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Razorfish

B2 - Getting married in the US to girlfriend/fiancé from Vietnam

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Posted

I’m a US Citizen in a relationship with my Vietnamese girlfriend for 2 years.  She’s been to the US three times on her B2 and I’ve been to HCMC Vietnam four times in 2 years.  

 

Her first B2 issuance required a US Consulate interview in HCMC Vietnam and was approved. The renewal of her B2 was via mail only and was approved – no consulate interview. 

 

  1. She is currently here in the US on her B2 and this is her 4th trip to the US in 2 years. 
  2. She’s been here 1 month. 
  3. She will return back to her home country , Vietnam, on Jan 28, 2025. 

 

Although we did not intend to get engaged nor married during this visit; “love” just happens. Proposed on Jan 10, 2025 and she said yes. 😊

 

Although there is nothing “legally” preventing us from getting married in the USA before she returns back to Vietnam, we’re trying to navigate the lunacy/complexity of immigration and visa’s without inadvertently committing immigration fraud or creating any further complexities for our future together.

 

Scenario 1: 

 

  1. Girlfriend entered the US on her B2 and we had no intent to engage or get married. 
  2. We are engaged as of Jan 10, 2025 – love just happens despite what we plan sometimes. 
  3. We get married here in the US before she goes back home on Jan 28, 2025
  4. She returns to Vietnam 
  5. We later petition I-130/CR1 while she is in Vietnam

 

Would her B2 get revoked/cancelled in this scenario? Any pitfalls, mistakes, or advice regarding ‘Scenario 1’? 

 

Scenario 2: 

 

1.        We do NOT get married in the US while she is currently here. 

2.        Girlfriend/fiancé returns to Vietnam

3.        I travel to Vietnam and we marry in her home country – which is recognized in the US as a legal marriage.  

4.        We petition for I-130/CR1 after we wed while in Vietnam

 

In Scenario 2, after we petition for I-130 outside of the US, would she still be able to travel to the US on her B2, or would her “tourist” visa get revoked/cancelled while we wait for CR1 outside of the the US? 

 

She has a thriving business in Vietnam and  B2 has been a lifeline in our relationship allowing us to spend time together and evolve our relationship, but with the flexibility that she can go back to Vietnam and re-enter the US. Permanent residency in the US is not something that she is entirely keen on since she has a full life in Vietnam, however, I feel that we need a single country of base residence which creates roots and stability. Needless to say, all the travel back and forth is disruptive in so many ways and we just want to to stabilize this long-distance relationship and soon to be marriage. Thanks in advance for any input, advice, wisdom….

Filed: Citizen (apr) Country: Russia
Timeline
Posted

I agree either option is fine, but unless you want to plan a big wedding, I would choose option 1 as you can get the immigration ball started sooner.

 

I also agree, her B2 will not be revoked by simply getting married to a USC.  She can visit during the process with her valid B2 (many people do this).  The advice is to not abuse the B2 such as coming to the U.S. for six months, leaving for a few days and then coming back for another six months stay.  Using a B2 like that is what gets them canceled.

 

Good Luck!

Visa Received : 2014-04-04 (K1 - see timeline for details)

US Entry : 2014-09-12

POE: Detroit

Marriage : 2014-09-27

I-765 Approved: 2015-01-09

I-485 Interview: 2015-03-11

I-485 Approved: 2015-03-13

Green Card Received: 2015-03-24 Yeah!!!

I-751 ROC Submitted: 2016-12-20

I-751 NOA Received:  2016-12-29

I-751 Biometrics Appt.:  2017-01-26

I-751 Interview:  2018-04-10

I-751 Approved:  2018-05-04

N400 Filed:  2018-01-13

N400 Biometrics:  2018-02-22

N400 Interview:  2018-04-10

N400 Approved:  2018-04-10

Oath Ceremony:  2018-06-11 - DONE!!!!!!!

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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