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Immigration Forum / USA Marriage Base / December 2006



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Marriage on a B visa

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MikeSmith - 27 Dec 2006 05:51 GMT
Hello,
I was wondering if you could help me with an advice/suggestion.

Here is our situation:

I am US citizen
who meets a woman traveling/doing business on B1/B2 visa
we start a serious relationship
she gets pregnant, which is not a tragedy because we have decided to
get married and have kids anyway
her B1/B2 visa expires in 1 month

Can we apply with I-130 and I-485 so that she can legally remain in the
country and give birth to the child here, and hope that she will be
granted immigrant status and not be accused of immigration fraud and
having had an intent of immigration and marriage? The worst thing I can
imagine is an unfavorable decision and a prospect of her deportation,
with the child remaining with me (which is just impossible to imagine
for both of us).

I truly appreciate your help,

Thank you
Nilda - 27 Dec 2006 09:53 GMT
I used to have a B1/B2 Visa and I met someone during one of my trip too and we got married before my 6 months stay expired but then we we'rent able to apply our immigration papers right away so technically I was overstayed but when we had our interview the Officer told me that ...I entered the US legally so I have no problem.  I got my Conditional 2 years GC without a problem.

Whatever happenned if you will decide to get married dont let her go home without getting approval or else if her visa is expired already she might be put on 3 yrs Bar.

Goodluck.
costos@gmail.com - 27 Dec 2006 14:49 GMT
So is she traveling or is she doing business, she can't be doing both.

Wow, that's pretty quick - a decision to have kids within six months of
knowing a person.

The answer would be yes, you can.  Why all the worry about the fraud?
If you have nothing to hide, it is unlikely you'll have an issue with
authorities.

Good luck!

> Hello,
> I was wondering if you could help me with an advice/suggestion.
[quoted text clipped - 19 lines]
>
> Thank you
MikeSmith - 27 Dec 2006 21:16 GMT
Yes, B1/B2 is apparently a commonly issued visa when someone comes for
any work-related activity (like she did- being a dentist and attending
a dental congress) and also for leisure, like seeing NYC/traveling
around.
I know, it's crazy to have kids that fast, but it happened... hmm...
accidentally per se :) However, that was our plan after she would come
here permanently later on, before getting into a hell of a deal with
her dental career, etc. So it's not a shock but rather an unexpected,
but pleasant "surprise".

My concern is that it still may be difficult to prove that she did not
have an intention to stay. Some people do crazy things- get into the
"hunting" mode right away, quickly jump into a relationship and even
become pregnant- they go for everything in order to stay. You may say-
hmm, are you sure it's not what's happened in your case, dude? :) No,
it hasn't. I am medical resident, she is a successful dentist, and we
both are mature people and have had relationships in the past. But go
prove this to USCIS.

> So is she traveling or is she doing business, she can't be doing both.
>
[quoted text clipped - 30 lines]
> >
> > Thank you
Nilda - 27 Dec 2006 19:28 GMT
I used to do Business Trip with pleasure alot of times before... I am a Business woman and at the same time I travel and enjoying it too... so ofcourse you can do both... If they say they are inlove within 6 months who are we to questioned it... everything is possible in this world you know.

To you Mike and your future wife goodluck..
K - 27 Dec 2006 20:20 GMT
It is very possible to be in love within 6mths.  I personally met an
got engaged to my husband within a year an in the 1st year of knowing
each other our 1st daughter was born 3wks prior to us knowing each
other a year.  We are still very happily married and have another
daughter now.  Our daughters our 3 in April and just turned in 1 in Oct
and in May we have being together a total of 4yrs.  Who are we to judge
to say it isnt possible when every person is different from the next.
As for not being able to travel an do business at the same time IT IS
POSSIBLE.  My mother has a trip planned next year to do some business
stuff an then after done with the business stuff plans to come visit me
an her grandchildren.  So if she cant do both that is news to me.
Good luck with the whole process.  It will work out in the end but what
way it will work out is just a matter of time to wait an see.
> I used to do Business Trip with pleasure alot of times before... I am a Business woman and at the same time I travel and enjoying it too... so ofcourse you can do both... If they say they are inlove within 6 months who are we to questioned it... everything is possible in this world you know.
>
[quoted text clipped - 3 lines]
> posted via:
> http://www.visaforyou.org/eng/
costos@gmail.com - 28 Dec 2006 14:47 GMT
Everything is possible, and I never inclusively denied all possible
scenarios.  In the end, only time will tell.

> It is very possible to be in love within 6mths.  I personally met an
> got engaged to my husband within a year an in the 1st year of knowing
[quoted text clipped - 16 lines]
> > posted via:
> > http://www.visaforyou.org/eng/
costos@gmail.com - 28 Dec 2006 14:46 GMT
Right.  I'm glad you enjoyed the travel.  The law, however, stipulates
for you to be here on business if you're on B1.

> I used to do Business Trip with pleasure alot of times before... I am a Business woman and at the same time I travel and enjoying it too... so ofcourse you can do both... If they say they are inlove within 6 months who are we to questioned it... everything is possible in this world you know.
>
[quoted text clipped - 3 lines]
> posted via:
> http://www.visaforyou.org/eng/
Nilda - 29 Dec 2006 05:19 GMT
Well... as far as I know I am not breaking any law actually when I was here on business before I am giving The US a favor coz I am buying your product here and bring it home with me and I am paying taxes for it too.  

I just cant understand why some people here in this forum  seemed to judge people who for some reason wants only advice about "IMMIGRATION"....who are we to judge someone who we dont even know?  We were in their shoes before worried sick we will be granted or not the visa and be with our loveones.

Falling inlove is not something anyone could plan... It can happen to anyone... in one year, one month or even one day.

To Mike... I think you will get approval... theres thousand  of cases like yours... as long as she enters legally and you can prove the relationship and your (future) marriage... you're in.  Just dont let her leave the country unless you got the approval ...I heard that even if she have a 131 approval and she overstayed its not safe to travel too.

Goodluck and Congtratulations with the coming baby.

.
MikeSmith - 29 Dec 2006 19:48 GMT
Thank you, Nilda,

I can't stand judgmental people as well, especially when no one is
asking for their judgment.

I think the best proof of our relationship is that we have started a
family. And we will not need to prove our plans for future marriage, as
we we'll have gotten our marriage certificate by the time of I-130
filing.

I wonder if she goes back and gets another B visa (for a year this
time, hopefully) and then we file I-130 when she comes back to US, will
she be able to stay on B visa for 6 months, then leave the US in order
not overstay 6-month period and then return again, for another 6
months, awaiting for I-130 processing/approval in the mean time? Maybe
she could even go to Russia when her immigrant visa is ready to "pick
it up"?, this way avoiding filing for adjustment of status
application together with I-130 while on a B visa and saving ourselves
from major headache and attorney fees, plus from a big deal of
uncertainty in the final outcome?

Thank you again,

Mike

> Well... as far as I know I am not breaking any law actually when I was here on business before I am giving The US a favor coz I am buying your product here and bring it home with me and I am paying taxes for it too.
>
[quoted text clipped - 11 lines]
> posted via:
> http://www.visaforyou.org/eng/
ian-mstm - 27 Dec 2006 23:06 GMT
> Hello,
> I was wondering if you could help me with an advice/suggestion.
[quoted text clipped - 21 lines]
>
> Thank you

Sounds a bit like closing the barn door after the horse has bolted.

Perhaps you should have thought of this before you let your Johnson do
the thinking for you!

Ian
Nilda - 30 Dec 2006 03:56 GMT
If you will file the I-130 already I dont think she can still use her Visitors Visa though when you file the I-130 you can also file her a I-131...If she got approval for that she can travel and can come back here in the US.  

I got my approval less than 6 months... I live here in WA area and I have a friend who got approval in 2 months for his I-130 in California. Ofcourse each place is different depending on their back log.

We never used any lawyer I was the only one who filled up all the forms .. you just need to read it carefully and be honest.

I am willing to answer if you have any questions with the form.  

Goodluck..
 
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