B1/B2 Visa

[slim 1,533]

It seems that the OP wants to use technicalities like not being "technically" engaged as some sort of plausible deniability in case things turn south.

Why not? The current administration uses technicalities like "high-level, reliable inteligence data" and "extraordinary rendition" all the time to explain daily SNAFUs.

Surely you could prove or disprove just about anything you wanted to using their own jargon against them. Something as simple as an intention to marry cannot be proven until there's actually documented evidence. A paper trail must be submitted. There must be a K-1 visa applied for, a marriage license, something of that nature with an approved governmental representative's signature on it or else it's just not real.

I had every intention of marrying Salma Hayek and Mariah Carey in a joint ceremony while I was in high school. Did that make them my fiancees?

As my boss at work says...... "If it aint on DVD, then it aint me."

And back on topic, this is kind of what seems to happen more than it needs to on this forum; we look at everything from the American perspective, from our side looking through the govt. to the impending visitor or immigrant. We must prove or disprove ourselves (and our S/Os) through valid evidence and, in turn, have plausible deniability of any suspected or possible wrong-doing. Guys, keep in mind, you're simply trying to get someone you love to come be with you in the smoothest and most efficient manner possible. That's all. It's not like you invaded a sovereign nation, toppled their government and then started a civil war or anything based on faulty "high-level, reliable inteligence data". Gosh, now that would be extraordinary.

[Satellite 1]

I think giving advice on how to "beat" the system is just inviting trouble, and the problem with that is that it's not us who have to live with the consequences. I can't even imagine how heartbreaking it would be for the OP's fiancée to be not only turned away but denied entry for years because they mis-used the B1/B2 Visa.

IF you get denied entry on a B1/B2 because you are inadmissible because you really need a K1 visa (suppose somehow the POE officer figured it out) that does not bar you from getting a K1 in the future nor does it put any kind of barrier.

Instead you are probably thinking of potential problems with AOS. Guess, what, you are in the US and together when you appeal or have troubles with this step. A big victory in my opinion.

Giving advice on how to work within the system, and even (legally) exploit weaknesses in the system that can be used to our advantage (such as the "RFE trick") is much more responsible and more likely to result in a happy reunion. Trying to exploit the system might be faster, and may even work 90% (made up statistic) of the time, but the stakes are just much too high.

Let's not forget that adjusting status from B1/B2 is NOT illegal.

[Satellite 1]

Entering on a B1/B2 with intent to marry is though.

Nope, that is legal too. Only entering with the intent to adjust status from a B1/B2 is illegal. A lot of things happen in Vegas as a tourist that you wished stayed in Vegas

[russ 1]

Entering on a B1/B2 with intent to marry is though.

Not true.

[russ 1]

Well, we are thinking now to postpone apply for the K-1 so she can visit in January, meet my folks and see some of my America. (Orlando is hardly the same as Virginia). Now that she has the visa does she have to show an invitation or something when she arrives? I guess I am in the dark about what the POE will require from her, if anything. Any advice about that would be appreciated.

With a valid visa, for a short stay, without overstaying the prior time, she should have no trouble. No invitations or anything like that, they will just want to know where she is staying and when she is returning. They don't need to know anything about you.

[russ 1]

Fair enough, but if you walk up to a customs agent at the airport with your B1/B2 Visa in hand and tell him you're marrying your USC boyfriend, then you're getting back on an airplane right quick. It's ludicrous to think that someone who's planning on entering the US to marry a USC isn't also intending to adjust their status. There are bound to be a very few exceptions of course, but those are the exceptions that prove the rule.

I know many people who have married US expats in the US, and then returned home. I also know tons of US expats married to foreigners (I used to live in Holland for a few years). None of them had any trouble marrying in the US, or travelling to the US with their American spouses, or adjusting while they were travelling here.

There are only a few exceptions where you can't adjust status in the US. One would be if you don't have a valid I-94 Arrival/Departure record. Another would be if you are adjusting on a K visa with a different spouse.

[russ 1]

As I said, there are bound to be a few exceptions, and again, that's not even close to what we're talking about in this particular case. The right thing in this particular case is to apply for K-1.

The right thing to do is speak with a lawyer.

The wrong thing to do now is file and I-129F petition (K-1). This will complicate travel to the US. This will likely cost her job in Russia (not being able to interview or travel, which necessary to being an MBA). They haven't decided to get married yet, not even a proposal. Not worth complicating her life.

It sounds like a very good job, for a multinational, that will easily translate to a good career in the US. Why mess that up?

Before I got married, I dated women from many other countries (I was an expat for a while, most of my friends lived outside the US anyway).

[Fettman 0]

Well, we are thinking now to postpone apply for the K-1 so she can visit in January, meet my folks and see some of my America. (Orlando is hardly the same as Virginia). Now that she has the visa does she have to show an invitation or something when she arrives? I guess I am in the dark about what the POE will require from her, if anything. Any advice about that would be appreciated.

With a valid visa, for a short stay, without overstaying the prior time, she should have no trouble. No invitations or anything like that, they will just want to know where she is staying and when she is returning. They don't need to know anything about you.

She basically needs to tell them what I tell the control guy in Germany, that I am here to visit a friend and will be there for a week or whatever.

[slim 1,533]

(such as the "RFE trick")

What is the RFE trick?

And I don't think any of us on here have tried to sway the OP into doing anything illegal. We've all been trying to tell him what he and his "girlfriend" are legally able to do. The fact that he's trying to find the best way to legally go about it is the legal way to do it.

I do like the fact that you're holding yourself to a higher standard than our government though. That's pretty good! But, the way I see it, they have a "minimum standard" that must be adhered to in all matters and following the minimum to get married to your "girlfriend" seems like a pretty good deal to me, maybe even above the standard.

[slim 1,533]

That reminds me of all those 10-10-220 commercials they used to have.

Seems like a lot of work to go through just to find out the status of your case.

[slim 1,533]

What would be the advantage of talking to a live person as opposed to simply logging on to the website and seeing the status of your case?

Is this for instances where you're completely past due for an approval or something? Like when you've been waiting a lot longer than you theoretically should have? (Like 6 weeks from NVC?)

I must admit, I'm a little in the dark here. Questions like this are answered in about 3 seconds on the K-1 and NVC forums. There are folks in those forums that could train the USCIS officers on procedural regulations. I never really went to those forums because I sailed through (luckily) but it's definitely nice to know there's a "trick" to pull when dealing with delays.

Now if only there were a trick to get around that pesky K-1......

[Fettman 0]

Ok, so if I plan on her coming in January to visit do I need to prepare any invitations or whatnot? We would not be submitting the K-1 visa until after she returned home. No mention of fiance/e would be given. Thanks!

[Satellite 1]

Ok, so if I plan on her coming in January to visit do I need to prepare any invitations or whatnot? We would not be submitting the K-1 visa until after she returned home. No mention of fiancé/e would be given. Thanks!

If you make some kind of letter, she will likely get denied a B1 business visa! Because you are purposely introducing yourself as a possible fiancé into the equation! I wouldn't do it if I was you. She has everything she needs to get the visa, and you can only be detriment.

[slim 1,533]

If her visa is good for the whole year, just have her say something like "I'm visiting the area to see what my perspective employer has to offer."

[Fettman 0]

Ok, so if I plan on her coming in January to visit do I need to prepare any invitations or whatnot? We would not be submitting the K-1 visa until after she returned home. No mention of fiancé/e would be given. Thanks!

If you make some kind of letter, she will likely get denied a B1 business visa! Because you are purposely introducing yourself as a possible fiancé into the equation! I wouldn't do it if I was you. She has everything she needs to get the visa, and you can only be detriment.

So, she would not need an invitation of any sort then? I can get an organization or friends of mine to do the invitation if it is necessary. I am going to find out all the things she was asked when I see her next week in Berlin, but I do know they asked her several times where she was staying. However, it sounds like she needs nothing special since she has the visa.