Entering on B1/B2 and getting married

[Benika 1]

When I first started research on getting married to an American Citizen I thought about just coming to America, getting married and dealing with the fallout later. The possible repercussions made us decide against. The more I read online though the more it seems that this is an option that has worked for a lot of people.

Somehow I can’t find many details about people getting banned from the country or even send back to their own countries while the process is underway. Although the actual process seem to take a long time, most people get a work visa while the process is underway so really they are together in America and the new person can work in America ... what is the problem?

Does anyone know any different?

[Cham 3]

If you enter the US on a b2 visa to get married I believe this is illigal...

not sure...so anyone???

[spookyturtle 9,466]

The problem isn't getting married, it's adjusting status without having to leave the country. If you enter the county on a B-1 or B-2 with the intent of getting married, it is visa fraud as you are intending to immigrate on a non immigrant visa. Do people do it? Yes. Do they get away with it and successfully adjust status in country? Sometimes. What happens if they decide it was visa fraud to circumvent the US immigration laws? You file the I-130, leave the US and wait for a visa in your home country. Do you want to lie and risk getting caught, or just get the K-1 and do it right? Your choice.

[Ban Hammer 13,488]

When I first started research on getting married to an American Citizen I thought about just coming to America, getting married and dealing with the fallout later. The possible repercussions made us decide against. The more I read online though the more it seems that this is an option that has worked for a lot of people.

Somehow I can’t find many details about people getting banned from the country or even send back to their own countries while the process is underway. Although the actual process seem to take a long time, most people get a work visa while the process is underway so really they are together in America and the new person can work in America ... what is the problem?

Does anyone know any different?

one forum that may be of interest to you is this one:

http://www.visajourney.com/forums/index.php?showforum=130

[ldshgirl 0]

If you enter the US on a b2 visa to get married I believe this is illigal...

not sure...so anyone???

To enter to the States on the B2 visa and get married is illegal. But one of my friend just did it, and they are married like 7 years ago... she's still illegal and can not do what she really wants... they already has 2 kids and they was born in the US, so they can stay but there is still a chance that the gov will send her back to Hungary without her kids... :S So my advice is to do this K1, it is so much easier and it is worth it!!!!

Edited September 25, 2008 by ldshgirl

[payxibka 10,047]

To enter to the States on the B2 visa and get married is illegal. But one of my friend just did it, and they are married like 7 years ago... she's still illegal and can not do what she really wants... they already has 2 kids and they was born in the US, so they can stay but there is still a chance that the gov will send her back to Hungary without her kids... :S So my advice is to do this K1, it is so much easier and it is worth it!!!!

Please, it is not illegal to enter the USA on a tourist visa and get married. Foreigners go to Hawaii and Las Vegas for destination weddings all the time.

What is not allowed is to use a non-immigrant visa/entry to circumvent immigration law. So coming to the USA on a non-immigrant visa with the intention to immigrate (aka ... stay and get greencard) is where the problem resides.

[Nikita2Charles 32]

It's all about to Immigration Intent

You can come here get married then GO BACK home and your husband fill out the paperwork to bring you here legally.

Let's say you came on a vacation, and after being with each other, you guys decide to get married then the intention was not to come here for marriage but vacation or see your bf.

Does some people get away with it? Yes

But there are risk to it and it's illegal so why start out your life with those unnecesary stress.

Edited September 25, 2008 by Nikita2Charles

[LuckyDucky 0]

There seems to be a few layers of questions, but I'm not sure which questions are related to each other. Here's my interpretation of what you meant:

When I first started research on getting married to an American Citizen I thought about just coming to America, getting married and dealing with the fallout later. The possible repercussions made us decide against. The more I read online though the more it seems that this is an option that has worked for a lot of people.

As many people have already said, coming to the United States with intent to marry to become a US permanent resident/citizen using the incorrect visa (work, student, etc.) is considered visa fraud. If you are caught, then they will send you back and ban you from entering the United States for some period of time, though I'm not sure how long. (I've heard the number 10 years, but never directly verified that.) I suppose this is a risk you'll want to discuss with your future spouse. Do you want to risk not seeing each other for years if the government finds out? It could work out, it could not. You have to weigh the potential benefits versus the potential risk.

Somehow I can’t find many details about people getting banned from the country or even send back to their own countries while the process is underway.

I'm not sure what details you're referring to. Do you mean you can't find details about people saying they were caught and were deported back to their country? Keep in mind that places like visajourney are community-based. Chances are someone who got got caught attempting visa fraud probably won't be posting their story here. There won't be a lot of sympathy.

What "process" do you refer to? Are you referring to the illegal, coming here with a non-fiancee/non-spouse visa with intent to marry? If you get caught doing this, then you'll be sent back and that's the end of the "process".

Edit: Nikita2Charles did bring up a good point. You can come here, get married, return to your country and have your spouse apply for a visa. However, you'll have to return home.

Although the actual process seem to take a long time, most people get a work visa while the process is underway so really they are together in America and the new person can work in America ... what is the problem?

Again, I'm not sure about which "process" you're referring to.

Edited September 25, 2008 by LuckyDucky

[pushbrk 13,067]

There seems to be a few layers of questions, but I'm not sure which questions are related to each other. Here's my interpretation of what you meant:

When I first started research on getting married to an American Citizen I thought about just coming to America, getting married and dealing with the fallout later. The possible repercussions made us decide against. The more I read online though the more it seems that this is an option that has worked for a lot of people.

As many people have already said, coming to the United States with intent to marry to become a US permanent resident/citizen using the incorrect visa (work, student, etc.) is considered visa fraud. If you are caught, then they will send you back and ban you from entering the United States for some period of time, though I'm not sure how long. (I've heard the number 10 years, but never directly verified that.) I suppose this is a risk you'll want to discuss with your future spouse. Do you want to risk not seeing each other for years if the government finds out? It could work out, it could not. You have to weigh the potential benefits versus the potential risk.

Somehow I can’t find many details about people getting banned from the country or even send back to their own countries while the process is underway.

I'm not sure what details you're referring to. Do you mean you can't find details about people saying they were caught and were deported back to their country? Keep in mind that places like visajourney are community-based. Chances are someone who got got caught attempting visa fraud probably won't be posting their story here. There won't be a lot of sympathy.

What "process" do you refer to? Are you referring to the illegal, coming here with a non-fiancee/non-spouse visa with intent to marry? If you get caught doing this, then you'll be sent back and that's the end of the "process".

Edit: Nikita2Charles did bring up a good point. You can come here, get married, return to your country and have your spouse apply for a visa. However, you'll have to return home.

Although the actual process seem to take a long time, most people get a work visa while the process is underway so really they are together in America and the new person can work in America ... what is the problem?

Again, I'm not sure about which "process" you're referring to.

In short, marrying on a tourist visa is perfectly legal but you cannot stay in the USA and become a permanent resident if your intent upon your last entry was to circumvent immigration laws.

People meet Americans, marry and stay to adjust status all the time but the are successful because they had no immigrant intent when they entered the US. It happens with people on student visas too.

Again, the problem isn't marriage. It's circumventing immigration laws based on the marriage. When the decision to marry and immigrate is made before the US entry, it's illegal.

[spookyturtle 9,466]

People meet Americans, marry and stay to adjust status all the time but the are successful because they had no immigrant intent when they entered the US. It happens with people on student visas too.

Again, the problem isn't marriage. It's circumventing immigration laws based on the marriage. When the decision to marry and immigrate is made before the US entry, it's illegal.

Or they lie. Or wait several months after entering to get married so it doesn't look suspicious even though that was the intent all along. With a little patience and a good story, many are successful at adjusting status even though they had immigrant intent all along. Someone is coming to the US to visit their gf/bf and spontaneously gets married and is able to adust status. Someone esle does the same thing only they plan on getting married while they are here. Case #1 is fine, case #2 is attempting to circumvent immigration laws and should not be able to adjust status. I wonder if there are any statistics to show how many AOS cases are denied due to immigrant intent. IMHO, this is a tough one to enforce. What are your thoughts?

[payxibka 10,047]

I wonder if there are any statistics to show how many AOS cases are denied due to immigrant intent. IMHO, this is a tough one to enforce. What are your thoughts?

Actually not tough to enforce at all since the burden of proof is on the applicant to disprove and not on the government to prove. The bigger question is how often is it actually called into question and pursued by the government

Edited September 25, 2008 by payxibka

[spookyturtle 9,466]

I wonder if there are any statistics to show how many AOS cases are denied due to immigrant intent. IMHO, this is a tough one to enforce. What are your thoughts?

Actually not tough to enforce at all since the burden of proof is on the applicant to disprove and not on the government to prove. The bigger question is how often is it actually called into question and pursued by the government

So in my first example in above post, someone is coming to the US to visit their gf/bf and spontaneously gets married and is able to adust status. They won't be asked to prove non immigrant intent or since they are telling the truth there will no problem? Case #2, someone esle does the same thing only they planned to get married while they are here; they had immigrant intent when they entered. Technically they cannot adjust status in country. How is USCIS going to determine the differece in these two cases if case #2 tells the same story as case #1, even though it was a lie? Perhaps it is only called into question in cases that appear to be fraudulent or out of the norm, say entering on a B-2 and getting married a week later? Then again, it could have been spontaneous and they should be allowed to adjust. It seems to be a very fine lline to me. And if USCIS did ask one to prove that they had non immigrant intent, what would be acceptable proof? I ask these questions out of curiousity, not to be argumentative. It still seems to me that it is an easy way to bypass immigration law.

[Benika 1]

I should have said in my first posting that I am mostly just playing Devil's Advocate. We have sent our I-129f package so we have entered the long process aimed at getting a K1-Fiance Visa. I do not believe that doing something illegal is the right way to start a marriage.

I do however know someone who will be entering America at the end November with the intend to get married and stay. (Marriage planned for December 11th). She will be entering on a B1/B2 visitors visa and her reasons for it are 2-fold. 1: I am Canadian it’s easier for me. (I am South African - living and working in South Korea) and 2: Everyone does it and no-one gets into trouble.

It saddens me that we - the people doing this the right and legal way - end up being separated from our loved ones for long periods of time, but it seems that many people doing it the wrong way end up having no or little problems. Then again: It also saddens me that people marrying and moving to Amerika for the wrong reasons has made this process so long and difficult for the people who had the misfortune (from a technical point of view) of falling madly in love with an Americans. (It took a friend of mine here in Korea 3 days from being married to having a permanent residency card).

Am I an evil person for hoping she runs into trouble? (Ok ... maybe not evil ... maybe just a little bit nasty)

oh - and the process I was refering to is the adjustment of status.

[IAMX 3,055]

I actually had these questions seriously beforehand, but the risk was way too high. I see nothing wrong with doing this, and was quite embarrassed actually given that the lawyer I had questioned had to dust off his book on the I-129F's, i.e. that most people around here just go the B2=>marry=>AOS route.

Made me feel rather sheepish, and wonder why the government allows such a loophole.

[Izzy999 0]

Hi!!!

my fiance and I are thinking about getting married here in the States, he is American, I am German....i am currently here on a B1 visa for school, he is pcsing to Germany (he is military) beginning of September while I will stay until beginning of December. we are planning on getting married July 3rd 2010...

now he might be deployed before I even get back to Germany and all our plans might not happen. for information's sake we were thinking about getting married before he has to deploy - I would still be here for about another 4-6 weeks on my visa and then return to Germany and we are gonna file for DCF before we have to go back to the US in 2011.

Is this legal?! i would think so because i am leaving the country again, right!? or could it lead to any kinds of problems later on during the DCF/visa process?!

thank you for the information!!!