B-Visa for (Also Business) Visitors

One of the requirements for immigrating a foreigner to the U.S. is that the couple must have met in person within the past two years. It is common for those who have been dating online to want the foreigner to visit the U.S. rather than meet outside the U.S.

Often, the thinking is that if the foreigner can simply enter the U.S. with a B Visa for Visitors, then he or she can stay in the U.S., marry and somehow become legal.

Foreigners from the more wealthy countries have free access to the U.S. as visitors under the Visa Waiver Program (ESTA form). Canadians can drive across into the U.S. freely to visit. Why not simply drive across, get married, stay in the U.S. and apply for a green card?

Always Use the Proper Type of Visa!

Each visa (or visa waiver) has a specific purpose. The B Visa for visitors is allowed only for visiting. This means there must be an end to the visit. In order to qualify for a visitor’s visa to the U.S., the foreigner must essentially prove that life overseas is better than it would be in the U.S. The U.S. wants foreigner visitors who are wealthy and will spend money on our U.S. economy. It is especially important that the visitor must return home after the visit has ended. If there is a risk of overstay, then a consulate officer will not in all likelihood issue a B visa for visitors.

Dating a U.S. citizen is not a good reason for visiting the U.S. in most cases due to the risk of overstay.

Allan Scott Lolly

managing attorney

Some foreigners will likely qualify for a B visitor visa. If the foreigner is independently wealthy or comes from a prominent family, then the U.S. may grant the visa. It would be important to show strong economic ties to the home country and the desire to spend money on our economy. Naturally, if the foreigner is coming to the U.S. to gamble in Las Vegas, drives a sports car and owns a condominium or house back home, then the chances of obtaining a visitor visa rise substantially. If the foreigner is more normal like the rest of us, then there really is no point in applying for a visitor B visa to the U.S.

What is most important when applying for any visa, is that the foreigner must always tell the truth. Any visa denial will only hurt your chances of immigrating her to the U.S. on a fiancee visa or spousal visa.

Call for Assistance — If immigrating your foreign fiance(e) or spouse to the U.S., call us before proceeding as a B-Visa for visitors may not be suitable to your circumstances!

Be careful about using foreign agents for your U.S. immigration matters. There is no advantage in working with an agent. In fact, there is a danger that a foreign agent who is unlicensed and unregulated will either take her money and not perform, or file fake paperwork and obtain a visitor visa based on false pretenses.

If that happens, you should not marry the foreigner. All foreigners will later claim they did not know what was submitted on their behalf. Immigration officers are not impressed. The foreigner is responsible for knowing what is filed. The B visa would be deemed a fraud. All future visa or green card applications would be cancelled and your loved one would eventually be deported from the U.S. based on fraud.

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    To date, the immigration law firm of Allan S. Lolly & Assoc. P.C. has successfully obtained well over 15,000 K1 fiance visas, CR marriage visas, green cards, immigration bar waivers, VAWA benefits, Asylum benefits, and other family and employment visas.

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