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Can a B2 holder marry a US citizen without having to go back to native country to apply for the fiance K1 visa?

Fort Worth, TX |

I was previously in a F1 status, studied here in US for 2 years, my student visa was until June, so i went back and returned with a B2 visa expecting to apply again for another set of time of F1 visa for me to start my college here in US. My boyfriend propose marriage and now i don't know if i should still apply for my F1 visa or just get married. And if a B2 is able to get married with a US citizen?

Attorney Answers 3


yes you can get married with a B-2 visa - be careful with non-immigrant intent, though. Also, if you marry, then you don't need to do the K visa, you will file adjustment of status package. K visa is when you are abroad.

This is not legal advice and a client attorney relationship is not created. For a free consultation call (718)234-5588.

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You can adjust status in the U.S. It is probably not a great idea to marry within 60 days of your date of arrival in the U.S.

Please click the link at the very bottom for additional information.

Carl Shusterman, Esq.
Former INS Trial Attorney (1976-82)
Board Certified Immigration Attorney (1986 - Present)
Schedule a Legal Consultation - Telephonic, Skype or In-Person
600 Wilshire Blvd., Suite 1550
Los Angeles, CA 90017
(213) 394-4554 x0
Web: (English) (Spanish)

(213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.

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You can get married and you can file for adjustment of status in the U.S. without any need to change to F1 or leave the U.S. or anything else.

The above is intended only as general information, and does not constitute legal advice. You must speak with an attorney to discuss your individual case.

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