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marriage with B2 visa holder

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  • marriage with B2 visa holder

    Hi everyone! Can anyone, please, help me out on my issue?

    My girlfriend, who I've been dating to for more than 5 years received a B1/B2 nonimmigrant visa to visit the USA. I am a US citizen, 25 years old, and I would like to marry to her in the USA.

    After the marriage in the USA, can I apply immediately the I-130, I-485, I-765, or should I wait a month or two?
    If the applications are still pending and in the meantime her I-94 becomes invalid and she is required to leave the country, how does she receive her documents and greencard abroad?

    Thank you for the help!

    Jay

  • #2
    She should not enter US with immigration intention. She can change her plan later.

    Visitor visa entrants marry in the U.S. and subsequently convert to GC status. While conversion paperwork (I-130 and I-485) are being processed, your wife (of a U.S. citizen) can remain in the U.S. in a protected status after her visa stay has expired.

    Aleternatively, You can apply K1 Fiancee visa for her.

    Please find more information on K1 visa at,
    This is not a legal advice. Use at your own risk.

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    • #3
      It makes no difference if you wait or not. Adjustment of Status for immediate relatives cannot be denied for immigrant intent alone.

      She can stay in the US as long as Adjustment of Status is pending, regardless of whether she has status or not. And in fact, she must stay, and not leave the US, until she gets Advance Parole or her green card, or she automatically abandons her Adjustment of Status.

      This is my personal opinion and is not to be construed as legal advice.

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      • #4
        Thanks senior members.

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