Formalities to go back to USA

2POSTS

6 years ago

Hello everyone,

I had obtained a 3 year multi entry visa b1 / b2 in the United States to participate in a competition after I returned in My country of origin as planned. After spending months in My country I decided to go back to the united states and spent a holiday next to my fiance who is a permanent resident. Immigration gave me 6 months of stay. after 3 months with my fiance we decided to get married. I spent my remaining 3 months with him. I returned to My country after spending 178 days in the United States with My spouse.I stayed
in my country 4months after i returned the immigration granted just 1months stay to stay with my spouse.i returned to My country of origin after just 3week of stay.I intend to return there 'here 1month. I would like to know once returned to the United States we can now launched our status adjustment process ?? Where will my case also be considered visa fraud ?? And this time I do not know if My stay will be granted because when I was there last month the immigration officer told me My visa is not valid to visit his spouse . if i say i would like to visit a member of my family will it work ?? Your opinions will be very useful !!

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Pescaraplace ViP

9130POSTS

6 years ago

Yes it will since your B1-B2 visa was not delivered to you to get married.
To get married, it should have been a K visa.

Now in order to get that situation resolved, you must set up an appointment with an immigration lawyer and be patient.

Good luck.

Bhavna Team

43495POSTS

6 years ago

Hello everyone,

Just to inform you that this topic has been moved to the USA - North Carolina forum.

All the best,
Bhavna

twostep Serial expat

466POSTS

6 years ago

B1/B2 is intended for tourism and limited business activities. Details please see travel.state.gov.

You cannot file Adjustment of Status as you left the US after getting married. The focus is on spontaneous which is gone.

Your option is spousal visa. Again travel.state.gov will walk you through from forms to fees. Yes, you can enter the US but be prepared for secondary and point of entry. Your B1/B2 requires no immigration intent while your in process petition is for immigration purposes.

twostep Serial expat

466POSTS

6 years ago

Pescaraplace wrote:
Yes it will since your B1-B2 visa was not delivered to you to get married.
To get married, it should have been a K visa.

Now in order to get that situation resolved, you must set up an appointment with an immigration lawyer and be patient.

Good luck.

There is no visa requirement to get married in the US. Why must OP involve an attorney?

Pescaraplace ViP

9130POSTS

6 years ago

twostep wrote:
Pescaraplace wrote:
Yes it will since your B1-B2 visa was not delivered to you to get married.
To get married, it should have been a K visa.

Now in order to get that situation resolved, you must set up an appointment with an immigration lawyer and be patient.

Good luck.

There is no visa requirement to get married in the US. Why must OP involve an attorney?

It is going to be much easier if you can get assisted by a lawyer. Although you can try on your own but keep in mind that it is going to be a long and difficult process.

twostep Serial expat

466POSTS

6 years ago

Pescaraplace wrote:
twostep wrote:
Pescaraplace wrote:
Yes it will since your B1-B2 visa was not delivered to you to get married.
To get married, it should have been a K visa.

Now in order to get that situation resolved, you must set up an appointment with an immigration lawyer and be patient.

Good luck.

There is no visa requirement to get married in the US. Why must OP involve an attorney?

It is going to be much easier if you can get assisted by a lawyer. Although you can try on your own but keep in mind that it is going to be a long and difficult process.

Unless there are skeletons in the closet which require waivers - an attorney cannot do anything a sponsor cannot do or speed up things.

Pescaraplace ViP

9130POSTS

6 years ago

twostep wrote:
Pescaraplace wrote:
twostep wrote:

There is no visa requirement to get married in the US. Why must OP involve an attorney?

It is going to be much easier if you can get assisted by a lawyer. Although you can try on your own but keep in mind that it is going to be a long and difficult process.

Unless there are skeletons in the closet which require waivers - an attorney cannot do anything a sponsor cannot do or speed up things.

Yes you're right, however the good thing about having an attorney is that some bad mistakes should be avoided.... as long as the attorney knows how to do his job.