B1/B2 visa holder marrying a US citizen

[lawfulguy]

Hi Folks

I am an Indian citizen with a B1/B2 visa holder which is valid till 2020. I have visited the USA a dozen times already (always as a visitor). My wife-to-be is a US citizen by naturalization.

We are planning to get married in India during this summer and want to be together as soon as possible.

In my understanding, K3/K4 visa is no longer considered advisable and it is recommended to directly apply for CR-1 immigrant visa.

It is also my understanding that a CR-1 visa can take 6-8 months on average to get through.

It is also my understanding that if I visit USA as a visitor while my CR-1 visa is pending (that is, while my I-130 is under processing), the officer at the PoE officer may need additional convincing that I will return to my country and not stay on.

So our plan is to get married in India. After the wedding, my wife goes back to the US without me. I come a little later as a visitor intending to return to my country within six months. After my arrival, my wife files I-130 for a CR-1 visa. But I won't apply for adjustment of status or try to become a permanent resident while I am there. I will return to my country after 5-6 months of stay in the USA and wait for the immigrant visa to be approved.

Then I again enter as an immigrant.

The upside is that there is no I-130 pending when I enter the US, so my bona-fide to only come as a visitor is clear. And I will honor the conditions of my non-immigrant visa and will return to my home country within six months.

The downside is I won't be able to work while in the USA but that is OK by me, as I am planning to write a book during the few months that I am there.

Does the plan sound fine without any consequence to my I-130 processing?

Any help/pointers will be appreciated. Thanks!

[peterchic]

Hey Mate

My fiance and I are in the same exact situation. We are in Australia and are deciding whether or not to get married here in Australia or get married in the States.

I have a question with your plan. Are you planning on telling customs agent you are married? I am curious if that will affect your entry possibility.

Also, why are you not considering enter US on your tourist visa and getting married after 60 days. You'd have to prove if questioned your intent when you entered the states of course, but it is not illegal to enter with visiting intentions and then change your mind to marry. Like I said, after 60 days your chances are better but you may still have to answer questions about intention. This way will allow you to stay in the states without having to go back to India.

[lawfulguy]

My fiance and I are in the same exact situation. We are in Australia and are deciding whether or not to get married here in Australia or get married in the States.

I have a question with your plan. Are you planning on telling customs agent you are married? I am curious if that will affect your entry possibility.

If they ask, I will tell that as part of my visit, I am also planning to visit my spouse. But in my dozens of visits, they have never asked. I don't plan to tell them on my own! And I will have a return ticket.

Also, why are you not considering enter US on your tourist visa and getting married after 60 days. You'd have to prove if questioned your intent when you entered the states of course, but it is not illegal to enter with visiting intentions and then change your mind to marry. Like I said, after 60 days your chances are better but you may still have to answer questions about intention. This way will allow you to stay in the states without having to go back to India.

I just think the route I have planned is more honest, and if means a visit to India towards the end of the year, I don't mind.

On the other hand, if filing for CR-1 within 30 days (NOT AOS, just the CR-1) is also going to be looked at as suspicious (I think the 30/60 day rule only applies to the AOS, not to the CR-1 application, but I could be wrong), then I might as well just get married in the US on the 65th day and file I-130 and AOS and everything.

[peterchic]

If they ask, I will tell that as part of my visit, I am also planning to visit my spouse. But in my dozens of visits, they have never asked. I don't plan to tell them on my own! And I will have a return ticket.



I just think the route I have planned is more honest, and if means a visit to India towards the end of the year, I don't mind.

On the other hand, if filing for CR-1 within 30 days (NOT AOS, just the CR-1) is also going to be looked at as suspicious (I think the 30/60 day rule only applies to the AOS, not to the CR-1 application, but I could be wrong), then I might as well just get married in the US on the 65th day and file I-130 and AOS and everything.

Haha good to know about them not asking that question! I see what you mean with the situation. I also think the 30/60 rule applies to AOS. I will let you know what we decide and if we find anything else out. We hope to speak with a lawyer tonight. Keep you posted!

[lawfulguy]

Haha good to know about them not asking that question! I see what you mean with the situation. I also think the 30/60 rule applies to AOS. I will let you know what we decide and if we find anything else out. We hope to speak with a lawyer tonight. Keep you posted!

Thanks Buddy. Look forward to your post.