Can you get married on a B2 visa and get green card?
And, if you change your mind and decide to settle in the U.S. after the marriage, you will have the legal right to apply for adjustment of status. Using a B-2 visitor visa to enter the U.S. with the intention of getting married and applying for a green card is a form of visa fraud.
Can my fiance enter the US on a B-1 visa?
While it is technically possible for a fiancé to enter the United States on a B-1 or B-2 visitor visa, it’s highly discouraged and may even be fraudulent. The K-1 visa is designed specifically for the purpose of coming to the United States for marriage to a U.S. citizen fiancé.
What is a B-1 B-2 visa?
A B-1/B-2 visa, like most nonimmigrant visas, requires that the foreign national has a nonimmigrant intent. That means the foreign national must not plan to stay in the United States and generally must prove that he or she will return home after the stated purpose of the trip.
Can I get married in the US on a tourist visa?
Legally, there is nothing wrong with getting married while you are in the U.S. as a visitor (on a B-2 visa), if you return home at the end of your permitted stay.
What does a B1 B2 visa allow me to do?
What is a B1/B2 visa? The B-1/B-2 visa is a temporary, non-immigrant visa that allows the holder to travel to the United States for either business or tourism purposes.
Can I leave the US after getting married?
Can I leave the United States at all after I get married? After you marry a U.S. citizen, you can apply for a green card. While USCIS is processing your application, you can apply for “advance parole,” which gives you permission to travel.
Can I marry on a tourist visa in USA?
Can I Marry A US Citizen on A Tourist Visa? The short answer is: yes, you can get married in the US while on a B-1/B-2 tourist visa or on a visa waiver program. There is nothing in the regulations that say individuals who are in the US as visitors cannot get married.
How can I convert my B1 B2 visa to green card?
Determine if you are eligible to apply for a Green Card. ... You or someone else must file an immigrant petition for you (if applicable) ... Check visa availability (if applicable) ... File Form I-485. ... Go to your Application Support Center appointment. ... Go to your interview (if applicable)More items...•
How long after marrying a U.S. citizen can I work?
Depending on your case, if you have applied as the spouse of a U.S. citizen, you may need to wait for 10-12 months. As a lawful permanent resident spouse, however, the waiting time could be upwards of 30 months.
Can I stay in U.S. while waiting for marriage green card?
In most cases, spouses who are eligible to adjust status prefer to do so. It allows the foreign spouse to stay in the United States while waiting for the marriage green card.
Do you automatically get a green card when you marry a U.S. citizen?
The beneficiary, or person who is applying to receive a green card, is generally automatically eligible to receive a green card once they are lawfully married to a U.S. citizen or green card holder.
How long do you have to stay married for green card?
two yearsWhen you obtain a green card through marriage, it will either be a permanent renewable green card that is valid for ten years or a conditional two-year green card. The conditional green card is issued to applicants that have been married for less than two years at the time the green card is issued.
What is the purpose of a B-1 visa?
The stated purpose of a B-1 visit is temporary business and the B-2 temporary leisure. By entering the United States with the preconceived intent to marry and then adjust status to permanent resident, a foreign national has violated the terms of the visa. This can potentially result in a denied application for a green card.
What is a K-1 visa?
The K-1 visa is designed specifically for the purpose of coming to the United States for marriage to a U.S. citizen fiancé. If this is the purpose of the trip, the K-1 is best way to put the foreign national in a position to adjust of status to permanent resident and avoid future problems.
How long does it take to get a work permit if you are married?
If you married an American citizen you could get a work permit or green card, but it would take several months to get them. If you wait in the US, and your application take a lot of time, it is possible that you become an illegal immigrant for several months. 2.1K views. Rana Bhupinder Singh Sohal.
What does it mean to be on a visitor visa?
Of course, entering on a visitors visa means that when you obtained that visa and upon entering the United States your 'intent' was non-immigrant - that is, your intent was and is to return home after your temporary stay; you've also agreed to abide by your visa's specific limitations and requirements. For example, B-1/B-2 status does not allow employment. That said, in the real world it is fully understood in the law that entrants after they have been here for awhile may have a change of mind about th
Can a B1 visa be used to marry a US citizen?
For a visitor on a B1/B2 visa to marry a US citizen or resident and remain in the US is where things can get tricky. After the marriage, the visitor may apply for an adjustment of status to that of a legal immigrant. This can be a problem if the marriage happens so close to the person’s arrival date that it appears to USCIS that obtaining the B1/B2 was a deliberate ploy to avoid the queue of the K (fiance/e) or spousal visa process, and the adjustment can be refused.
What is the key to everything involving marriage and visitor status?
As Mr. Doran indicates, the key to everything involving marriage and visitor status is intent. It is useful to refer to the Foreign Affairs Manual, the guide used by the State Department (and which is largely followed by USCIS).
Can a B1 visa holder marry someone else?
And the same can be done by a B1/B2 visa holder who travels to the US to marry someone else who has nonimmigrant status (H, F or the like), although that new spouse must either then go home and visit the partner in the US from time to time until s/he finishes the US assignment and goes back home permanently, or apply for a change of status... but see the problem below about status adjustment.
Can a citizen marry a B1?
Continue Reading. Yes, anyone who is free to marry (and has appropriate evidence of that) is welcome to marry in the US.
Can I work on a B1 visa?
You can apply for a job on a B1/B2 visa, however the employer must by approved by both the dept of Labour and the USCIS for visas if they were then you could get a change of status by filing USCIS form I -539. If not and they need to apply for approval you would have to return to your home country and apply for a work visa at a US consulate. Working for any company on a B1/B2 visa is illegal and you could very well face removal proceedings if caught. You’d also need a SSN which you can not apply for on a B1/B2 visa you’d need a valid work visa to apply for a SSN. So it is ok to apply for a job on a B1/B2 visa just not ok to actually work on a B1/B2 visa if however you file the right paperwork and the potential company has the necessary approvals then you could get a change of status and that would be legal. If not you must depart the United States and wait for the USCIS to approve the employers petition for a foreign worker when approval is granted you’d then be able to apply at a US consulate for the visa.
What do CBP officers ask you when you arrive on a tourist visa?
When you arrive on a tourist visa, the Customs and Border Protection (CBP) inspection officers at the port-of-entry will ask you the purpose of your travel to the US. You should always be honest and answer all the questions truthfully.
How long does it take to get a visa if you have misrepresented your intentions?
1. Within 30 days of entry, the person is presumed to have misrepresented his/her intentions at the visa interview. 2. Between 30 and 60 days of entry, there is no presumption of misrepresentation, but the burden is on the applicant to prove that there was no misrepresentation. 3.
What is the most important thing to prove to USCIS?
1. The Marriage Must Be In Good Faith. One of the most important things that you must prove to USCIS is that your marriage was entered in good faith. If USCIS determines that the marriage was entered into only for purpose of gaining immigration benefits, they will deny the application.
Is the B-1 visa tough?
The US [B-1] Visa has always been a tough ride, and being denied a few times it makes it even worse. But thanks to Visa pro and their meticulous processing I was granted a Visa. I would like to thank you and all the people involved in making this a success. I would like to recommend Visapro to all those who seek peace of mind and hassle free Visa processing.”
How to apply for a green card if you are married?
If you’ve married a green card holder and plan to apply for a green card via Adjustment of Status, your spouse must file the family sponsorship form, or Form I-130 (officially called the “Petition for Alien Relative”). Once the Form I-130 is approved, you must wait to receive a visa number.
How long does it take for a spouse to get a green card?
Once your marriage-based green card application is approved, your physical green card will arrive, typically 29 to 38 months after USCIS originally received your Form I-130.
Is it a momentous decision to apply for a green card?
Whatever path you take, applying for a green card is a momentous decision. At Boundless, we take your immigration needs just as seriously as you do, and we’re here to help you every step of the way. Learn more about what we can offer, or check your eligibility for a marriage green card today.
Can I get a visa number for marriage?
Once the Form I-130 is approved, you must wait to receive a visa number. Only once your visa number becomes available will you be able to apply for a marriage-based green card. (Visa numbers are immediately available to spouses of U.S. citizens but not to spouses of green card holders.)
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If You Want to Simply Get Married and Then Return Home
Legally, there is nothing wrong with getting married while you are in the U.S. as a visitor (on a B-2 visa), if you return home at the end of your permitted stay. But that doesn't mean this is a risk-free strategy.
If You Hope to Get Married and Then Apply for a U.S. Green Card
Using a B-2 visitor visa to enter the U.S. with the intention of getting married and applying for a green card is a form of visa fraud. The visitor visa is a nonimmigrant visa, whose proper use requires entering with the intention of returning home (or at least leaving the U.S.) by the date on the I-94 Arrival/Departure Record.
Can I get married on a tourist visa?
You should not enter on a tourist visa with the intent of getting married. If you enter here with the intent to marry on a B1/B2 visa, you will be committing immigration fraud. If you enter on a tourist visa and you are married within 30 days after arrival, Citizenship and Immigration Services will presume that you intended to stay in the United States when you got you tourist visa and they will automatically deny the application to adjust status (receive a "green card").#N#You should apply for a K-1 fiancee visa and then come to the US to be married within 90 days. After you are married, you can apply for legal permanent residence (also know as a green card). Or you can marry in your country and come on a K-3 visa or consular process as an immediate relative of a US citizen.#N#You should talk to an experienced immigration attorney to help you figure out the pros and cons of each process.#N#I strongly advise consulting with an immigration attorney before filing any papers with immigration, particularly if the person for whom you are filing has any past negative immigration or criminal history and is in the United States. There is always a risk of removal from the United States.#N#Good luck to you and your family.#N#Angela Bortel#N#Sole Member and Attorney#N#The Bortel Firm, LLC#N#701 4th Ave. S., Ste. 500#N#Minneapolis, MN 55415#N#www.bortelfirm.com#N#[email protected]#N#612.208.7228#N#Admitted to practice in California and Minnesota#N#Consultations available in person, by telephone and now by Skype!#N#Note: The above answer is provided for informational use only. One should not act or refrain to act solely based on the information provided. No attorney client relationship is created unless a retainer is signed by the attorney and the client.
Is it illegal to get a green card if you are married?
Technically yes it is illegal because the B1/b2 does not allow for dual intent. However, if the intent is formed after you entered and you can prove you did not have the intent to get married, you can adjust status and get a greencard. Actually in your case, you already expressed your intent. So you will be misleading the immigration if you say something else (note that misleading USCIS is a crime). The best is to go for a K1 or straight greencard. Talk to a good lawyer to help.
