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 .
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.
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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.MyImmigrationLawyer.info
Real Estate Attorney
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
Mr. Murray's response is NOT legal advice and does NOT create an attorney-client relationship. You should NOT rely on this response. Mr. Murray's response was generated without conducting a full inquiry as would occur during a face to face attorney-client consultation. It is likely that the response above may be made less accurate, or become entirely inaccurate, as you, i.e. the questioner, disclose additional facts that should only be discussed during a private consultation with an attorney. I strongly recommend that you consult an attorney who is licensed to practice law in your state (or, in the case of immigration law, and attorney in ANY state), whereupon all relevant facts will be discussed. All responses posted by Mr. Murray on Avvo.com are intended as general information for the education of the public, and not for any specific individual.
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.
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.
Parikh and Prasad Law Group
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 email@example.com Law Offices of S. Ouya Maina, PC 332 Pine Street, Suite 707 San Francisco, CA 94104