Visitor visa wanting to marry U.S citizen

[trtoph]

Hello Immihelp,

I read your posting wherein you advised that it is possible that a visitor visa
B2 can marry a US citizen while in the US. I would like to see whether you think my aunt's situation is appropriate:

I sponsored my Aunt from Vietnam on a visitor visa for pleasure. She has stayed here for 5 months and due to leave 11/16/08. I recently filed an extension for her for another 6 months which is pending.

While she was in the States, she met someone and he would like to marry her. My question is:

1. Does she have to leave the States and then file a K1 fiancee application?

2. Can she stay in the States and get married and file an application to change status? If so, what are the necessary paperwork and procedures i.e. get married, then file application?

What do you suggest?

Any information would be greatly appreciated, thanks so much.

[PraetorianXI]

1.- She does not HAVE to, but it is the best way.
2.- She could get married and then file I-130 + I-485 and the rest of their required forms.

Marrying on a visitor visa is not the best idea, it is a lot more expensive and it makes things harder back home for others to get visas because of overstays and abuse... exactly what would be the nature of this extension you plan on filing?

[trtoph]

Thanks for the advice.

I filed an extension for her because I recently got engaged and having my engagement and wedding within 6 months. I would like her to stay to attend my wedding.

Let me also ask you, why would it be more expensive if my aunt stayed and got married in the States? I figured it would be more expensive if she went back home, buy another ticket to fly back to the US, no?

I'm just thinking what's more convenient. Personally, I think she should go back to her homeland and then do the paper work because I sponsored her and vouched that she would return. I don't know.

[PraetorianXI]

costs here are close to $2000 for an Adjustment of Status including fees, medical exams, postage, taking time off work for interviews, etc.

Truth is, it is always best to "do the right thing" and file for a K1 visa and apply back at home.

But if she did not plan on this, then there is not a law against doing AOS on a B2 visa...

The extension though, is probably the worse idea.

[trtoph]

I hear ya. Thanks.