Help! Marriage while B-2 Visa Still Pending

[jcp267]

Please Help!

My GF (soon to be wife, I hope) came to the US from Denmark in 2013 as an au pair on a J-1 program. She extended it for an additional year and her J-1 program ended in March of 2015. We got very close and she decided to stay longer so she applied for a B-2 visa Months before her J-1 Program ended. It is now July and her B-2 Visa is still pending. She is apparently able to stay so long as her B-2 Visa is pending, however we've decided that we want to get married (I am a US citizen by the way). This appears to complicate things and I am looking for some guidence.

Can we get married if she has a pending B-2 Visa, but an expired J-1 Visa? If she cancels the B-2 Visa or if it gets denied, will she have to leave immediately? If so, how long does she have to leave the country? Would canceling the B-2 visa be unnecessary? Even if we get married, will she have to leave the country at some point? She also does not have a 2 year home residency requirement if that makes a difference.

We are very much in love and would like to get married, but we are not sure what to expect! Any information or adice would be greatly appreciated!!! Thanks!

-jcp267

[Bastad]

Please Help!

My GF (soon to be wife, I hope) came to the US from Denmark in 2013 as an au pair on a J-1 program. She extended it for an additional year and her J-1 program ended in March of 2015. We got very close and she decided to stay longer so she applied for a B-2 visa Months before her J-1 Program ended. It is now July and her B-2 Visa is still pending. She is apparently able to stay so long as her B-2 Visa is pending, however we've decided that we want to get married (I am a US citizen by the way). This appears to complicate things and I am looking for some guidence.

Can we get married if she has a pending B-2 Visa, but an expired J-1 Visa? If she cancels the B-2 Visa or if it gets denied, will she have to leave immediately? If so, how long does she have to leave the country? Would canceling the B-2 visa be unnecessary? Even if we get married, will she have to leave the country at some point? She also does not have a 2 year home residency requirement if that makes a difference.

We are very much in love and would like to get married, but we are not sure what to expect! Any information or adice would be greatly appreciated!!! Thanks!

-jcp267

The truth is that it doesn't really matter if her B2 visa is granted or not, IF YOU MARRY HER. Even if the B2 visa is NOT granted (and she accrued unlawful presence time in the US). Go to the USCIS web site and look for "Provisional Unlawful Presence Waivers"

Of course, once married you will apply for a green card for her - the consular officer will by default believe it's a scam (she paid you for you to marry her to get a greencard). So you better have your story straight: you will need to convince the consular officer this is a bona fide marriage. You will need pictures (going back months, preferably years) of both of you together (taking trips, doing stuff together), proof you have a relationship (shared bank accounts, shared lease, etc).

As long as you can convince the consular officer, again, that yours is a bona fide marriage - check what I told you before, you both will be good to go. But you should marry her ASAP - otherwise, all bets are off.