Question about getting married on b2 visitor visa to USA citizen

[johnjones01]

Hi,

I'm sorry if this doesn't belong here, but I wasn't sure where else to put it. I'm a US citizen. I went to Asia for vacation 10 months ago and became friends with a female tour guide I paid to show me around and help with the local language, etc. I was still in a relationship at the time, so it was friends only. When I left, I told her if she ever came to the US, I'd return the favor and show her around. A few months ago, she did. My gf and I broke up a couple months before she came (she cheated on me, unrelated event), and we ended up falling in love and she stayed in the US so we can get to know each other more.

She's been here for about 3.5 months. Her visa stay allows for 6 months. I would like to propose to her, and if she agrees, get married so she can stay. Does this sound like a valid case for adjustment or status from her existing b2 visa? I would prefer to save the hassle, and expense, of both of us having to go back to Asia to file for a K1 if it's not needed. Assuming she even accepts my proposal anyway.

Also, what happens if AOS is denied? Could we still go back to Asia and file for the K1 after an AOS denial?

Thanks so much in advance.

[daggit]

As long as you're able to prove her change of mind occurred after arrival in the US, she should be okay to marry and AOS. (Remember, pre-conceived intent to immigrate to the US on a B2 can be construed as visa fraud).

Once married, there is no K1, which is only for a fiance. In the off chance AOS is denied (unlikely), you can petition her for a CR-1 spousal visa while she returns home and awaits Consular Processing.