B2 Marrying USC - Extend first or AOS?

B

BornintheRSA

Registered Users (C)
I came to the US on a B2 visa.
My i-94 is dated 6 Nov 08.

My fiance is a USC.
We do not want to rush into marriage.

Preferably, we would like to get married in March 09.

I am not sure which options to take. Please could you advise?

Options:

1) Overstay visa, get married in March and apply for AOS, EAD etc.

2) Apply for visa extension, get married in March and apply for AOS, EAD etc.

3) Get married in court now, apply for AOS, EAD etc., have reception in March for family and friends so that we have photos for evidence when called to interview


Of course, there are concerns with each option:


1) From all the research I have done it seems that overstaying is usually forgiven if you marry a USC?? I don't know if I want to take a chance.

2) If I apply for an extension and then get married it would seem obvious that I intended to immigrate. But once again my research tells me that this will be forgiven as long as the marriage is ligit.

3) I don't really see anything majorly wrong with this option as long as the marriage is ligit??

Going home first is not an option :p

I'm running out of time........ :eek:
 
BornintheRSA said:
3) Get married in court now, apply for AOS, EAD etc., have reception in March for family and friends so that we have photos for evidence when called to interview

........ :eek:
Click to expand...

this is the best option.. I did the same thing, when you know you will get married eventually then why wait and put your immigration status in jepordy.. i know you are forgiven for illegal stay if you marry USC,, but man aything can happen in the future...say you stay illegally and she changes her mind or whatever.. so personally I would go for this option..
 
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