Is It Possible to Get Married to a US Green Card Holder During a B1/B2 Visa Visit?
Yes, it is indeed possible for a US B1/B2 visa holder to get married to a US green card holder during their visit. However, there are certain requirements and considerations that one must keep in mind to avoid complications.
Marriage on a B1/B2 Visa
As long as your marriage is genuine and not primarily for the purpose of obtaining a green card, the US immigration authorities are generally lenient. In fact, there is no specific requirement to apply for a waiver or advance parole to travel outside the US while your green card (GC) application is pending.
Waiver and Advance Parole
However, if you need to travel outside the US while your GC application is being processed, you will need to apply for advance parole. This process ensures that when you leave the country, you can re-enter the US and continue with your green card application.
Will They Consider It Fraud?
It is highly unlikely that your marriage will be treated as fraud by the US immigration authorities, provided that your intention is genuine. While it may raise some suspicion, the US immigration system places a high value on the accuracy of information provided, which generally includes the nature of the relationship.
Non-Immigrant Intent
Your B1/B2 visa is a non-immigrant visa, which means that you are expected to return to your home country after your visit. Marrying a US green card holder can be seen as a violation of this non-immigrant status because your intent might now be to settle in the US permanently. This is an important consideration, especially if your marriage occurs after obtaining the B1/B2 visa.
Future Travel and Visa Implications
Even if you do marry a US green card holder, your current B1/B2 visa remains valid for travel purposes, as it serves as an entry permit. Employers in the US are not allowed to employ you under the terms of a B1/B2 visa, but this does not affect your ability to travel. Your marriage will not affect the validity of your visa as a travel document.
Strategic Planning
Consider that, after getting married, you may be eligible for better options such as the Spouse of a LPR (Legal Permanent Resident) visa (IR1 or CR1). However, you can still travel on your current B1/B2 visa post-marriage, as it allows you to re-enter the US.
Conclusion
In summary, while it is possible to get married to a US green card holder during a B1/B2 visa visit, you must ensure that your marriage is genuine and that you understand the implications of your visa status. Always consult with a legal expert to ensure that you are fully aware of all the risks and benefits associated with your situation.