B2 Visa Advice

Old Oct 24th 2004, 2:10 pm
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Default B2 Visa Advice

hi,

I'm planning to get married at the beginning of December with my love (US citizen) I'm under B2 visa I came on July and my visa expires on January 2005. I didn't Know about the fiancee visa and I am confused so I need help.
Is that a problem if I get married just before my visa expires and apply for adjustment of status or I should go back to my country ask for the fiancee visa and come back and get married?.
and if I get married as a B2 visa right now...should I have to go back to my country and wait for the whole process or I can stay here? what would be my status if I stay over january while the documents are in process?

I don't want to break the law I just want to do in the right way, so please if you have can advice or give some infomation where I would look for it..I would apreciate it so much

thanks
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Old Oct 24th 2004, 2:19 pm
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Read the FAQ at the root of this forum for more info and see what works best for you.

You could marry as is, but would recommend you then leave and go through the K3 visa, or go and then come back on a K1 fiance visa as opposed to marrying and then adjusting status straight away.

I'm sure other people will chirp in with more advice about the pros' and con's as well.
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Old Oct 24th 2004, 3:09 pm
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Default Re: B2 Visa Advice

Originally Posted by spring
hi,

I'm planning to get married at the beginning of December with my love (US citizen) I'm under B2 visa I came on July and my visa expires on January 2005. I didn't Know about the fiancee visa and I am confused so I need help.
Is that a problem if I get married just before my visa expires and apply for adjustment of status or I should go back to my country ask for the fiancee visa and come back and get married?.
and if I get married as a B2 visa right now...should I have to go back to my country and wait for the whole process or I can stay here? what would be my status if I stay over january while the documents are in process?

I don't want to break the law I just want to do in the right way, so please if you have can advice or give some infomation where I would look for it..I would apreciate it so much

thanks
Hi:

If you are in the United States, the expiry date of your visa is meaningless. When does your authorized stay expire? That is a matter of concern but you have not asked about that.
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Old Oct 25th 2004, 1:23 am
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Default Re: B2 Visa Advice

hi and thanks for your help, I'm in the United States, and I'm sorry, my visa expires on Nov 2006 and my I-94 expires on January 2005.
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Old Oct 25th 2004, 1:52 am
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Default Re: B2 Visa Advice

Originally Posted by spring
hi and thanks for your help, I'm in the United States, and I'm sorry, my visa expires on Nov 2006 and my I-94 expires on January 2005.
It's the I-94 you have to worry about once your here, the visa expiry doesn't mean to much by then really.
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Old Oct 25th 2004, 2:18 am
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Default Re: B2 Visa Advice

Originally Posted by spring
hi and thanks for your help, I'm in the United States, and I'm sorry, my visa expires on Nov 2006 and my I-94 expires on January 2005.
Well, you have several options available to you.
1) Marry while you are here and file the I-485 and I-130 to begin the Green Card process.
2) Marry while here, and you then return home at some point. Your US citizen spouse begins the paperwork for a K3 Spousal visa.
3) Do not get married in Dec. Return to your home country and have your fiance file the I-129f for the K1 Fiance visa.

It is perfectly acceptable to pursue any of those options, assuming your entered the US with no intent to get married and remain here. If you knew all along that you were going to get married to your love, then you may want to consider options 2 or 3 to be on the safe side.
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Old Oct 25th 2004, 2:28 am
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Default Re: B2 Visa Advice

Originally Posted by spring
hi and thanks for your help, I'm in the United States, and I'm sorry, my visa expires on Nov 2006 and my I-94 expires on January 2005.
Hi:

Your question raises some subtle issues. You probably can adjust with no problems. However, you case MAY bring up problems of "misrepresentation" and "preconcieved intent." Misrep and PCI sound similar but are quite different.

Unfortunately, this topic invokes what I call "ten-foot pole" issues which I care NOT to discuss in a general forum. However, at least a consulation with a competent immigration lawyer is in order.
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Old Oct 27th 2004, 1:58 am
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Default Re: B2 Visa Advice

thanks for your advice, so it's better to consult a lawyer and ask him about it, or maybe is better to go to my country and apply for a fiancee visa?

I hadn't had the intention to get married when I came, we just decided to do it before I go back to my country but then we realized we can fill out the AOS forms right now, but we don't know the implications and of course we don't want to be taken as a PCI.
I don't understand very well how this system works here and what should i do to prove that this is not a PCI?
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Old Oct 27th 2004, 2:16 am
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Default Re: B2 Visa Advice

You can not use a B2 to come here with the INTENT to Marry and adjust status here.

BUT you can come in without that intent, subsequently decide to get married and then AoS, loads have done it but it is a bit of an issue here, but that a long story. If you have a spare day read all the posts about it.

I have not read any postings where someone has had a major issue proving intent, if someone has perhaps they could post. How can you prove a negative?

I would suggest you read all the info on the FAQ's both here and at www.visajourney.com. Some people use lawyers many do not, depends on how comfortable you feel with the process.
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Old Oct 27th 2004, 2:21 am
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Default Re: B2 Visa Advice

Originally Posted by Boiler
You can not use a B2 to come here with the INTENT to Marry and adjust status here.

BUT you can come in without that intent, subsequently decide to get married and then AoS, loads have done it but it is a bit of an issue here, but that a long story. If you have a spare day read all the posts about it.

I have not read any postings where someone has had a major issue proving intent, if someone has perhaps they could post. How can you prove a negative?

I would suggest you read all the info on the FAQ's both here and at www.visajourney.com. Some people use lawyers many do not, depends on how comfortable you feel with the process.

Well, there are ways to prove that you didnt have intent. I had quite a bit of "evidence" with me at my AOS interview. Of course, I'm not positive that any of it would have actually meant anything to the adjudicating officer, as I never had a reason to present any of it. I just wanted to point out that if you think hard, one can probably come up with quite a few pieces of evidence that intent was not there.
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Old Oct 27th 2004, 2:28 am
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Default Re: B2 Visa Advice

Spring, well you can see that Andrea had no problems, and with a very impressively quick time line as well.
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Old Oct 27th 2004, 2:40 am
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Default Re: B2 Visa Advice

Perhaps your question or search should be for someone who has failed to adjust status in a genuine marriage when they were here with a tourist visa
pre-concieved or not.
You may have a fruitless search.
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Old Oct 27th 2004, 3:26 am
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Default Re: B2 Visa Advice

Originally Posted by spring
thanks for your advice, so it's better to consult a lawyer and ask him about it, or maybe is better to go to my country and apply for a fiancee visa?

I hadn't had the intention to get married when I came, we just decided to do it before I go back to my country but then we realized we can fill out the AOS forms right now, but we don't know the implications and of course we don't want to be taken as a PCI.
I don't understand very well how this system works here and what should i do to prove that this is not a PCI?
Hi:

My ONLY recommendation was to talk to an experienced immigration lawyer. You'll probably like what you hear.
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