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

[MLo 4]

Just now, MLo said:

Thank you so much! 

 

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. 

[MLo 4]

Just now, Lil bear said:

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!!  

It’s very scary & a lot of pressure to make sure everything is just right- truly appreciate your insight & patience as I start this process ♥️ 

[Lil bear 4,261]

4 minutes ago, MLo said:

 

 

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. 

He must answer all questions honestly. Simply. IF asked.. no need to offer information that is not asked  

 

Who are you visiting ? My fiancé.  

Are you planning to get married while you are here ? Yes.. and i will be returning to my home country after the visit. 
 

Remember that, even though his visa states a maximum stay , the CBP officer may authorize a shorter time period 

Edited January 10 by Lil bear

[VinnyH 61]

1 hour ago, Lil bear said:

Remember that, even though his visa states a maximum stay , the CBP officer may authorize a shorter time period 

If I may add some information to what you've just written...

 

A visa (issued by the U.S. Dept. of State) is merely an authorization to show up / present yourself in front of a U.S. Immigration Officer (the CBP Officer – U.S. Dept. of Homeland Security) at a U.S. POE ("Point Of Entry") – might it be an airport or a land border POE.

 

The duration of the visa means that you can use (meaning to show up at a POE) at any time until its expiration. You can technically use it to present yourself at a POE on the very last day. For a B1/B2, it is generally 10 years.

 

The maximum duration allowed for your stay (as stamped on the passport) is left at the discretion of the CBP Officer, and ultimately decided upon entry (regardless of whether a visa mentions a maximum duration annoted as a remark by the Consular Agent who issued the visa – in the comments section). On the vast majority of the cases, people on a B1/B2 visa are granted a maximum stay of 6 months. This does not mean however that the visitor should stay that long, except for valid and legitimate reasons (how can a visitor indeed stay that long – this would demonstrate no ties in the home country, no job to go back to, and a stronger suspicion of immigrant intent).

 

In the case of OP @MLo, if your fiance intends to come back regularly to visit you on his B1/B2 visa while the I-130 and CR1 visa and processed, it would be wise to not stay up to full duration of 6 months, because it may potentially jeopardize the subsequent B1/B2 visits and bring suspicions upon himself.

 

I would advise 3-4 months, which should be enough for the wedding, spend quality time / honeymoon etc... assuming your fiance can take that much vacation and demonstrate he has the sufficient financial means.

 

Again, do not volunteer to provide more information than what the CBP Officer asks you. However, if asked how long he plans to stay, do not lie: be honest, factual, assertive with proof to back your plans (return ticket, events agenda, bank account balance etc...).

Stating that you are coming to the U.S. to marry a U.S. citizen will almost always bring scrutiny and unless the CBP Officer is easy that day, your fiance most likely will get additional questions. He needs to be prepared and convincing.

 

Good luck

Edited January 10 by VinnyH
typo / clarification

[SalishSea 17,980]

6 hours ago, MLo 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? 

 

 

No.   He can’t enter with the intent to marry and adjust status.   That’s immigration fraud, but I think you know that.

[MLo 4]

6 hours ago, SalishSea said:

No.   He can’t enter with the intent to marry and adjust status.   That’s immigration fraud, but I think you know that.

Yup, thank you! 

7 hours ago, VinnyH said:

If I may add some information to what you've just written...

 

A visa (issued by the U.S. Dept. of State) is merely an authorization to show up / present yourself in front of a U.S. Immigration Officer (the CBP Officer – U.S. Dept. of Homeland Security) at a U.S. POE ("Point Of Entry") – might it be an airport or a land border POE.

 

The duration of the visa means that you can use (meaning to show up at a POE) at any time until its expiration. You can technically use it to present yourself at a POE on the very last day. For a B1/B2, it is generally 10 years.

 

The maximum duration allowed for your stay (as stamped on the passport) is left at the discretion of the CBP Officer, and ultimately decided upon entry (regardless of whether a visa mentions a maximum duration annoted as a remark by the Consular Agent who issued the visa – in the comments section). On the vast majority of the cases, people on a B1/B2 visa are granted a maximum stay of 6 months. This does not mean however that the visitor should stay that long, except for valid and legitimate reasons (how can a visitor indeed stay that long – this would demonstrate no ties in the home country, no job to go back to, and a stronger suspicion of immigrant intent).

 

In the case of OP @MLo, if your fiance intends to come back regularly to visit you on his B1/B2 visa while the I-130 and CR1 visa and processed, it would be wise to not stay up to full duration of 6 months, because it may potentially jeopardize the subsequent B1/B2 visits and bring suspicions upon himself.

 

I would advise 3-4 months, which should be enough for the wedding, spend quality time / honeymoon etc... assuming your fiance can take that much vacation and demonstrate he has the sufficient financial means.

 

Again, do not volunteer to provide more information than what the CBP Officer asks you. However, if asked how long he plans to stay, do not lie: be honest, factual, assertive with proof to back your plans (return ticket, events agenda, bank account balance etc...).

Stating that you are coming to the U.S. to marry a U.S. citizen will almost always bring scrutiny and unless the CBP Officer is easy that day, your fiance most likely will get additional questions. He needs to be prepared and convincing.

 

Good luck

Thank you so much 😊 I appreciate you! 

[igoyougoduke 1,663]

10 hours ago, 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. 
 

the 90 day rule seems to continue making it up everywhere. i blame the lawyer world for all this confusion 

[MLo 4]

Just now, igoyougoduke said:

the 90 day rule seems to continue making it up everywhere. i blame the lawyer world for all this confusion 

Ahhh okay, thank you for your help!  

[TBoneTX 45,663]

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TBoneTX

VJ Moderation

[Family 4,065]

On 1/10/2024 at 6:17 AM, igoyougoduke said:

the 90 day rule seems to continue making it up everywhere. i blame the lawyer world for all this confusion 

It persists because it is a real and practical consideration 😂…a way to make the IO ‘a job easier w no pesky FDNS type of questions or strenuous evaluations..

The rule is not binding on USCIS…and IR are exempt from the “ presumption “ …but it’s good practice 

 

 

 

 

 

 

 

https://www.cliniclegal.org/resources/ground-inadmissibility-and-deportability/uscis-incorporates-state-departments-90-day-rule

USCIS incorporates State Department’s ‘90-Day Rule’

Author

Jennifer Riddle

Last Updated

June 4, 2018

Topics

Ground of Inadmissibility and Deportability

Misrepresentation and False Claim to Citizenship

Last year the Department of State announced that it was replacing its  “30/60-day rule” with a “90-day rule” as the standard applied by consular officers in evaluating inadmissibility for fraud pursuant to INA § 212(a)(6)(C)(i). The 90-day rule subjects a nonimmigrant to a presumption of having made a willful material misrepresentation at the time of admission or application for a nonimmigrant visa when that nonimmigrant enters the United States and within 90 days engages in conduct inconsistent with his or her nonimmigrant status. The Foreign Affairs Manual at 9 FAM 302.9-4(B)(3) enumerates the following examples of inconsistent conduct:

• working without authorization
• enrolling in school when academic study is not authorized by one’s nonimmigrant status
• marrying a U.S. citizen or lawful permanent resident and taking up residence in the United States when one is in B or F status
• undertaking any other activity for which a change of status or adjustment of status would be required, without the benefit of such a change or adjustment.

When someone engages in conduct that triggers the presumption of material misrepresentation, it is that person’s burden to rebut the presumption.

USCIS updated Chapter 3 of Volume 8, Part J of the Policy Manual on May 15, 2018, which discusses adjudicating inadmissibility based on a misrepresentation. Specifically, the manual acknowledges that the State Department’s 90-day rule is an analytic tool for consular officers, not a binding principle or decision. Furthermore, the manual clarifies that the rule is not binding on USCIS. Those adjudicators “should continue to evaluate cases for potential fraud indicators and, when appropriate, refer cases to Fraud Detection and National Security according to existing procedures.”

Despite this language, practitioners should be prepared for USCIS officers to ask questions about potential misrepresentation when a client has engaged in conduct inconsistent with nonimmigrant status within 90 days of entry. Such conduct could include entering as a tourist and then working without authorization or marrying a U.S. citizen and applying for adjustment of status. Clients should be prepared to show that they did not misrepresent their intentions when they entered or applied for a nonimmigrant visa. For example, they should be prepared to explain why the decision to work or marry arose only after they entered the country based on new circumstances.   

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https://www.immigrationhelp.org/learning-center/90-day-rule#

 

 

https://www.boundless.com/immigration-resources/90-day-rule-explained/

 

 

 

https://www.lawfirm4immigrants.com/the-90-day-rule-explained/

The Policy Manual that was changed in 2018 indicates that the 90-day rule is not binding on USCIS but it helps officers to evaluate cases and determine whether the green card applicant applying from within the U.S. misled government officers when granted a visa or admitted to the country

[Family 4,065]

This thread has me scratching my head …as @appleblossom

pointed out OP previously posted she was already “ married “ and asked very specific Adj and EAD questions.,,no direct response from OP.

 

 

 

 

 

[millefleur 5,047]

**One post removed along with quoting reply due to TOS violations. Administrative action taken.**

 

VJ Moderation

[SalishSea 17,980]

On 1/13/2024 at 7:50 PM, Family said:

This thread has me scratching my head …as @appleblossom

pointed out OP previously posted she was already “ married “ and asked very specific Adj and EAD questions.,,no direct response from OP.

 

 

 

 

 

Asking for a friend/shared account......😂