direct consular processing vs AOS

[rain]

Hi everyone i hold a multi entry visit visa for the US and have visited before . Now i have a girlfriend who is a US citizen and we plan getting married soon . Please guide us as to which of the following will be a better option.
1) travelling to united states on my present visa i.e B1/B2 getting married there in US and applying for AOS while am there
2) to call my girlfriend to my country getting married here and get direct consular processing . My girlfriend is originally from my country (but is a USC) and has no problem whatsoever in staying with me in my coutry after we get married (however since she works in US it will be a bit of hastle to get Direct consular processing ).

Please guide which option is legally more sound and also quicker . can i travel to us and get evrything done there . In that case my girlfriends work will not be affected .All responses / experiences will be highly appreciated .

[rain]

Hi everyone i hold a multi entry visit visa for the US and have visited before . Now i have a girlfriend who is a US citizen and we plan getting married soon . Please guide us as to which of the following will be a better option.
1) travelling to united states on my present visa i.e B1/B2 getting married there in US and applying for AOS while am there
2) to call my girlfriend to my country getting married here and get direct consular processing . My girlfriend is originally from my country (but is a USC) and has no problem whatsoever in staying with me in my coutry after we get married (however since she works in US it will be a bit of hastle to get Direct consular processing ).

Please guide which option is legally more sound and also quicker . can i travel to us and get evrything done there . In that case my girlfriends work will not be affected .All responses / experiences will be highly appreciated .

Hi Rain,

1. enetering th US on non-immigrant B1/B2 visa with the intention to stay (immigrate) is not legal. It is called visa fraud.

1b. it is legal to enter on visitor visa, get married, return to home country and do DCF

2. Check the requirements for DCF in your country. In most countries, USC has to make only one apperance at the embassy, to file I-130. No need to stay for the extended period of time.

Have you considered K-1, fiance visa?

[rain]

hi aneri thnks for ur reply ...thats exactly what i wanted to know ..why should i get into the hastle of applying a K 1 WHEN i already hold a B1 B2 ..i know travelling on a non immigrant visa with intention of marriage is immigrant intent thats why the question ..any more suggestions are welcome .thanks

[rain]

no suggestions here ???????

[rain]

no good people like sammy here who can help ??

I know you want others to jump in... but it's me again.

First, your situation is simple and you still have a time to do everything the correct way and avoid possible future complications. Immagine the hastle after being refused the entry into the US on B1/B2 if the officer at POE learns about your plans.

Second, getting married, moving to other country and dealing with immigration always include some degree of hastle.. no way to avoid it.

By applying for K-1, you officialy let immigration know your intention. In addition, you will have some things done that you wan't have to deal with in the US (police report, medical...). Many people from visa waiver countries ( who don't even need a visa to enter the US) go this route, as it is the only legal way if you plan to enter the US, marry and stay here.

You are lucky to have the option of doing DCF. Many countries do not offer that service.

Good luck. I hope you hear from the others as well.

[annep]

Rain, Please disregard aneri's suggestion, 'cause I can tell you right away he/she has issues.

If you come here and get married to there should be absolutely no problem for you to travel in and out of the country as long as you do not overstay your visa.

INS do not have problems with people who bonafidely get married wherever they want to get married. Even if you did not have a visa, and want to get married to your boyfriend, he could consult a lawyer and explain this said situation to him, and he could apply for a spouses visa for you through ins.

[marmaduk]

If you follow annep's advice and just come in and get married, then I expect you'll have a nasty little surprise for you when its time to file for LPR....

USCIS has no problem with people coming here to get married as long as they follow the regulation. Thats what K visas are for. If people could just come in in a whim and get married, why on earth would USCIS spend the time and resources for it then?

Having said that, there're way to take advantage of the loophole and speed up the process. You musn't get married until 60 days has elapsed since your arrival date. Also, you must not by any mean, disclose this plan to the inspection officer at the POE. Of course, there's no guarantee that the USCIS won't just deny your AOS on the ground of false misrepresentation of intent when using your current visa to come to the US. Then you'll be in a world of hurt.

In short, if you want the most fool-proof/legally sound way to do this, follow aneri's sugestion and do K visa --> AOS. If you want one with the fastest result (but no guarantee) then come with your current visa, wait 60 days before get married then initiate AOS. I'll let you decide for yourself whether that's fraud or not.

[rain]

thanks aneri annep and marmaduk i completely understand now the pros and cons of both the possibilities . thank you all for ur advice .

[Pasha Patel]

Hi annep...

aneri has been a very helpful and thorough person in immigration matter... what u r telling could be possible but there is a risk involved...so STFU before putting someone down who has given a right and legal advice...

Rain ... ur best bet is to follow aneri's and marmaduk's advice...stay out of troubles and welcome to America...Good luck...Pasha

Rain,
Let's not forget: you can also do the DCF ( or DC processing). In most cases that's the quickest way (depends on the country of your current residence). And you will be done with the immigration for a while ( 2 years, when you have to file the petition to remove conditions on your green card). Adjusting status within the US (either from K1 or B1/B2) can take some time.

Not my thread, but thanks everybody for your input and kind words.

Annep, from what I've heard and learned, I have to dissagree with the following: "If you come here and get married to there should be absolutely no problem for you to travel in and out of the country as long as you do not overstay your visa." I assume you are talking about B1/B2 visa.
Once an alien is enggaged or married to the USC (who is living in the US), he/she is regarded as likely immigrant, and USCIS will require the alien to have appropriate visa (K1, K3, CR1, IR1...not B1/B2).
When an alien applies for adjustment of status (AOS), he/she will need document called Advance Parole to be able to re-enter the US.