Ingo Pakleppa - See Web Site For Email

Tricky situations. As others have pointed out, usually it would be OK to
apply for a B-2 with the purpose of marrying a non-immigrant.

The tricky part is the prior B-2 denial. My guess is that the prior denial
won't be a problem because she an provide substantial new evidence.

As for when: I think she shouldn't even apply for a visa until both of
your divorces are final. Otherwise, it's going to be a tough sell that "I
will get married". The standard might be a bit lower than for fiance or
spousal visas, which actually *require* that both partners be legally free
to marry each other. But the general idea will be similar.

On Wed, 10 Dec 2003 05:32:04 +0000, JulianB wrote:


    > I have valid H-1B status and have been working for my company for about
    > 15 months now. I have not been back to the UK to get my visa stamp as
    > yet. My fiancee is here with me at the moment on a VW, having been
    > denied a B2 for failing to show home ties.
    >
    > When she came, she got a tough time from the official, but he did allow
    > her entry until the end of January. However he did tell her it would be
    > the last time she could use VW (fiancee is a UK citizen too btw). To
    > further complicate matters, we are both going through the divorce
    > process, and anticipate being free to marry in April. We want to do
    > everything strictly legally, so we're resigned to the fact she has to
    > leave the US at the end of January. We are both going to find that
    > heartbreaking, at least three months apart. So, to my question: would
    > she be able to apply for a B2 when she returns to the UK, citing the
    > reason as coming here to marry me? Since we could not marry until
    > April, how soon before that would she be able to come to the US?
    >
    > Clutching at straws maybe.....but would appreciate your advice.
    >
    > Thanks for listening.

--
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Jozef

"Sylvia Ottemoeller" <[email protected]> wrote in message
news:[email protected]...
    > "JulianB" <member10859@british_expats.com> wrote in message
    > news:[email protected]...
    > > Now I'm really confused. I really did believe it was possible to apply
    > > for a B2 with the specific intent described, and adjust status to H4
    > > thereafter.
    > The Foreign Affairs Manual specifically allows B-2 to be used for a person
    > to enter the U.S. to marry a person in nonimmigrant status. See Foreign
    > Affairs Manual, Volume 9, section 41.31 notes, N11.1-2. The FAM is
    > available through http://foia.state.gov/REGS/Search.asp.
    > The B-2 applicant still has to show nonimmigrant intent. In other words,
    > she, as the H-4 holder, and the H-1B holder, will eventually leave the
U.S.
    > at the end of the temporary stay, and return to their home country. See
the
    > words "who establish a residence abroad to which they intend to return."
So
    > this is not a slam dunk. But it is specifically permitted.

Thanks for digging up that reference Sylvia! You're right, it's not a 'slam
dunk' but it comes real close.