B2 visa can't get married within 3 month upon arrival to the US

[Dani Wong]

Hi there,

 

I came to the US via a B2 visa two months ago. I'm keening on getting married before birth of our baby, due in early March. Nonetheless, my boyfriend, a US citizen, was indicated firmly by his lawyer that marriage happened within 3 months upon arrival of the US is a suspected marriage to get a green card.

 

Does the lawyer's word make any sense to you guys, or just an old wife's story? Following his instruction, we can't get married till late March and my baby will be born without a marriage certificate.

 

Thanks very much,

 

Qi

[warpedbored]

It might look better but legally it makes no difference. The whole issue is a matter of intent. If you came here on a B-2 visa with the intent of getting married that is visa fraud. On the other hand if you came here on a B-2 visa for legitimate reasons then in the heat of passion decided you could no longer wait to get married then that is perfectly legal. It would be up to the USCIS official who handles your case whether or not he believes you so there is risk. Another option would be to go ahead and get married, wait for the baby to be born then return to your home country and file the I-130. Baby wouldn't need one because he/she would be a US citizen.

[dnoblett]

It all comes down to INTENT, USCIS will ask questions as to intent.

 

What were questions asked when you entered the country, and did you have anything as to your intents, I have seen some denials for adjustment of status where the POE officer had the visitor sign a statement that the visitor will not attempt to adjust status.

 

When did you enter the USA?

[chilton747]

It all comes down to INTENT, USCIS will ask questions as to intent.

 

What were questions asked when you entered the country, and did you have anything as to your intents, I have seen some denials for adjustment of status where the POE officer had the visitor sign a statement that the visitor will not attempt to adjust status.

 

When did you enter the USA?

 

Is this your first B-2 visa?

[Randy W]

Hi there,

 

I came to the US via a B2 visa two months ago. I'm keening on getting married before birth of our baby, due in early March. Nonetheless, my boyfriend, a US citizen, was indicated firmly by his lawyer that marriage happened within 3 months upon arrival of the US is a suspected marriage to get a green card.

 

Does the lawyer's word make any sense to you guys, or just an old wife's story? Following his instruction, we can't get married till late March and my baby will be born without a marriage certificate.

 

Thanks very much,

 

Qi

 

There is no US law or policy in effect that would tell you when or where you can get married. Like you're being advised, however, it would most likely be best to follow the terms of your original visa and leave the US WITHOUT applying for a green card (especially if you knew your fiance BEFORE you came to the US). If you can PROVE that you met him after your arrival, that MAY be a different story.

Edited February 18, 2011 by Randy W (see edit history)

[dnoblett]

It might look better but legally it makes no difference. The whole issue is a matter of intent. If you came here on a B-2 visa with the intent of getting married that is visa fraud. On the other hand if you came here on a B-2 visa for legitimate reasons then in the heat of passion decided you could no longer wait to get married then that is perfectly legal. It would be up to the USCIS official who handles your case whether or not he believes you so there is risk. Another option would be to go ahead and get married, wait for the baby to be born then return to your home country and file the I-130. Baby wouldn't need one because he/she would be a US citizen.

Yep, could even marry now, file I-130 now to get a head start, have baby, and then head home before allowed stay expires, (Noted on I-94 card).

 

There is always risks involved when adjusting status from a Tourist visa.

[dnoblett]

There is no US law or policy in effect that would tell you when or where you can get married. Like you're being advised, however, it would most likely be best to follow the terms of your original visa and leave the US WITHOUT applying for a green card (especially if you knew your fiance BEFORE you came to the US). If you can PROVE that you met him after your arrival, that MAY be a different story.

Yep, having a baby next month implies knowing him before, unless it is someone else's baby?

[Mike and Yan]

There is no US law or policy in effect that would tell you when or where you can get married. Like you're being advised, however, it would most likely be best to follow the terms of your original visa and leave the US WITHOUT applying for a green card (especially if you knew your fiance BEFORE you came to the US). If you can PROVE that you met him after your arrival, that MAY be a different story.

Yep, having a baby next month implies knowing him before, unless it is someone else's baby?

Don¡¯t answer that question

[amberjack1234]

Wow I have to tell you that you are walking on thin ice by getting married while here on a B-2 and being that long into your pregnancy. They are certainly going to have some questions when you apply for AOS, be very prepared, very prepared.

 

Good luck

Larry

[Dani Wong]

Yes, it's true.

Edited February 18, 2011 by luqi (see edit history)

[Dani Wong]

Thanks guys, I appreciate your wits!

 

It's my 2nd time to US via B2. Well put that I should get married here and apply I-130 from home, that's optimum. Is that true, i may not leave the country after submission of green card application, if I apply here? Also, I've applied change of status to student for keplan preGRE six months course. Wish I can hear sth before expire of my B2 in June.

 

I came because bf insists of having baby in NYC, he hardly trusts any hospital in Beijing. It was a crusade for me to negotiate with my company for a longer maternity leave...

Anyway, my bf's lawyer advised me of getting b2 then, indicating my baby won't wait a year long for the approval of I-130.

 

I was not preparing for green card before, my job is ok in beijing and living's much cheaper there. bf and me even hardly took any photos together as we are not very photogenic, this is a sign of a fraud marriage, commented by his lawyer.

 

Above all these, pregnancy is the turning point, we both believe the baby can have a promising prospect in the US.

[pbatt]

If the pictures show that you met in China then I would think it would be easier as others have said before me. To marry and file I-130 and then return before your B-2 visa expires, since is in June as you stated will give you time to have baby and resolve all things. Good luck, be well prepared, and wish you all the best.

[Dani Wong]

Thanks very much Pbatt! I'm inspired.

 

The bottom line is, to my experience, never consult Manhattan Chinatown lawers with immigration issues, your case can be complicated if not screwed up. Better ask people in real life or forum....

[amberjack1234]

Thanks very much Pbatt! I'm inspired.

 

The bottom line is, to my experience, never consult Manhattan Chinatown lawers with immigration issues, your case can be complicated if not screwed up. Better ask people in real life or forum....

You got that right.

 

Larry

[warpedbored]

When my ex-wife and I married she came here on a tourist visa from Japan. We got married two weeks later and filed for a green card. When we had her interview the interviewing officer didn't like it much but in the end he approved our petition. This was 31 years ago though and immigration law is much different now. To be honest I doubt very seriously that you would be denied, especially where a baby who is a US citizen is involved, but there is risk.