B1/B2 Marrying a US Citizen - Very Tight Timeline

[Dev_27]

Hi All,

A quick background info:

My Divorce petition will be finalized this week, and we will wait for the signed and stamped copy to come in the mail, which usually takes anywhere from 2-4 weeks.
I am currently on Tourist Visa, and i wish to get married as soon as i receive the stamped copy of the divorce in the mail.
My visa on arrival is stamped until May 2nd, 2015. I have roughly 7 weeks from today before i am suppose to fly back to India ( i am an Indian Citizen).

Is it possible, provided that i receive the Divorce copy in 4 weeks from today, and get married in week 5, and file for the adjustment of status, Form I-130 (My fiancee will file), EAD, and advance parole (AP), in week 6 and not have to travel back to India?

My only fear is that it may be considered over stay if i do not travel back after filing all the paper work, and if i do travel back, i will surely not have an approved copy of AP with me at the time.

I am very confused as to what is the best option.

Also, this time when i traveled back to States, i was gives only 2 months of stay by immigration officer because i recently traveled very frequently for the court hearings for the divorce matter and stayed for the entire time i was allowed to stay. Therefore, if i travel back to India May 2nd, i was advised to not return to USA for at least 6 months to avoid any deportation or ban as they suspect i may be working here, which i do not.

Please advise if it is feasible for me to stay over legally after May 2nd, provided that i get married to US citizen (through naturalization) and file I-130, I-485, EAD, and AP all at once, and at least 1 week before May 2nd.

Thanks for your time and patience. Appreciate any advice.

 

[newacct]

Someone with a pending I-485 is authorized to stay as long as the I-485 is pending. It can be filed before or after May 2; it will make no difference as you are in the Immediate Relative category and you are not required to be in status at the time of filing I-485. You should not leave the U.S. until you get either the AP or green card, as you will automatically abandon your I-485.

Keep in mind that in some states, you need to be divorced for a certain amount of time (e.g. 6 months) before you can re-marry.

One issue about your case is that every time you enter on a B visa, you are supposed to not have any preconceived intent of filing I-485 during this trip to the U.S. Did you have such intent the last time you entered the U.S.? Or did you decide to immigrate only after entering? You were already in the middle of divorce; does that indicate you wanted to get married to this U.S. citizen? What did you tell the immigration officer when you entered? It seems like they already suspected something as they gave you a shorter duration of stay.