Get married during an official trip (B-1 Visa)

Asked over 1 year ago - Saint Paul, MN

I am from India and I was planning to get married to my fiancée during July who is a US citizen and stay in the US . I was told that i am too late to apply for K - 1 visa now in time to be there by July . However , though i am aware coming there on a B - 2 visa and getting married is illegal , is it possible i may get a genuine business trip by or before July and i can use the same time to get married to her and apply for my permanent residency while i am still there .

Attorney answers (6)

  1. Alena Shautsova

    Pro

    Contributor Level 20

    11

    Lawyers agree

    9

    Answered . Consult with an attorney over the phone regarding this. There is a presumption of intent to marry if you get married too soon after your entry to the US.

    Att. number 917-885-2261 This advice does not create an attorney client relationship. No specific legal advice may... more
  2. J. Thomas Smith Ph.D.

    Pro

    Contributor Level 20

    12

    Lawyers agree

    Answered . To plan to come to U.S. to get married while misstating your purpose for entering the country, is a violation of law.

    However, if one does happen to get married after entering with a visa,, the USC can petition (i-130) and the alien spouse can apply to adjust status (i-485) in U.S.

    Once the package is submitted, it would be best if alien remained in the US. for at least six months until approved.

    If the alien departs, you will have to apply for a K3 Spouse Visa which requires you to stay in the country of origin until approved.

    Do consult an experienced immigration attorney for assistance.

    Law Offices of J Thomas Smith J.D., Ph.D 11500 Northwest Freeway, Suite 280 Houston, TX 77092 713-LAWYER-2 www.... more
  3. Kevin Lawrence Dixler

    Contributor Level 20

    11

    Lawyers agree

    Answered . You cannot have immigrant intent for the purposes of a visit when using a non-immigrant visa. In addition, you will need to qualify for a dual intent or K1 visa to lawfully enter the U. S. with the intent to marry.

    This can prove challenging, because if you are found out, your visa can be cancelled, among other more serious consequences.

    I strongly recommend an appointment or teleconference with a competent and experienced immigration attorney to learn more about the risks and lawful immigration options. Good luck.

    This is general information, not legal advice, and does not create an attorney client relationship.
  4. Dean P Murray

    Contributor Level 18

    10

    Lawyers agree

    Answered . You need to speak with an immigration lawyer before you get married. Do not get married without doing so UNDER ANY CIRCUMSTANCES. As Attorney Shautsova pointed out, there is a presumption of fraud if a foreign national marries a U.S. national too soon after arriving in the U.S. on a B1/B2 visa. Good luck to you.
    ---------------------------
    Dean P. Murray
    The Murray Law Firm
    560 Sylvan Avenue
    Englewood Cliffs, NJ 07632
    T: (201)875-2600
    F: (201)549-8700

    Mr. Murray's response is NOT legal advice and does NOT create an attorney-client relationship. You should NOT rely... more
  5. Bindi Chintan Parikh

    Contributor Level 11

    10

    Lawyers agree

    Answered . I agree with the answers above. You cannot have a preconceived intent to enter the US and then adjust your status. But if there is a genuine reason to visit the US you can enter on a b-1/b-2 visa and then apply for adjustment. Be aware of the 30/60 rule that creates a presumption of fraud when you attempt to change/adjust your status within 30 to 60 days of entering the US on a different visa. Please consult an experienced immigration attorney.
    Our firm handles such matters and offers a free 15 minute consultation.

    Bindi Parikh
    Parikh and Prasad Law Group
    bindi@path2immigration.com
    (702) 492-4920
    www.path2immigration.com

  6. Samuel Patrick Ouya Maina

    Contributor Level 19

    7

    Lawyers agree

    Answered . Consult privately with an attorney. Entering the country as a visitor with the intention of marrying and applying for adjustment of status will cause you untold problems if found out. An attorney can explain to you the concept of immigrant intent and its consequences.

    Samuel Ouya Maina, Esq. 415.391.6612 s.ouya@mainalaw.com Law Offices of S. Ouya Maina, PC 332 Pine Street,... more

Related Topics

US visas

There are many types of immigrant and non-immigrant visas, including work visas, student visas, and marriage visas.

B1 business visa

B-1 visas are available for foreign workers who need to visit the US temporarily for business purposes.

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

28,106 answers this week

3,444 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

28,106 answers this week

3,444 attorneys answering