Can I visit?

Asked about 1 year ago - Berwyn, IL

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?

Additional information

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.

Attorney answers (5)

  1. Carl Michael Shusterman

    Pro

    Contributor Level 20

    15

    Lawyers agree

    Answered . Very doubtful that you will be allowed to visit the US since you would be remain permanently.

    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
    https://shusterman.com/intake-secure.html
    600 Wilshire Blvd., Suite 1550
    Los Angeles, CA 90017
    (213) 394-4554 x0
    Web: www.shusterman.com (English)
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    (213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration... more
  2. Alexander M. Ivakhnenko

    Contributor Level 20

    2

    Lawyers agree

    Answered . 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.

    DISCLAIMER The answer given above by the lawyer serves for educational purposes only and provides general... more
  3. Mary Kathleen Neal

    Contributor Level 15

    1

    Lawyer agrees

    Answered . 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.

    Law Office of Mary K. Neal | www.immigratechicago.com | info@rogersparklaw.com| 773-681-1335 This answer is... more
  4. Dhenu Mitesh Savla

    Contributor Level 17

    1

    Lawyer agrees

    Answered . 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.
    SwagatUSA, LLC
    www.swagatusa.com/attorney

    This answer does not create an attorney-client relationship and is not meant to be relied upon as legal advice.
  5. Stephen D. Berman

    Contributor Level 20

    Answered . 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... more

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