marriage on visitor visa

[viraldesai]

can a person married to a USA citizen, go to USA on visitor visa?

 

[moshiksss]

hi

I am an Indian citizen with a B1/B2 visa holder which is valid till 2020. I have visited the USA a dozen times already (always as a visitor). My wife-to-be is a US citizen by naturalization.

We are planning to get married in India during this summer and want to be together as soon as possible.

In my understanding, K3/K4 visa is no longer considered advisable and it is recommended to directly apply for CR-1 immigrant visa.

It is also my understanding that a CR-1 visa can take 6-8 months on average to get through.

It is also my understanding that if I visit USA as a visitor while my CR-1 visa is pending (that is, while my I-130 is under processing), the officer at the PoE officer may need additional convincing that I will return to my country and not stay on.

So our plan is to get married in India. After the wedding, my wife goes back to the US without me. I come a little later as a visitor intending to return to my country within six months. After my arrival, my wife files I-130 for a CR-1 visa. But I won't apply for adjustment of status or try to become a permanent resident while I am there. I will return to my country after 5-6 months of stay in the USA and wait for the immigrant visa to be approved.

Then I again enter as an immigrant.

The upside is that there is no I-130 pending when I enter the US, so my bona-fide to only come as a visitor is clear. And I will honor the conditions of my non-immigrant visa and will return to my home country within six months.

The downside is I won't be able to work while in the USA but that is OK by me, as I am planning to write a book during the few months that I am there.

Does the plan sound fine without any consequence to my I-130 processing?

Any help/pointers will be appreciated. Thanks!

 

MAY 2011 VISA BULLETIN PREDICTIONS

[Niren789]

Hi, there are a number of factors that influence the success of obtaining a visitor's visa. These things can include financial stability or criminal records checks. One shouldn't need to be married to a US citizen in order to procure a visitors visa. This might be useful to you: http://www.*************.com/*************** . Hear an immigration lawyer lay out the basic facts about the tourist visa application process.

[t75]

Writing a book is work which cannot be done as a visitor.

 

Your plan is flawed. You are unlikely to be believed that you will return to await you AOS. It is your choice to marry a USC; you have to wait for US immigration process.

[viraldesai]

If I marry a US citizen girl in INDIA and after marriage go to USA on visitor visa then after how many days we can file for adjustment of status and for work permit.

When we file for adjustment of status whether we need to show that we are married in INDIA or not? 

[JoeF]

If I marry a US citizen girl in INDIA and after marriage go to USA on visitor visa then after how many days we can file for adjustment of status and for work permit.

When we file for adjustment of status whether we need to show that we are married in INDIA or not? 

Entering as visitor with the intent to adjust status to Permanent Resident would be fraud.

The US citizen can file I-130 and you can go for Consular Processing within a few months.

[t75]

If you marry in India, you should plan remain in India while LPR processing is taking place. An individual married to a USC would have the intent to improperly enter the US if planning to file for AOS after entry, A USC is able to live in any country granting her residency so if you do not want to be separated, she can live in India with you.

 

If you did not want the inconvenience of gaining US LPR legally, you should not have married a USC.

[viraldesai]

Entering as visitor with the intent to adjust status to Permanent Resident would be fraud.

The US citizen can file I-130 and you can go for Consular Processing within a few months.

but I have heard that we can apply for a adjustment of status and for work permit after 60 days as a change of mind after entering as a visitor visa.

[JoeF]

but I have heard that we can apply for a adjustment of status and for work permit after 60 days as a change of mind after entering as a visitor visa.

Obviously, if you enter with that in mind, then you show that you entering on a visitor visa would be fraud.

Pretending to have changed your mind, when you had the intent to do AOS all along is fraud.