What if my fiancé is visiting me in US on B2 visa and while he is here our pending K1 visa also gets approved. Is he ok to stay and get married to me. Or does he have to return to his home country then come back again?

If your fiancé is visiting you in the US on a B2 visa and your K1 visa gets approved while he's there, the situation can be a bit complex, but here's what likely happens:

Stay and get married:

• Generally, your fiancé can stay in the US and get married even though they are on a B2 visa. The intent of a B2 visa is for temporary visits for tourism or business, but it does not explicitly prohibit getting married.
• However, a CBP officer at the port of entry may question your fiancé's intent. They might suspect the B2 visa was used as a way to circumvent the K1 visa process. To avoid this, be prepared to provide evidence of your genuine relationship, such as photos, emails, travel records, and proof of cohabitation plans.
• After getting married, your fiancé will need to apply for adjustment of status to a marriage-based green card within the 90 days of the K1 visa validity period.

Return and re-enter:

• Some couples choose for the fiancé to return to their home country and re-enter on the K1 visa. This can be a safer option if you're concerned about potential issues at the port of entry.
• However, it's important to note that re-entering with the K1 visa after a stay on a B2 visa might raise further scrutiny. Be prepared to provide the same evidence of a genuine relationship as mentioned above.

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