Hi, Im a B2 visa holder and my I-94 will expire on July 14, i have a boyfriend which is a US citize

[trixxxy]

B2 Visa Holder marrying a US Citizen

Hi,

Im a B2 visa holder and my I-94 will expire on July 14, i have a boyfriend which is a US citizen were planning to get married but we are still waiting for his divorce decree. My questions are:

1. He resides here in California and as far as I know it will take 6 months before the decree will be released and by then my I-94 will expires, in adjustment of status shall I need to file a 601 waiver ( extreme hardship)?

2. Will I go back home while waiting for the divorce decree and he will just petition me for a fiancee visa or shall I risk overstaying? Im 2 months pregnant with him.

3. Shall we file his divorce to Las vegas for quicker result? We've talked with a paralegal and he told us that he can make it possible and can put there that my boyfriend resides there for at least 6 months. Will the divorce issue be brought up during the adjustment of status interview?

4. And in Adjustment of Status what forms should we file and how much it will cost?

Please help me. Im pregnant and im so stressed thinking what should I do. I don't want to go back home because I want to born and raise my child here in US with his/her father.

Thanks in Advance

Trixxxy

 

[Concerned4us]

You are committing adultery by having a relationship with a person who is still married; in addition you are pregnant. That reflects poorly in both of your characters and may impact his divorce.

Your overstay will be forgiven following your marriage to a US citizen but during the time you are illegally present, you are subject to detention (jail) and deportation which will impact your future immigration processing if a deportation order is in effect for you.

The safest thing for you long term is to return to you home country before the expiration date on your I94 and reenter with the proper visa status after your boyfriend's divorce is final and he is free to remarry.

 

[Triple Citizen]

A1: No waiver needed to remedy an overstay.
A2: You can pick either option right now.
A3: Yes, verification of termination of all previous marriages for both parties are a part of the I-485 adjudication.
A4: I-130/I-485 combo. Read up this portal. You will get all the information you need.

1. He resides here in California and as far as I know it will take 6 months before the decree will be released and by then my I-94 will expires, in adjustment of status shall I need to file a 601 waiver ( extreme hardship)?

2. Will I go back home while waiting for the divorce decree and he will just petition me for a fiancee visa or shall I risk overstaying? Im 2 months pregnant with him.

3. Shall we file his divorce to Las vegas for quicker result? We've talked with a paralegal and he told us that he can make it possible and can put there that my boyfriend resides there for at least 6 months. Will the divorce issue be brought up during the adjustment of status interview?

4. And in Adjustment of Status what forms should we file and how much it will cost?