any reason not to marry on a B-2?

[roykirk]

Everyone can see from my post the other day that my GF's B-2 tourist visa was approved.  It's good for one year.  It always seems like the discussion here is about K-1s and K-3, etc., but I don't think anyone's talked much about marrying on a B-2 because everyone assumes single Russian women can't get them.  Since my GF now has a B-2, is there any reason why we couldn't get married (if we decide to) on a tourist visa?  I found the topic discussed on an immigration attorney's website:

Q: Does my girlfriend need a fiancee visa (to get married to a USA citizen), if she has already visited the USA many times and has a valid visitor visa?

A: If she already has a valid B1/B2 visa, she may use that visa to enter the US instead of asking for another one. This holds true in your specific situation only because she has already traveled on that visa before. Generally, the US government may prosecute a person for fraud or misrepresentation if the visa regime is violated. If one obtains a tourist visa with the purpose of entering the United States and remaining there indefinitely, one violates the visa and is subject to criminal and immigration consequences. However, where one obtains a tourist visa and uses it for tourism several times, then falls in love in the US and reenters on the same visa to marry, it is permissible to change the status within the United States. This is probably a much longer answer that you bargained for, but this is also why you should retain an immigration attorney to assist you.

The only thing I can think of is that the U.S. probably wouldn't be very pleased, but as long as the person is in the U.S. on a legal visa, there's nothing to stop you from doing it.  It would seem to make more sense than going through the process of a K-1 if it's not necessary. 

[Ooooops]

Since my GF now has a B-2, is there any reason why we couldn't get married (if we decide to) on a tourist visa? 

Sure you can, that's why it's so difficult for single women from third world to get a tourist visa to US.      Problems may arise later when you'll apply for AOS.   I know one girl who spent 7 years and tons of money on lawyers waiting for her GC because of marriage on the wrong visa.    But again - your case may be different and you'll sail through... 

[William3rd]

Is it that you guys just dont choose to read or what? You placed half of a conversation from a lawyer's website and that makes it OK. . . .  READ what it says and you can see clearly that there are differences in your situation AND that there are dangers.

Marrying on a B2 visa can result in a charge of immigration fraud and the possibility of your girlfrriend being permanently barred from the US. It can be done but it has to be done properly.

I posted on this issue before so perhaps a little search  as in research might be in order.

[roykirk]

Is it that you guys just dont choose to read or what? You placed half of a conversation from a lawyer's website and that makes it OK. . . .  READ what it says and you can see clearly that there are differences in your situation AND that there are dangers.

Marrying on a B2 visa can result in a charge of immigration fraud and the possibility of your girlfrriend being permanently barred from the US. It can be done but it has to be done properly.

I posted on this issue before so perhaps a little search  as in research might be in order.

Is it that you're just having a bad day, or that you just enjoy talking down to people?  Maybe try kicking the dog on your way out of the house instead of taking it out on me.   

I did search for previous topics here on "B-2" and "B2" and nothing of substance came up, so perhaps the search function wasn't working right or I didn't use it properly.  I'm not saying we're going to do it, hell we haven't even decided to get married yet.  But if we decide to and there's a way to "properly" do it without starting over from scratch on a K-1, I'd be willing to look in to it.  It would probably be something I'd look in to hiring an immigration attorney for just to make sure nothing got screwed up.

[Blues Fairy]

My fiance and I started the K-1 process following 1.5 months of my obtaining a B2 visa and didn't even discuss any alternative routes.  Fact is, it's possible but rather difficult to prove that the girl entered the US in good faith without intending to stay, and then unexpectedly fell in love and decided to marry and stay.  Either way USCIS will question either the initial intent or the validity of such marriage.  I've seen people successfully adjust status from student and work visas, but very few smooth cases of adjusting from a 1-year tourist visa (though it's NOT impossible, as others have said).

[BillyB]

There's risk so don't gamble it all away. If you two really love each other, be patient and do the right way.

[groovlstk]

Is it that you're just having a bad day, or that you just enjoy talking down to people?  Maybe try kicking the dog on your way out of the house instead of taking it out on me.   

You're getting free legal advice, so don't complain. A lot of guys here will be happy to give you the same even though they lack credentials (and in many cases, common sense). I'm sure William would be a lot more congenial if he was billing you at $400 per hour 

[Ooooops]

I thing that the main downfall is not being able to travel outside of US  while waiting for AOS.   

[roykirk]

You're getting free legal advice, so don't complain. A lot of guys here will be happy to give you the same even though they lack credentials (and in many cases, common sense). I'm sure William would be a lot more congenial if he was billing you at $400 per hour 

[roykirk]

There's risk so don't gamble it all away. If you two really love each other, be patient and do the right way.

After reading the replies, it sounds like it's just not worth the hassle.  Even if everything went well, I don't want to risk causing problems with her family getting visas in the future. 

As an aside, my GF told me of three young women standing in line with her that befriended her.  They all told her they were going for student visas to the U.S., and none of them had intentions of coming back to Russia.  All three had their visas approved.     This of course irritated my GF because she got put on hold for a few weeks before they would give her a tourist one.

[Ooooops]

Even if everything went well, I don't want to risk causing problems with her family getting visas in the future. 

Oh yes, that's also be a problem... 

[viking]

As an aside, my GF told me of three young women standing in line with her that befriended her.  They all told her they were going for student visas to the U.S., and none of them had intentions of coming back to Russia.  All three had their visas approved.     This of course irritated my GF because she got put on hold for a few weeks before they would give her a tourist one.

Just because they got a student visa and "said" they had no intention of returning does not mean anything. Once here and they decide to stay let us see how long before some one starts looking for them after the visa expires. How do you get a social security number, drivers license, etc if you are here illegally? Some thing tells me these girls are in for some serious trouble. But then, I am not an expert .

[roykirk]

Just because they got a student visa and "said" they had no intention of returning does not mean anything. Once here and they decide to stay let us see how long before some one starts looking for them after the visa expires. How do you get a social security number, drivers license, etc if you are here illegally? Some thing tells me these girls are in for some serious trouble. But then, I am not an expert .

True.  But then again, how do all of these illegal Mexican immigrants survive over here for 10 years without those things?  I live in an area where we have a significant number of illegal immigrants, and most of them seem to survive for quite a while as long as they stay out of trouble with the local police.  I remember reading a story about some woman who lived, I think, up in the Seattle area for some 30+ years.  When her husband of all those years died, it was discovered that she had been here illegally for that entire time (some European country which I can't remember).  The last I heard they were going to try to deport her, but the community was rallying around her.  I don't know how it turned out.

[ConnerVT]

How do they do it?  It is all a matter of "Feet wet" or "Feet dry".

The hardest part of immigrating to the USA is getting here.  Once here, there are enough hurdles that need to be done by the various government agencies, that unless one commits a major crime, essentially the alien falls through the cracks.

A friend of mine was in the US Coast Guard based in Florida.  His ships primary mission was to pick up Haitians before they made landfall in the USA.  If they were still walking in the water ("Feet wet"), the USCG was free to pick them up, and return them to Haiti without issue.  If they had both feet on land ("Feet dry"), then they fell into the (then) INS' jurisdiction, where they could claim amnesty, and were free to stay until their court hearing.

Immigrants arriving on F and J visas are doing the same thing.  They can apply for a SS# on arrival, though many afterwards will do contractor work (1099-MISC) to keep a lower profile.  Some just disappear, others apply for visa extensions.  Their NOA1 and pending case keeps them in that quasi-In-Status state.

As for drivers licenses, you would be surprised at the number of unlicensed and uninsured drivers out on the roads.  In many parts of the country, it is estimated to be over 20%.

If they find someone to marry, then they refile for AOS all over again.  Yeah, the folks at USCIS tend to get a bit bent out of shape, but the effort to deport the alien, now married to a US citizen, typically becomes more work than they wish to do.

Of course, I don't recommend that you do this at home...   

[Zmejka]

The main rule is not to get married during 2 months after her arrival - because there's unwritten rule of "30-60" if marriage and AOS happens during first 30 days after arrival it will surely raise questions about hidden intentions of a person with tourist visa who got married. If it happens between 30 and 60 days - it can raise questions, after 60 days - no questions or concerns should be raised. Considered that 60 days (2 months time) is valid term if a person meets someone, falls in love and desides to stay instead of leaving. But concerns and questions - it's a matter of dealing with certain immigration officer at the first interview for the greed card, some can never ask anything even if you get married on the 2nd day after her arrival on tourist visa, some can be very precise.
There're many cases on forum of russian fiancees and wifes in America of marriages on tourist visas. Some had no single problem - they could easily get their relatives in America for a visit, got green card sooner that K-1 visa holders etc. - but there're also cases when relatives were denied in a visit because counsil questioned the way how the girl stayed in th US etc.
So i would say - if you want get married on 61 day from her arrival or later - and i hope other things will go smoothly for you.

[Ooooops]

I've just stumbled across a thread on "Russian Fiancee Forum" about girl who was in US as Au Pair fpr 1,5 years, started dating GC holder (Ukrainian guy), got pregnant, moved back to Kiev, got tourist visa (while 6 months pregnant) and now back to US to give birth to their kid (obviously without insurance or anything like that).   So being married to US citizen on tourist visa is nothing comparing to this!