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Im a Chinese national. My fiance is a US citizen but is currently

 
Guillermo J. Senmartin, Esq.'s Avatar
  • Answered by:Guillermo J. Senmartin, Esq.
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Customer Question

I'm a Chinese national. My fiance is a US citizen but is currently residing in China. I already have a multiply entry B1/B2 visa to the United States for a business trip. I'm planning on having my wedding in the United States. The B1/B2 visa I have for the business trip will still be valid at the time of the wedding. We are only going to have the wedding ceremony in the US. We will not be staying in the US after the ceremony and will return to China.

My question is, do I need to apply for a new visa or can I return to the United States using my current B1/B2 visa. If I do need to reapply, do I need to apply for a B2, K1 or some other visa?

 

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State/Country relating to question: California

Submitted: 236 days and 18 hours ago.
Category: Immigration Law
Value: $39
Status: CLOSED

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Expert:  Guillermo J. Senmartin, Esq. replied 236 days and 18 hours ago.

Hello. You can use the B-2 but avoid any mention of the wedding. Don't lie, but don't bring it up either. After you marry and leave the U.S., you may have problems visiting the U.S. in the future on the B-2 because if they are aware of your marriage, they will assume you will just want to enter the U.S. to get Residency because you do not want to be outside of the U.S. to wait the 6 to 9 months of time it takes to get a K-3 spouse visa. In the future if you want to get Residency, then yes, you would need to do a K-3 spouse visa or a CR-1 visa:

 

1) The K-3 spouse visa takes 6 to 9 months, you must be married. The I-129F will cost $340 plus $420 for the I-130, and $350 for the visa processing fee. Then after you enter the U.S., you must still file the I-485 for $1070 and wait for the marriage interview about 5 to 7 months later.

 

2) The CR-1 visa (or IR-1 if your marriage is more than 2 years old) takes about 1 year or so. You must be married. The fees are $420 for the I-130, $330 for the visa processing fee, $88 for an Affidavit of Support fee. But once you enter the U.S., you enter as a Resident and you do not have to file (or pay for) an I-485 nor do you have to attend an additional interview. You just get your green card in the mail a few weeks later.

 

So the K-3 is faster but generally more expensive. The CR-1 (and IR-1) are slower, but generally cheaper. And no, there is no middle-visa that you can use to enter the U.S. while that process is pending. You will most likely have to wait outside.


Here is a link to all three:


http://travel.state.gov/visa/immigrants/types/types_1315.html


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Expert TypeImmigration Lawyer
Category: Immigration Law
Pos. Feedback: 99.0 %
Accepts: 27304
Answered: 9/19/2012

Experience: 10+ years of experience in various aspects of U.S. Immigration Law.

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