entering the US with a B2 while K1 is pending

[QueenB]

Hi. This is my first time to post questions here.

My bf and I are starting to make plans for the future. He is a US citizen. I was in the US with a J1 in 2009, and stayed for 6 months. I went back to the US twice with a B2 after that. I just got my new B2 in Jan. We are thinking to get married. There are several options for us.

1. apply for a K1
2. getting married in the US with a B2 visa, and apply for adjustment of status
3. getting married in the US with a B2 visa, I return to China and file for a CR1

Now the qustions are :

1. Can I still go visit US with my valid B2 wisa after we file for K1 / while K1 is pending? Would the immigration allow me to enter?

2. I know this may be a risky option as the adjustment of status may not be approved. Is the burden to prove "the intent" fall on the USCIS? or it;s on us to prove i didn't have the intent to get married on a B2? What questions would they concern to decide to approve or disapprove and adjustment of status?

3. It's really not a good option for us. We don't like the idea we have to get separeted after we are married.

4. do they concern/look at my bf's financial situation when we apply for adjustment of status (after getting married on B2)? I know, in K1, the financial sitution of the petitioner matters.


5. Is option 2 (getting married on b2 and apply for adjustment ) cheaper than option 1 ( k1)?


Thank you in advance. Sorry that I have so many quesitons all at once.

JM

[Ryan H]

Now the qustions are :

 

 

My answer to question #1:

You can go visit. No guarantee you will be allowed entry by CBP. CBP may have access to information that an immigration benefit has been filed on your behalf; you would want evidence of strong ties to show the CBP officer should it be asked for.

 

 

My answer to question #2:

Do both of yourselves a favor and forget about #2. IMO, it's more trouble than it's worth.

 

 

My answer to question #3:

I understand how you feel about that. However, with CR-1, no AOS (adjustment of status) is required and cheaper than K1.

 

4. do they concern/look at my bf's financial situation when we apply for adjustment of status (after getting married on B2)? I know, in K1, the financial sitution of the petitioner matters.

 

 

5. Is option 2 (getting married on b2 and apply for adjustment ) cheaper than option 1 ( k1)?

 

 

See what I said above, DO NOT go with option 2 (just my opinion). Based on your post, K1 is the best option for you.

 

Best wishes to you both on the future!

[xiaozhu]

Hi. This is my first time to post questions here.

 

My bf and I are starting to make plans for the future. He is a US citizen. I was in the US with a J1 in 2009, and stayed for 6 months.

 

Before considering any options, first check out if you subject to two-year home stay due to your J-1 visa. It should be shown on your J-1 visa or your DS2019 form: 212 (e).

[QueenB]

Hi. This is my first time to post questions here.

 

My bf and I are starting to make plans for the future. He is a US citizen. I was in the US with a J1 in 2009, and stayed for 6 months.

 

Before considering any options, first check out if you subject to two-year home stay due to your J-1 visa. It should be shown on your J-1 visa or your DS2019 form: 212 (e).

 

 

 

I am subject to the 2 year. and my 2 year is almost up.

[dnoblett]

Option 1 and 3 are the safe bets,

 

Option #2 is considered to be visa fraud, usinfg a NON-IMMIGRANT visa to immigrate, B-2 is for visiting not immigrating, using it with INTENT to immigrate can get you into trouble. I have seen posts on VJ about port of entry procedures, in some cases they ask directly your intents when visiting on the B-2, and sometimes have visitors sign a paper declaring that visiting is the intent, I have seen posts where the USCIS uses this paper to deny adjustment of status.

 

Questions:

 

#1 Yes can visit, however be prepared to be questioned as to your intent when visiting, and be prepared to provide evidence of ties to China.

 

#2 Again you are premeditating this, so you already have "Intent" and again the POE can always make you sign a paper.

 

#3 This is very common, virtually all on this board had to deal with a period of separation. If conserned with this then file the I-129F now, or time it to complete by the end of your 2 year Home Residency requirement, then use the correct visa K-1 to adjust status from.

 

#4 Yes, US Citizen Spouse/petitioner still provides an I-864 to sponsor the green-card, sponsor needs to make same income level as will be needed to sponsor K-1 visa. This is the norm for adjustment of status from a K-1 or any other non-immigrant visa.

 

#5 Run the risk of getting denied, and then BANNED from the USA.

[pbatt]

I have seen the CBP officer stamp right on the back of the I-94 No AOS on it. This happened to my friend from Singapore when she visited the US. They held her at Customs for over 4 hours and also came and talked with me as well. They suspected she was trying to come here to get married, this is what the officer explained to me when he talked to me. I asked him how she can get married in USA and adjust status if she is still married, he looked at me and said she cannot.

I said problem solved.

It was another hour and she was allowed to enter.They did stamp no AOS on her form.

 

As has been stated before, do the K-1 and good luck

[xiaozhu]

I am subject to the 2 year. and my 2 year is almost up.

 

 

Sounds good. Make sure two-years home stay is completely finished before you enter USA by your new B2 visa. Otherwise option 2 would not be an option for you. CR-1 and K-1 are same in my view except K-1 goes a little quicker.

Edited March 13, 2011 by xiaozhu (see edit history)

[Beachey]

Won't the US Authorities cancel the B2 as soon as you start the K1 process? I know of a couple where the Chinese wife had a B2 but was cancelled as soon as they started the CR-1/IR-1 proceedings. Is K1 treated differently from CR-1?

[QueenB]

So still, How can i find out if my B2 will be cancelled if we apply for the K-1. Why would they take away a visa when you have only applied for another that can take anywhere from 6-8 months to process and your trying to follow proper procedure. Your only jeopardizing the K-1 process if you go and not follow the rules!

[xiaozhu]

Won't the US Authorities cancel the B2 as soon as you start the K1 process? I know of a couple where the Chinese wife had a B2 but was cancelled as soon as they started the CR-1/IR-1 proceedings. Is K1 treated differently from CR-1?

 

 

I think theoretically B2 would be treated strictly while in CR1/IR1 processing, compared with K1. In CR1/IR1 case, you were married. And if you have B2, then you can adjust your status when you enter USA. But in K-1 case, you are mot married, if you have b2 and enter USA, you can not adjust your status unless you get married. If so, you have to file another petition.

[xiaozhu]

So still, How can i find out if my B2 will be cancelled if we apply for the K-1. Why would they take away a visa when you have only applied for another that can take anywhere from 6-8 months to process and your trying to follow proper procedure. Your only jeopardizing the K-1 process if you go and not follow the rules!

 

 

Probably it is impossible to find out that. Not worry. Many K-1 applicants visit their fiancee while K1 processing. I do not think your B2 will be terminated if you apply for K-1. If you worry, then get into usa first and then file K-1. Best luck to you!

[dnoblett]

So still, How can i find out if my B2 will be cancelled if we apply for the K-1. Why would they take away a visa when you have only applied for another that can take anywhere from 6-8 months to process and your trying to follow proper procedure. Your only jeopardizing the K-1 process if you go and not follow the rules!

 

 

Probably it is impossible to find out that. Not worry. Many K-1 applicants visit their fiancee while K1 processing. I do not think your B2 will be terminated if you apply for K-1. If you worry, then get into usa first and then file K-1. Best luck to you!

 

True, I see cases all the time where people visit on B-2 while K-Visa being processed.

[QueenB]

So still, How can i find out if my B2 will be cancelled if we apply for the K-1. Why would they take away a visa when you have only applied for another that can take anywhere from 6-8 months to process and your trying to follow proper procedure. Your only jeopardizing the K-1 process if you go and not follow the rules!

 

 

Probably it is impossible to find out that. Not worry. Many K-1 applicants visit their fiancee while K1 processing. I do not think your B2 will be terminated if you apply for K-1. If you worry, then get into usa first and then file K-1. Best luck to you!

 

True, I see cases all the time where people visit on B-2 while K-Visa being processed.

 

 

Good to know that! Thanks