Chances of getting married on tourist visa (B2) then adjust status

[G87092 3]

 

1, If I marry my Ukrainian boyfriend, who entered the U.S. with a tourist visa (B2), what are the chances that our Adjustment of Status will be approved? We’re aware of the 90-Day Rule, so we will wait until after that to get married and file for AOS.

 

2.Is there any chance that his tourist visa (B2) will be stamped for less than 6 months? The last time he entered was June 19, 2024, and he was only here for 12 days.

 

3.Will a potential Trump administration slow down the process or affect it in any way? Should he enter the U.S. before the inauguration just to be safe?

 

4.We’re also exploring other options, like getting married outside the U.S. and then applying for I-130, or applying for a K-1 visa. What is the timeline for each option? What are the pros and cons of each?

1. Which option would allow him to work sooner?

[appleblossom 2,398]

1 minute ago, G87092 said:

 

1, If I marry my Ukrainian boyfriend, who entered the U.S. with a tourist visa (B2), what are the chances that our Adjustment of Status will be approved? We’re aware of the 90-Day Rule, so we will wait until after that to get married and file for AOS.

 

2.Is there any chance that his tourist visa (B2) will be stamped for less than 6 months? The last time he entered was June 19, 2024, and he was only here for 12 days.

 

3.Will a potential Trump administration slow down the process or affect it in any way? Should he enter the U.S. before the inauguration just to be safe?

 

4.We’re also exploring other options, like getting married outside the U.S. and then applying for I-130, or applying for a K-1 visa. What is the timeline for each option? What are the pros and cons of each?

1. Which option would allow him to work sooner?

 

Where is your boyfriend now, is he in the US?

Edited October 21 by appleblossom

[Crazy Cat 41,731]

35 minutes ago, G87092 said:

Should he enter the U.S. before the inauguration just to be safe?

That sounds like he is outside the US right now.  A person cannot enter the US via a B2 with the intent to stay and adjust status.  Attempting to do so is visa fraud.

Edited October 21 by Crazy Cat

[Crazy Cat 41,731]

***Moved from Adjustment of Status to What Visa Do I Need as OP comment appears to indicate fiance is outside the US****

Every couple has their own priorities, and each couple must decide which visa is better for their situation.

K-1 
  More expensive than CR-1
  Requires Adjustment of Status after marriage (expensive and requires a lot of paperwork)
  Spouse can not leave the US until she/he receives approved Advance Parole (approx 3-6 months) 
  Spouse can not work until she/he receives EAD (approx 3-6 months) 
  Some people have had problems with driver licenses, Social Security cards, leases, bank account during this period 
  Spouse will not receive Green Card for many months after Adjustment of Status is filed.
  A K-1 might be a better choice when 18-21 year old children are immigrating also
  In some situations, marriage can affect certain Home country benefits, making a K-1 a better choice 
  A denied K-1 is sent back to USCIS to expire
  K-1 entrant cannot file for citizenship until after having Green Card for 3 years.
  Once an I-129F has been approved, delaying the case is difficult to impossible if the need arises.

CR-1/IR-1
  Less expensive than K-1 
  No Adjustment of Status(I-485, I-131, I-765) required. 
  Spouse can immediately travel outside the US 
  Spouse is authorized to work immediately upon arrival. 
  Spouse receives Social Security Card and Green Card within 2 or 3 weeks after entering the US 
  Opening a bank account, getting a driver's license, etc. are very easily accomplished with GC, SS card, and passport.
  Spouse has legal permanent Resident status IMMEDIATELY upon entry to US.
  The clock for citizenship filing starts immediately upon entry to the US.
  A CR-1/IR-1 case can be delayed indefinitely at NVC if the need arises. 
   

 

[Dashinka 24,450]

50 minutes ago, G87092 said:

 

1, If I marry my Ukrainian boyfriend, who entered the U.S. with a tourist visa (B2), what are the chances that our Adjustment of Status will be approved? We’re aware of the 90-Day Rule, so we will wait until after that to get married and file for AOS.

 

2.Is there any chance that his tourist visa (B2) will be stamped for less than 6 months? The last time he entered was June 19, 2024, and he was only here for 12 days.

 

3.Will a potential Trump administration slow down the process or affect it in any way? Should he enter the U.S. before the inauguration just to be safe?

 

4.We’re also exploring other options, like getting married outside the U.S. and then applying for I-130, or applying for a K-1 visa. What is the timeline for each option? What are the pros and cons of each?

1. Which option would allow him to work sooner?

If he is not currently in the US then 1,2 and 3 are immaterial as @Crazy Cat and @appleblossom pointed out.  I would focus on item 4, and if working upon entering the US is important, I would pursue the spousal visa.

 

Btw, there is no such thing as a 90 day rule, but again, immaterial as it sounds like he is not currently in the US.

 

Good Luck!

[G87092 3]

He is outside of the US right now! 

[Dashinka 24,450]

5 minutes ago, G87092 said:

He is outside of the US right now! 

So your only options are a K1 or a spousal (CR1/IR1) visa.  

 

Good Luck!

[G87092 3]

The Tourist Visa route just seems like the fastest option compared to waiting for the K1 visa, and we can be together physically during the waiting process. What if he provides another legitimate reason for entering, such as attending events?

 

[Boiler 45,417]

4 minutes ago, G87092 said:

The Tourist Visa route just seems like the fastest option compared to waiting for the K1 visa, and we can be together physically during the waiting process. What if he provides another legitimate reason for entering, such as attending events?

 

They always asked me what is the purpose of your visit.

 

To marry and stay would be the answer here and not go down well.

 

There is no 90 day rule.

 

There is U4U which would be a lot quicker and has multiple benefits

[Dashinka 24,450]

9 minutes ago, G87092 said:

The Tourist Visa route just seems like the fastest option compared to waiting for the K1 visa, and we can be together physically during the waiting process. What if he provides another legitimate reason for entering, such as attending events?

 

How will he answer CBP when entering when they ask for the purpose of his visit?

[appleblossom 2,398]

10 minutes ago, G87092 said:

The Tourist Visa route just seems like the fastest option compared to waiting for the K1 visa, and we can be together physically during the waiting process. What if he provides another legitimate reason for entering, such as attending events?

 

 

Another legitimate reason for entering doesn't make it ok - it's still immigration fraud! As above, he can't enter as a visitor if his actual intent is to stay via AOS.

 

Don't risk it, just petition him properly. Good luck. 

[Crazy Cat 41,731]

13 minutes ago, G87092 said:

What if he provides another legitimate reason for entering, such as attending events?

Are you suggesting he lie to CBP about his real intent?  That would not go well, and it is strictly against the terms of service here to condone or advocate that.

Edited October 21 by Crazy Cat

[powerpuff 6,651]

24 minutes ago, G87092 said:

The Tourist Visa route just seems like the fastest option compared to waiting for the K1 visa, and we can be together physically during the waiting process. What if he provides another legitimate reason for entering, such as attending events?

 

Nobody here is going to condone fraud (because what you’re suggesting is fraud - you know what the primary reason for entry is but you’re trying to mask it with a “legitimate” reason) while all of us had to be separated and wait the proper process out.

[G87092 3]

He thought about U4U, but is he eligible if he wasn’t in Ukraine when the war started (he's been working and living in Dubai for the past 5 years)? Would he risk losing his B2 Visa if applying fro U4U?

 

[powerpuff 6,651]

2 minutes ago, G87092 said:

He thought about U4U, but is he eligible if he wasn’t in Ukraine when the war started (he's been working and living in Dubai for the past 5 years)? Would he risk losing his B2 Visa if applying fro U4U?

 

 

Beneficiaries are eligible for this process if they:

• Resided in Ukraine immediately before the Russian invasion (through Feb. 11, 2022) and were displaced by the invasion;
• Are a Ukrainian citizen and possess a valid Ukrainian passport (or are a child included on a parent’s passport) or, if not a Ukrainian citizen, are an immediate family member of a Ukrainian citizen beneficiary of Uniting for Ukraine who has a valid passport and is traveling with the Ukrainian citizen beneficiary;
• Have a supporter who filed a Form I-134A on their behalf that USCIS has vetted and confirmed as sufficient; and
• Clear biographic and biometric security checks.

https://www.uscis.gov/ukraine#:~:text=Supporters who file Form I,and enrolling children in school.