₦airaland Forum

LagosNIV:
If your husband has a valid B1/B2 visa he can use it to travel and visit you. A petition is not abandoned until you fail to respond to USCIS after they have made efforts to contact you for over a year. Your husband should be in Nigeria while the petition is being processed, so this does not constitute abandonment.

Thank you ma. I want to ask, during the course of the on going petition, and if his b1b2 expires, will he be qualified for a drop box renewal despite the ongoing immigrant petition .

Please my consular, can my husband -to-be still maintain his b1b2 visa visiting me here in the US while his petition for immigrant visa is still pending ? After our marriage here, he will return back to Nigeria while I file for him, but his b1b2 visa will still be valid, can he still be using the visit visa to visit me here while his petition is pending ? Will he not have issues at the poe each time he wants to visit me here ?
Secondly, if his b1b2 finally expires, will he be qualified and able to renew his b1b2 visa while the petition is still pending ?
Lastly , can u tell me about what an abandoned petition is ? I read it that its possible for my petition to be abandoned if my husband returns back to Nigeria . is this true ?

Thank u very much

LagosNIV:
If you are already married you would be applying for an IR-1/CR-1 visa for alien spouse, and yes, that is the proper way to do this. Or you can travel to Nigeria and marry there, but you would still required a IR-1/CR-1. Or, you file for a K-1 prior to your marriage and get married in the U.S. once it is approved.

You have to choose the option that works best for you and your partner. Just understand that travelling on a B1/B2 and adjusting status is not the proper use of the visa class and you would be knowingly abusing the system if he intended to stay.

OK thank you so much my consular
We will be married here in the US by December when he visits, and by January I will ask him to return back to Nigeria so as not to abuse his b1b2 visa while I file for him outrightly, but I just hope once I file for him, the petition will not be abandoned due to the fact that he returned back to Nigeria. I don't wish my husband -to-be gets stranded there in Nigeria after his return, and I will never go to Nigeria for any reason.

LagosNIV:
If your boyfriend is legally divorced, then you can legally get married. You have to ensure that this complies with your local laws and you meet all of those requirements. There is no guarantee that he would be granted a B1/B2 visa and it's impossible to tell what the timelines for marriage and the duration of his stay would look like.

Furthermore, entering on a B1/B2 visa and adjusting status is technically an abuse of the system. This could cause processing delays down the road when attempting to naturalize. Most people who are intending to get married and want to do it the proper way would submit a K-1 petition for alien fiancé.

Thank u very much.
He is legally divorced, and he has a valid b1b2 visa now which expires in 2016
Do u suggest he returns back to Nigeria after our marriage? Or he stays here while I file for adjustment of status for him?
My fear is if he returns back to Nigeria after our marriage, it might be hard for him to get a k1 visa or it could take a very long time before its approves
However,I also read it somewhere that if I file for him after our marriage and he returns back to Nigeria, that my petition will be abandoned, I read it somewhere that even if he falls out of status and I file for him after our marriage that all his sins will be forgiven
Pls clarify me on this . will he not have problem coming back to me here in the US if he returns back to Nigeria after our marriage ? I'm afraid I don't want to loose him.
Pls help me on these

Thanks everyone. I saw this post which is similar to my case on this thread where a consular answered a poster.pls see below :[b]
Please I am presently in the US with a B1/B2 visa and I just proposed to my girlfriend who is US Citizen I would like to know if it's okay to get married here in the US or it's a must we wed in Nigeria. I have no intention of doing Adjustment Of Status while here for a vacation as I have a business back in Nigeria so a CR1/IR1 petition will give me more time to handle my business.
Can I get married in the States and return back to Nigeria while she files for me?

Second question, me and my fiancée not planning to have a child but instead have a plan to raise first daughter(3year old presently) of my blood brother whose parents are alive and of course agreed to allow us raise her. If my fiancee filing for me can she file for both of us or how to go about it.

Here is the consulars response:

You can get married in the U.S. and return to Nigeria. Then your wife will need to file the I-130 on your behalf.


Your wife would need to file a separate petition for any child you had. It does not sound like your niece wil qualify, though. She is not your future wife's stepchild nor her adopted child; at this point, she is not your adopted child. You see, a child is considered "your child" only if the child is your biological child or if she is legally adopted *and* meets the criteria to be defined as an orphan under U.S. immigration law. It does not sound like your niece will qualify for this definition, as her parents are alive and well.[/b][b][/b]

I have a question about this b1/b2 visa. I am a 33 yrs old US Citizen and my boyfriend of 1 year is from nigeria.he is 36yrs old and we met here in the US on one of his visits. He currently has a b1/b2 visa that is valid until 2016 and visit's me in Texas often. We would like to get married here in the US during his next visit in December, he will be here for 3 weeks and will return to nigeria in January 2016. I know that it is ok for us to marry in US with his passport as ID as long as he intends to return to nigeria and not stay in US.

My question is, he was once married before and he has 3 kids but he is divourced now.
Can I go ahead with the marriage ? And after our marriage here in the US, can he decide to stay here while I file for him or must he return back to Nigeria ? If he falls out of status after or wedding with his b1b2 visa, could he be in problem even though I already file his petition ?

slimmy05:
That's not true. Even if he falls out of status he doesn't need any lawyer. She can fill the waiver form. He should remain here in US. It shouldn't take more than 6-7months if things go right. The dudes visa is still valid and with what she wrote.

Who dey use lawyer sef file for that thing. Lawyer fees shouldn't exceed $1500 to $2000 even if they are lazy to take time and fill their forms.

Thanks everyone, slimmy05 et all, I appreciate u all. We have concluded to get married here in Indianapolis while he stays here with me and will do the necessary filings like u have all advised.
I do not wish he goes back to nigeria after our marriage because I don't wish to be left alone here
Thanks all and I wish u all good luck.

MsNas:
No. You can't be concerned about abandoned petition and also asked him to return home. None of them match up.

If you knew anything about this, you'll know that as soon as he files for AOS, his status is legal and pending Adjustment of Status. It doesn't matter how long he's been in the US, if he's legal or not or even if he entered the US on a B1/B2 visa. So far he was admitted legally at a point of entry the first time he made entry into the US, all sins are forgiven the moment he sends his papers to the USCIS.

So, no. There is no correlation between asking him to return to Nigeria and an abandoned petition when he hasn't even filed for AOS in the first place. Have a great morning

I really appreciate u a lot. Thanks for this education. I thank u so much. God will bless u abundantly.

slimmy05:
You can get married to him either in Nigeria or US, I'll recommend you guys get married in US, then he can leave to Nigeria or he can be in US there, then you can file for him.

OK thanks very much. So he can stay here with me in the US after our marriage. I will prefer he stays, and i can never go to nigeria to do the wedding. Nigeria is really stressful. So far he can stay with me here legally after our wedding, i think we are good to go. Thanks so much for your help

cozybunch:
Am a U.S citizen too. Being here too long to pass through all processes. Not here to go back and forth on something I know too well.

Good Luck

How do u mean ? I don't understand u pls

cozybunch:
It does not matter, they can marry in u.s. she just needs to go to the county municipal court and book the date and a judge will be appointed to wed them.

Good Luck

I am a US citizen, became a citizen through birth. My parents are citizens too, tho they are Nigerians as well from Ekiti State

I have a question about this b1/b2 visa. I am a 33 yrs old US Citizen and my boyfriend of 1 year is from nigeria.he is 36yrs old and we met here in the US on one of his visits. He currently has a b1/b2 visa that is valid until 2016 and visit's me in Texas often. We would like to get married here in the US during his next visit in December, he will be here for 3 weeks and will return to nigeria in January 2016. I know that it is ok for us to marry in US with his passport as ID as long as he intends to return to nigeria and not stay in US.

My question is, he was once married before and he has 3 kids but he is divourced now.
Can I go ahead with the marriage ? And after our marriage here in the US, can he decide to stay here while I file for him or must he return back to Nigeria ?

LadyGuinivere:
If he's LEGALLY Divorced and not merely seperated, then its legal for the marriage to happen. Mind u, if he isn't divorced, bigamy is a crime both in the the US and Nigeria.
He can only stay within the time frame he's stamped in for. One can file for an extention pending the regularization but I understand if the application for an Extention is refused, he has to leave the US immediately (@LagosNIV please correct me if I'm wrong on this point)

Yes thank u. He is legally divourced in Nigeria, in fact , it was his first wife that divorced him and I'm quite aware of this. Actually, his first wife got to know about his relationship with me, coupled with some other things, that made her divorced him.
However, we are determined to get married here in the US when he arrives, and I will file for him once we have our marriage certificate here, but I still want to ask if after our marriage, he has to go back to Nigeria, or can he stay with me here for the process of his adjustment of status ? He is really afraid of not to break the US immigration rules by staying with me after our marriage for me do the fillings for him, he insists on returning back to Nigeria, pls assist me. Can he stay with me even after his 6 months duration giving to him at the POE expires ? Thanks

I have a question about this b1/b2 visa. I am a 33 yrs old US Citizen and my boyfriend of 1 year is from nigeria.he is 36yrs old and we met here in the US on one of his visits. He currently has a b1/b2 visa that is valid until 2016 and visit's me in Texas often. We would like to get married here in the US during his next visit in December, he will be here for 3 weeks and will return to nigeria in January 2016. I know that it is ok for us to marry in US with his passport as ID as long as he intends to return to nigeria and not stay in US.

My question is, he was once married before and he has 3 kids but he is divourced now.
Can I go ahead with the marriage ? And after our marriage here in the US, can he decide to stay here while I file for him or must he return back to Nigeria ?