Plant City, FL asked in Immigration Law for Florida

Q: My girl friend lives in the Ukraine and is traveling here on a B-1 tourist visa . Can we get married and her stay

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4 Lawyer Answers
Kevin L Dixler
Kevin L Dixler
Answered
  • Immigration Law Lawyer
  • Chicago, IL

A: More information is needed, but a person cannot use a B-2 non-immigrant tourist visa with immigrant intent. A B-1 non-immigrant visa is for temporary business reasons. Your desire to marry your girlfriend, aside, I strongly recommend an appointment or teleconference with a competent and experienced immigration and visa attorney before you propose marriage to her.

Otherwise, if she has immigrant intent for the purpose of her visit, then her B visa can be cancelled and she can be returned to Ukraine at a minimum.

The above is general information, not legal advice, and does not create an attorney client relationship.

Stephen Arnold Black
Stephen Arnold Black
Answered
  • Immigration Law Lawyer
  • Orlando, FL
  • Licensed in Florida

A: This is a very common situation. The answer is it depends on the unique facts of your case. Call counsel to discuss and explore your situation.

Stephen Arnold Black
Stephen Arnold Black
Answered
  • Immigration Law Lawyer
  • Orlando, FL
  • Licensed in Florida

A: It depends on the unique facts of her intention when entering the US, a question that will be asked at your marriage interview with the USCIS officer. Discuss the facts of your case with counsel.

Stephen Arnold Black
Stephen Arnold Black
Answered
  • Immigration Law Lawyer
  • Orlando, FL
  • Licensed in Florida

A: Alot of people take this route thinking they can avoid the K visa route that eats up 1 year until the fiance can enter the US. Technically, she would be committing immigration fraud if she has the intent to live her permanently when entering on a tourist visa. Immigration officers see this quite a bit so be prepared for some very tough questions at your marriage interview. If I were you I would speak with counsel who can guide you through the process safely and competently that will avoid pitfalls delays and/or outright denial. Call to discuss.

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