# what is the best way to do this?



## Guest (Apr 1, 2009)

Ok so here is my situation! I live in the UK and have been dating my amercian girlfriend who lives in the US for a year. I plan on applying for B2 tourist visa for 6 months so we can live together and I can travle around a bit. I think that we may look to get married after we have lived together and providing all is well  but I am wondering what is the best way to do this? 

I know you cant enter the USA on a tourist visa with the intention of getting married etc but I also heard that if you do get married while on a tourist visa then you dont have to leave the country? Is this right? I know that I could leave the US should we get engaged then I could apply for a Fiance visa and re-enter and get married within 90 days.

I just dont know what the best thing to do is? primarily I am going to the US for 6 months to travel and to see my girlfriend but if we did get married what would be the scenario??

Any help would be greatly received - thanks.


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## Fatbrit (May 8, 2008)

Johny said:


> Any help would be greatly received - thanks.


The main issue with your plan is that you assume you'll get a B2.


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## Guest (Apr 1, 2009)

Im sorry, I am not presuming anything. I just think there is a good chance of me obtaining a B2 visa as I have sufficient funds to cover my trip and all my family are in the UK as a tie to go back to my home country. I could enter the US under the Visa Waiver Programme for 3 months but I am not sure how soon you can return if you come back after 3 months. 




Fatbrit said:


> The main issue with your plan is that you assume you'll get a B2.


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## Fatbrit (May 8, 2008)

Johny said:


> Im sorry, I am not presuming anything. I just think there is a good chance of me obtaining a B2 visa as I have sufficient funds to cover my trip and all my family are in the UK as a tie to go back to my home country. I could enter the US under the Visa Waiver Programme for 3 months but I am not sure how soon you can return if you come back after 3 months.


If there's no reason you can't use the VWP, they are rather reluctant to issue B2s. For some, application can be a step backward rather than forward.

There's no written rule about about how long you must stay out after a VWP or B2 visit -- you can return the next day if you want! However, many in your situation will apply a rule of thumb and spend at least as much time out as they do in. Once the CBP officer decides you're living here or likely to live here, s/he'll turn you around. If you're lucky, you'll get a warning first.


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## Guest (Apr 1, 2009)

Thanks that is really helpful. I was wanting a B2 visa obviously because I could stay longer with my girlfriend etc and also I read you can possibly extend a B2 visa where as on the VWP you cant. Do you know if I got married on a B2 visa whether I could stay in the country and apply for residence or is it likely that woudl not be granted because they would have thought my intention was to marry on a B2 visa.











Fatbrit said:


> If there's no reason you can't use the VWP, they are rather reluctant to issue B2s. For some, application can be a step backward rather than forward.
> 
> There's no written rule about about how long you must stay out after a VWP or B2 visit -- you can return the next day if you want! However, many in your situation will apply a rule of thumb and spend at least as much time out as they do in. Once the CBP officer decides you're living here or likely to live here, s/he'll turn you around. If you're lucky, you'll get a warning first.


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## Fatbrit (May 8, 2008)

Johny said:


> Thanks that is really helpful. I was wanting a B2 visa obviously because I could stay longer with my girlfriend etc and also I read you can possibly extend a B2 visa where as on the VWP you cant. Do you know if I got married on a B2 visa whether I could stay in the country and apply for residence or is it likely that woudl not be granted because they would have thought my intention was to marry on a B2 visa.


You can indeed extend a B2 visa . Were you lying in intensive care with a dozen tubes entering your body and a machine doing your breathing, I'd say you'd have a good chance of success. Otherwise, I'd be doubtful.

You can adjust status from both a B2 and a VWP entry if you marry a US citizen. However, it is not lawful to enter the country on either of these visas with this intention. The B2 gives you judicial review should your application to adjust status be denied whereas the VWP gives you no such rights since you signed them away on the I-94W. The recent Momeni case out of the 9th Circuit makes adjustment from a VWP entry even more precarious -- the appellant was refused adjustment because his I(-94W had expired when he applied.


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## twostep (Apr 3, 2008)

You write she lives in the US for a year. Can you elaborate? What is her legal status?


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## Fatbrit (May 8, 2008)

Shellymaple said:


> I think that you should get there first on atourist visa and then get married there so the problem is solved.


I don't see how that solves any problems, I'm afraid.


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## twostep (Apr 3, 2008)

Shellymaple said:


> I think that you should get there first on atourist visa and then get married there so the problem is solved.


You may want to do some research. Marriage to a US citizen does not automatically mean the spouse gets a visa to live/work in the US.


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## Guest (Apr 2, 2009)

Sorry, I mean she is an amercian citizen and has lived there all her life. We have been dating for 1 year





twostep said:


> You write she lives in the US for a year. Can you elaborate? What is her legal status?


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## mexliving (Mar 30, 2009)

*visa/marriage*

if i am correct, you must be boyfriend/girlfriend for 2 years. 

change your plan.... during the interview process when they ask you how long you have been together and you lie, they will know it.

visit her this year and come back next year ..........if your still together then you can see about the wedding...


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## Davis1 (Feb 20, 2009)

mexliving said:


> if i am correct, you must be boyfriend/girlfriend for 2 years.
> ...


You are not correct ..


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## Guest (Apr 2, 2009)

Could you expand on your thoughts please?





Davis1 said:


> You are not correct ..


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## Davis1 (Feb 20, 2009)

Johny said:


> Could you expand on your thoughts please?


Nothing to expand on, the poster made an incorrect statement 
he is probably confused with the requirement that you must have actually met within the previous 2 years..

Having read you original post .. Fatbrit is correct ..the chance of getting a B-2 is minimal, if you are of working age ...

The better shot would be a K-1 visa... at least that way you have 90 day to change your mind after arriving ...


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## twostep (Apr 3, 2008)

It is so easy to give answers to no questions:>(

Do you plan to stay in the US as married couple?


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## Guest (Apr 2, 2009)

Yes, that is ultimately what we will both want. I want to go to the US for as long as possible so obviously we can spend as much time together thats why I thought the B2 visa was the best one but from what people have said they dont like giving out B2 visas.

I want to do things properly but I just want to know what the circumstances/chances would be if I got there and we decided to get married while I was on a B2 visa or on the Visa Waiver Protection??









twostep said:


> It is so easy to give answers to no questions:>(
> 
> Do you plan to stay in the US as married couple?


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## Davis1 (Feb 20, 2009)

Johny said:


> I want to do things properly but I just want to know what the circumstances/chances would be if I got there and we decided to get married while I was on a B2 visa or on the Visa Waiver Protection??


There is nothing illegal about visiting the US and getting married 
then leaving and applying for an immigrant visa 

Trying to do it while staying is fraught with danger. may work.. may not 
The risk does not make it worthwhile...


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## twostep (Apr 3, 2008)

OK - let's rephrase
a) she is US citizen and in the US
b) he is UK citizen
c) both want to stay in the US
d) marriage is on the horizon but no decision has been made

My questions
a) can you financially and professionally afford 90 potentially 180 days vacation
b) assuming it comes to marriage - can your future wife sponsor you inclusing affidavit of support or do you need a co-sponsor


This is Fatbrits "department"
a) there is a possibility of spontaneous marriage but it has it's pitfalls - you have to prove it's nature and test driving a relationship does not indicate spontaneous
b) you enjoy the holiday, return to the UK, wait out your visa, get your loose ends taken care of, should take 6-12 months.
c) continue your education in the US, get married, file adjustment of status

Fatbrit - would K1 not be his easiest solution unless there are skeletons in either closet?


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## twostep (Apr 3, 2008)

Johny said:


> Yes, that is ultimately what we will both want. I want to go to the US for as long as possible so obviously we can spend as much time together thats why I thought the B2 visa was the best one but from what people have said they dont like giving out B2 visas.
> 
> I want to do things properly but I just want to know what the circumstances/chances would be if I got there and we decided to get married while I was on a B2 visa or on the Visa Waiver Protection??


Slow down Johnny you will get a ring around your finger:>) 

VWP = visa waiver programm. There is no protection involved. Just the opposite - your stay in country depends on the immigration officer at point of entry.

Why shoud B2 visas not be issued? It is a matter of applying, giving propper reason for the lengthy stay as well as binding ties to return to your home and proof of financial support. Catch 22 - once you are turned down you do not qualify for VWP any more.


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## Davis1 (Feb 20, 2009)

twostep said:


> - once you are turned down you do not qualify for VWP any more.


That is not correct ... Over 50% of B-2 applicant at the London Consulate are refused 
they can still use the Visa waiver


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## twostep (Apr 3, 2008)

Davis1 said:


> That is not correct ... Over 50% of B-2 applicant at the London Consulate are refused
> they can still use the Visa waiver


This is contrary to what I know. Would you mind to post an official link with this information for future reference. Thank you.


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