My fiance is American/German (holds both passports), I am Venezuelan and we're engaged to be married next July in the US, where his family lives. He's currently living in Germany and we're planning to reside there once we're married.
Since that is the case, is it okay if I get in the US for the wedding with my B1/B2 visa, or should we apply for a fiance visa? If so, where should he fill for it considering he is in Germany now?
I've never been denied a US visa, never overstayed (just last year I went there 3 times) and I currently hold a B1/B2 one for 10 years, valid until 2022. We think is okay for me to use this visa since we're not staying in the US after the wedding.
There are no guarantees. Certainly you would be breaking no law by coming to the United States for your marriage. And probably, everything will go smoothly. But attorneys see the cases that do not go so smoothly. I know personally a woman from Europe who was not allowed entry because of love letters the authorities found in her luggage. The authorities interpreted those letters as establishing non-immigrant intent. So, be prepared with documents to prove your intention to depart the United States.
Since you don't have plans of residing in the U.S, use your valid B1/B2, not a K-1 fiancee visa. If pressed, be prepared to explain to the officer at the port of entry that you are here for a brief stay only. You may want to bring proof that your fiance/futue husband works in Germany and he plans to go back to resume his work after this brief trip.
. There is no law that says that a foreign national who is in the U.S. on a tourist visa (B-2) cannot marry a U.S. citizen and then file for adjustment of status to lawful permanent residency while remaining in the U.S. However, the B-2 visa is a nonimmigrant visa which means that when a foreign national is approved for this visa, the consular official believed that you did not intend to permanently immigrate to the U.S. and planned to return to your home country. Entering the U.S. under a tourist visa and then attempting to stay in the country will arouse suspicion that the only reason he/she came to the U.S. was to get married, and even if the marriage is bona fide and not just for purposes of immigration, the immigrant intent of the foreign national will prevent the adjustment of status petition from being approved.
The applicable law in this area, though, states that in the absence of other adverse factors, an application for adjustment of status as an immediate relative should generally be granted in the exercise of discretion notwithstanding the fact that the applicant entered the U.S. as a nonimmigrant with a preconceived intention to remain. Matter of Cavazos, Int. Dec. 2750 (BIA 1980) clarified and reaffirmed. Matter of Ibrahim, Int. Dec. 2866 (BIA 1981). Therefore, if no other adverse factors are present, meaning no other factors that would make a foreign national inadmissible or blatant misrepresentations on the nonimmigrant visa application other than intent, then the adjustment of status should be approved.
Note: Some practitioners use a 30/60 day rule for situations such as this. This means that if someone were to enter the country on a tourist visa and then get married and apply for adjustment of status based on the marriage after only 30 days in the U.S., the suspicion of DHS that there was immigrant intent is stronger than if the foreign national was in the U.S. for 60 days before the marriage. However, under Ibrahim and Cavazos, the same analysis should apply after 30 days the same as after 60 days and merely possessing immigrant intent should not bar the adjustment of status
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