B1 Visa Holder Marrying a US Citizen - In need of Urgent Advice

[lxiir]

Hi Everyone,

I need help. I do not know what to do next.

I am an Australian Citizen, my Fiance is a US Citizen. Our wedding date is on January 6th. We are both currently in Australia.

We met while I was in the US working in 2016, decided to get married, and move to Australia. Now, for work purposes, my company is sending me back to the US.

I was not aware of the potential issues with visa fraud if we were to get married while i was on a B1 visa. I stumbled upon it when I decided to do some research, by which time, it was too late to apply for a Fiance visa, as we would not have received it before we left Australia for our wedding.

We are flying to the US on Dec 16th, and getting Married on Jan 6th. The way I see it, there are two options:

1. Continue with the wedding, but do not file paper work. I travel back to Australia, and we apply for the Fiance Visa. Once the Fiance Visa is accepted, I travel to the US, and we file the Paperwork.
2. Continue with the wedding, file the paper work. After we are married, Send an I130 and I485 to the NVC. (I have read, but am unsure if this is legal, or would be considered fraudulent due to only being in the US for a short period before our wedding)

I need advice on what I should do. I do not want to be separated from my fiance, just after we get "married". I also do not want to have any risk of being considered fraudulent, and banned from entering the US. My fiance's and my intention is to live in the US for a period, and move to Australia in the future. I need to have the option for us to be able to live in either country.

Regards,

Daniel.

[inadmissible]

Your Option 1 is flawed because you can't apply for a fiancee visa after already getting married

Your Option 2 is plausible, if and only if you can gain admission to the United States while being truthful in answering the border agents questions about the temporary nature of your stay. Traveling on a B visa, they are obligated to send you back home if you can't overcome the presumption of immigrant intent.

[lxiir]

Your Option 1 is flawed because you can't apply for a fiancee visa after already getting married

Your Option 2 is plausible, if and only if you can gain admission to the United States while being truthful in answering the border agents questions about the temporary nature of your stay. Traveling on a B visa, they are obligated to send you back home if you can't overcome the presumption of immigrant intent.

If we hold off on having the paper work for our wedding signed and submitted, we won’t be “legally” married, but still would have had our ceremony.

I guess the other option is to officially get married, leave the US and apply for a spouse visa. Which would take longer.

When they ask me the reason for my travel, If I say Christmas holiday, and withhold the fact that I am getting married, is that considered fraudulent?

[inadmissible]

If we hold off on having the paper work for our wedding signed and submitted, we won’t be “legally” married, but still would have had our ceremony.

That would work. It typically takes 6 months to get a fiancee visa

I guess the other option is to officially get married, leave the US and apply for a spouse visa. Which would take longer.

That would work. It typically takes a year for a spouse to get an immigrant visa abroad

When they ask me the reason for my travel, If I say Christmas holiday, and withhold the fact that I am getting married, is that considered fraudulent?

Nothing wrong with getting married. However, stating that you are on a temporary trip when your intent is to adjust your status is fraud. Sure, you would have to get married in order to apply for adjustment of status, but that is merely incidental. The issue is hiding your immigrant intent when explaining your travel plans. Just imagine the typical questions border patrolmen will ask you at the airport, and consider how you would have to answer them if your plan is to get married and gain permanent residency:

"what is the purpose of your trip"
"how long is your stay"
"what do you do for work back in australia?"

From what I have observed, there rarely is any enforcement action taken with respect to this specific kind of fraud (false testimony during admission uncovered in a subsequent adjustment of status application). But, the rules are the rules, and your life will be very very difficult if you're the unlucky one who does get sanctioned for it

[krypton9591]

If we hold off on having the paper work for our wedding signed and submitted, we won’t be “legally” married, but still would have had our ceremony.

I guess the other option is to officially get married, leave the US and apply for a spouse visa. Which would take longer.

When they ask me the reason for my travel, If I say Christmas holiday, and withhold the fact that I am getting married, is that considered fraudulent?

are you planning on going to a justice of the peace at a courthouse? or having a full on wedding ceremony with friends and family and a venue? if so there are two ways the holding off of having the paperwork signed can go.

way 1: at a courthouse the moment they complete the ceremony they take the license and sign it and then have it mailed back to you after it's been registered with the state. so there's no way to have them hold off on having it signed.

way 2: if you're having a ordained friend or a minister/religious official, officiate and are having an actual ceremony then having the paperwork held off on being singed is possible but keep in mind it would still take some time for a K1 visa to be approved.

[lxiir]

To Update, I am still looking for better options.

We got "Married" however we did not file any paperwork with the state or officials.

I am now in Australia, my "Fiance" is still currently in the US. She is submitting the paperwork for a K1 visa petition tomorrow (delayed due to MLK day).

I have flights booked back to the US in March, however this can change if required.

I need to reduce the amount of time we spend apart, Long Distance relationships are very hard, and i am not looking forward to spending 6 months away from the love of my life.

So I guess i am asking, do i have any options. What is the best way to go about this? Should I keep my flights in March with the intention to stay (for work purposes) in the US until my Visa is approved? Can I do the visa interviews and such in the US? Or does this have to be in Australia?

Thanks!

[Amember]

B1 Visa Holder Marrying a US Citizen - In need of Urgent Advice

If you did get "Married", then he is not longer your "fiance" but your husband, and therefore you no longer qualify for a F1- fiance visa.

You can either 1) File your I-130 and wait for you interview with the consulate in your home country, or

2) Move to the US and do adjustment of status which would include filing you I-130, I-485 , I-131 and I-765

[inadmissible]

I think what he means is that he had a wedding ceremony, without the actual legal marriage. If that is the case, the fiancee visa process is appropriate, but he can not use his B-1 visa to enter the United States with the intention of immigration.

[lxiir]

I think what he means is that he had a wedding ceremony, without the actual legal marriage. If that is the case, the fiancee visa process is appropriate, but he can not use his B-1 visa to enter the United States with the intention of immigration.

That is correct.

I can enter the country using my B1 visa, while the K1 visa is being processed, but I cannot stay in the country and try to adjust status. I would need to come back to Australia to finalise the K1 visa process.

I believe this is acceptable. Does anyone have any insight?

I would be coming back to the US with my company, so there is no fraud there. As I have every intention to come back to Aus to finalise the visa process.