I am a Jamaican citizen. In 2 weeks ill be married to my fiancee who is an American Citizen, we will start the paper work to become a Permanent Resident next year. Currently i have a C1/D visa and B1/B2 visa. I am a seafarer and will disembark my vessel in the United States. My question is, is it possible,( since i would have already be in the US with C1/D or B1OCS from my work offshore) then use B1/B2 to visit my then wife in the US? Or would i have to return to Jamaica then fly to the United States using my B1/B2 visa?
Before she files for LPR, after i disembark the vessel, using C1/D or B1OCS since i would have already been in the United States, can i then use my B1B2 visa to visit my wife or would i need to return to Jamaica and fly to the US.
Very doubtful that you will be allowed to visit the US since you would be remain permanently.
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Carl Shusterman, Esq.
Former INS Trial Attorney (1976-82)
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(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.
Criminal Defense Attorney
Your plan has some obvious problems as follows:
1. "I am a Jamaican citizen. In 2 weeks ill be married to my fiancee who is an American Citizen, we will start the paper work to become a Permanent Resident next year."
That indicated a present immigration intent to adjust your status to a U.S. Permanent Resident that clashes with your present transit and non immigrant visas.
2. "Currently i have a C1/D visa and B1/B2 visa. I am a seafarer and will disembark my vessel in the United States. "
As explained before, you disembark the vessel on non immigrant visa (or your transit C-1 crew member visa) with an intent to marry a USC.
3." My question is, is it possible,( since i would have already be in the US with C1/D or B1OCS from my work offshore) then use B1/B2 to visit my then wife in the US? "
Once you marry your U.S. fiancée and file for AOS any subsequent travel on your B1/B2 visa will not be proper as you would initiate AOS based on a Petition to adjust your status to a LPR (either I-130 or a One stop filing with I-485).
5. "Or would i have to return to Jamaica then fly to the United States using my B1/B2 visa?"
Again a B-2 requirements would seem to run counter to the permitted requirements to enter the U.S. with a filed pending AOS adjustment.
To make a properly workable plan, please meet with an immigration counsel in person.
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Marriage to a U.S. citizen will make it very difficult for you to enter the U.S. on a temporary visa like a B or C. Even if you have a multi-entry B visa that is "still good" the border patrol will likely deny you entry and cancel the visa if you have married a U.S. citizen after getting the visa.
The problem is that these "non-immigrant" visas require that you have no intention of moving to the U.S. permanently. However, if you are married to a U.S. citizen, the consular officers and border patrol will assume that you intend to stay unless you can convince them otherwise.
You or your fiancee should really meet with an attorney in person before attempting any of these plans. It will much more expensive and time-consuming to fix a marital immigration done wrong than to hire an attorney to do it right in the first place.
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I agree with my colleagues that even if you intend to come for a visit while awaiting the consular processing of your green card, the chances are that you will not be admitted at the border using your nonimmigrant visa.
It would be advisable for you and your fiancé to consult with an attorney to learn the risks and benefits of each process.
Dhenu Savla, Esq.
This answer does not create an attorney-client relationship and is not meant to be relied upon as legal advice.
You cannot adjust if you enter on a C1/D. You can if you enter on a B1/B2. You risk not being admitted, if the purpose of your trip is to immigrate to the U.S.
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.