ago, Lil bear said:

Yes  

Thank you so much! 

[Lil bear 4,261]

Just now, MLo said:

Thank you so much! 

My pleasure. It may have been 8 years ago now that we were trying to get out heads around all this process .. But I well remember the confused, mind numbing feelings and thoughts!!