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nida hussaini

USC Guy considering to marry a girl in India

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hi,

US Citizen guy considering to marry a girl from India.  But he wants to get married in USA and not in India, because

1- Guy has no Family back in India and

2- His mother has severe health issues and  cannot travel to India. We'd like for mom to be present in marriage.

The girl's brothers are in US on student visa, studying in a reputed university. Her parents has the visitor's visa approved and  they (parents) planned to visit US for their son's graduation but couldn't visit because of pandemic outbreak.  However,  the girl  do not have visit visa. 

What are our options?? or chances for the girl (25) to get B2 visa, if they apply?  Is there anything the guy could do make the visit visa situation possible? for marriage purposes? 

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her  chances are almost zero...mostly because she will not be returning, according to your story..and COs are all too familiar with the young, single woman applying to 'visit' a 'family friend.'

you can play no positive role in the outcome of her B2 visa interview....none, zero, nada....every applicant seeking a tourist visa is presumed by our laws to be going to the US to remain permanently until they can convince a CO otherwise... with an Amcit BF and plans already in the works for marriage, her interview will last about 34 seconds.

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K1 fiancé(e) visa is the more appropriate visa. The purpose of this visa is to permit fiancé of a U.S. citizen to travel to the U.S. for the purpose of getting married. B2 is not the most  appropriate visa. At the time of applying for a B2 visa, one needs to be honest on the purpose of visit. Doing that would make it extremely difficult to overcome the presumption of immigrant intent. Even if a visa is approved, at the time of entry, the CBP officials will restrict the entry to less than 90 days and mostly with an annotation reading “No adjustment or change of status permitted”. So, if all the requirements are met, it is best to apply for a K1 visa though it may take longer. If you want to evaluate your options and understand the possibilities of successful visa application, feel free to contact one of our attorneys by sending an email to info@murthyindia.com.

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to the OP: please reread the above......"one needs to be honest on the purpose of the visit..."...this is crucial...if she tries to make up some story, she will very likely fail. However, once she honestly tells the CO that she wants to visit her new Amcit BF, well, most COs with more than ten minutes of experience know all too well what will probably happen if she is granted a B2 visa....there will be the 'sudden' mind change at baggage claim, she runs off to get married and never returns...happens constantly....which is why the K1 visa is the preferred (though longer) route...experienced COs have heard most of the stories....and the more she might try to dodge certain questions, the more likely she will not get the tourist visa. 

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In these days of profound unrest and the possible cusp of change, it would be expedient for people responding to be polite and to the point instead of pontificating and using words betraying contempt of others. I have no idea why the Law Firm cannot ask for the norms to be followed especially if there is a recurrent and repetitive strain of hostile answers aimed at posters from one country.

A simple answer would be "No B2, but K1".

 

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Just telling it like it is, based on tens of thousands of personal interview experience, and the thousands more of colleagues with whom I have worked and/or supervised....in other words, from actual knowledge instead of guesswork....

People have tried and continue to try and search for the 'magic' way to somehow fool COs...some succeed, others don't.

A B2 visa is an object of trust, not a device to be used to circumvent other visa categories..yet so many use and abuse it to work illegally, to go around K1 visa wait times, etc. When a significant percentage of the population from a particular country have demonstrated continuous abuse over their demographics, well, what would you expect a CO to do? Keep doling out visas no matter what? No. That would not be legally nor ethically correct. 

Countries who are not part of the Visa Waiver program are not given that privilege for a reason (actually several, but they all center around abuse of the visa privilege in different ways. Should the US just hand out travel privileges to all? If so, why? 

When people join in a forum to try and ask for ways to get around our regulations, or to get some new story to tell, do you find that behavior acceptable, and if so, why? 

We either have rules for a reason or we should just dispense with them...but there is no middle ground. 

My feedback comes from having heard those stories and their results; the stories are not new to some of us nor are they very creative. A good CO can ask questions in such a way as to get to the real intentions of an applicant with some effort. 

I was known by my foreign colleagues as being 'tough, but fair.' For me, that was no higher complement. Immigration attorneys did not particularly like me, but I did not lose a moment of sleep worrying about their opinions. 

If you can find any inaccuracies in any of my statements or suggestions, please, point them out. Since you have never interviewed a single visa applicant, well, I'm not sure upon what knowledge or experience you would base such contrary opinions. 

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On 6/19/2020 at 3:35 PM, pontevecchio said:

In these days of profound unrest and the possible cusp of change, it would be expedient for people responding to be polite and to the point instead of pontificating and using words betraying contempt of others. I have no idea why the Law Firm cannot ask for the norms to be followed especially if there is a recurrent and repetitive strain of hostile answers aimed at posters from one country.

A simple answer would be "No B2, but K1".

 

I agree, people like the one above should not be allowed to post in any public forum. Notice the original response to OP only consisted of extremely negative, contempt full, condescending language. No mention of a helpful response of a K1 visa, which was instead mentioned by an actual professional.

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