USA Green card holder marrying b1/b2 [visitor] visa holder

[anjali19]

Hi there,

I have a B1/B2 [ visitor] visa. I am getting married to green card holder in next few months.I am going to enter in USA on my b1/b2 visa and thenwe are planing to register our marriage in US so that we can apply for my I-130. I dont want to do anything illegal so I m planning to come back before my I-94 [permission upto 6 months to stay in USA] expires.

My questions are

Till my I-130 gets approved can I keep going to USA and coming back to India on my b1/b2 [visitor] visa?? my lawyer says 'YES'' but i really doubt it.
how much time normally will it take to get my I-130??
Is there any better way to get a permission to stay with my husband till I get my I-130?

[thnos]

listen to your lawyer

Your lawyer is correct, you can go back and forth to visit one another on your Tourist Visa.

Since you already have a lawyer you can trust,please listen to your lawyers advise. The members of this forum are NOT lawyers and just state their personal opinions on questions asked. USE AT YOUR OWN RISK situation here!

My husband, US Citizen, and I married in my country and he applied for me for spouse visa (K3) with consular processing. We used a lawyer, since my husband is a very busy man and the lawyer worked with us for filing and everything went smoothly with no problems, because we did everything legally, the right way to immigrate to the USA.

After our marriage, i was able to travel to the USA on my tourist visa 3 times to visit him until i was granted the K3, with no problems. At port of entry i was never asked the question if am married to someone or if i have relatives in the USA. I was issued a Tourist Visa (B1/B2) prior to my marriage to my husband and i used it once to travel to the USA for a 10 day vacation. At port of entry they check for illegal activities like overstaying visas, illegal entries and so forth...If you have not commited a crime during any of your stays in the USA and you did not overstay a visa then nothing will come up at their computers with your name on it, BECAUSE YOU DID NOT break the law.

NOW, if you read the USCIS website then you would know that B1/B2 visas are for business and tourist purposes!!!!! they are not for immigration to the USA.

That means that you are NOT ALLOWED to marry with intentions of adjusting your status (gain legal permanent resident status) in the USA if entering under B1/B2. YOU NEED A FIANCEE VISA K1 to do that, which by the way only US Citizens can file for their foreign immediate relatives. A priviledge only for the citizens of the USA and NOT for green card holders!!! Other wise you are seriously setting your self up for problems. Immigration has strict guidelines for what applies to every case.

B1/B2 visas are NON-IMMIGRANT category visas which means your INTENT is to come for a specific time frame to the USA and then LEAVE without engaging in ANY fraudulent activities.

Entering under Tourist Visa and then marrying with intentions of having a US registry of your marriage simply STATES that at your interview at the US Embassy or US consulate at your home country when you applied for your B1/B2, YOU LIED about your intentions at the time or future ones. Your Tourist Visa is a 10 year, multiple entry one, therefore in the 10 year multiple entry NOT ONCE SHOULD YOU TAKE ADVANTAGE OF THE CONDITION UNDER WHICH YOU WERE GRANTED YOUR VISA TO TRAVEL TO THE USA.

You may think you can out smart the system but the system IDENTIFIES FRAUD on a daily basis. Yours is NOT the only identical case they have worked on so far. In other words, you are trying the most COMMON way to immigrate to the USA which oh-so-happens to be fraudulent by definition.

ALSO, unless your spouse is a US citizen you will not be able to adjust your status and get green card. Your spouse NEEDS to be a US Citizen!!!! Consult with your lawyer

GOOD LUCk

[thnos]

listen to your lawyer

Your lawyer is correct, you can go back and forth to visit one another on your Tourist Visa.

Since you already have a lawyer you can trust,please listen to your lawyers advise. The members of this forum are NOT lawyers and just state their personal opinions on questions asked. USE AT YOUR OWN RISK situation here!

My husband, US Citizen, and I married in my country and he applied for me for spouse visa (K3) with consular processing. We used a lawyer, since my husband is a very busy man and the lawyer worked with us for filing and everything went smoothly with no problems, because we did everything legally, the right way to immigrate to the USA.

After our marriage, i was able to travel to the USA on my tourist visa 3 times to visit him until i was granted the K3, with no problems. At port of entry i was never asked the question if am married to someone or if i have relatives in the USA. I was issued a Tourist Visa (B1/B2) prior to my marriage to my husband and i used it once to travel to the USA for a 10 day vacation. At port of entry they check for illegal activities like overstaying visas, illegal entries and so forth...If you have not commited a crime during any of your stays in the USA and you did not overstay a visa then nothing will come up at their computers with your name on it, BECAUSE YOU DID NOT break the law.

NOW, if you read the USCIS website then you would know that B1/B2 visas are for business and tourist purposes!!!!! they are not for immigration to the USA.

That means that you are NOT ALLOWED to marry with intentions of adjusting your status (gain legal permanent resident status) in the USA if entering under B1/B2. YOU NEED A FIANCEE VISA K1 to do that, which by the way only US Citizens can file for their foreign immediate relatives. A priviledge only for the citizens of the USA and NOT for green card holders!!! Other wise you are seriously setting your self up for problems. Immigration has strict guidelines for what applies to every case.

B1/B2 visas are NON-IMMIGRANT category visas which means your INTENT is to come for a specific time frame to the USA and then LEAVE without engaging in ANY fraudulent activities.

Entering under Tourist Visa and then marrying with intentions of having a US registry of your marriage simply STATES that at your interview at the US Embassy or US consulate at your home country when you applied for your B1/B2, YOU LIED about your intentions at the time or future ones. Your Tourist Visa is a 10 year, multiple entry one, therefore in the 10 year multiple entry NOT ONCE SHOULD YOU TAKE ADVANTAGE OF THE CONDITION UNDER WHICH YOU WERE GRANTED YOUR VISA TO TRAVEL TO THE USA.

You may think you can out smart the system but the system IDENTIFIES FRAUD on a daily basis. Yours is NOT the only identical case they have worked on so far. In other words, you are trying the most COMMON way to immigrate to the USA which oh-so-happens to be fraudulent by definition.

ALSO, unless your spouse is a US citizen you will not be able to adjust your status and get green card. Your spouse NEEDS to be a US Citizen!!!! Consult with your lawyer

GOOD LUCk

[pinkyjaved]

plzzzzzzz help me

my fiance' went to thailand with his family, he and the family is living as refugee there, and they'll sent to usa in few months and will be given citizenship in maximum a 2 yrs. my query is when its is possible that he'll come back to pakistan . the reason they gave to USCIS is
"they are not safe in pakistan"
now according to to the terms and conditions. none of them can visit pakistan atleast for 5 years.
and my problem is that my parents will never allow me to visit him abroad until i get married. and its not possible for being a asian and typical family's girl to wait for 5 years more. my parents gave me time to study for 2 years more. and i have 2 yrs to make him come back, plzzzzz suggest any way that my fiance' can pakistan , nothing is impossible, there must be some way or some clause by which we cam apply and he can come here.