B1/B2 to K1? or..?

V

VigilantPost

New Member
Hi,

I've been seeing a girl from Bulgaria for the past couple years, and on a visit there last year, I asked her to marry me. Now, she's coming in the beginning of April on a B1/B2 visa, and we're fully intent on it being just a visit, as her sister in Bulgaria is due sometime late August or early September, and she really wants to see the new niece or nephew.

Anyways, we're planning on a return visit in October. We do want to get married, and both have proof that we've been in contact and good standing for the past two years (plane tickets, IM records, emails, etc.). But where the worry comes in is that while marriage is a state issue, and we know we can get married, even though she's on a B1/B2 visitor's visa, we don't know if she would be allowed to stay once her alloted time is up on that visa.

So my questions are, once we are married, will she be allowed to stay in the U.S., regardless of the visitor's visa? We've also researched some things on changing her status (for the life of me, I cannot recall what the change in status is called). What are the appropriate documents to fill out to ensure her legally staying in the U.S?
 
Using B1/B2 visa to enter US and getting married will cause problems in the future. I am assuming you are a US Citizen. If so, she should obtain the K-1 visa to enter and get married and then you can file for Adjustment of status.

Using the B1/B2 route will cause problems later during the green card for her.
 
Since she is your fiancee' and you both indent to marry each other, she needs to enter the US on a K-1 visa. Any other option may be seen as hiding true intent at the POE.

VigilantPost said:
I asked her to marry me. What are the appropriate documents to fill out to ensure her legally staying in the U.S?
Click to expand...
 
Ah, thank you for the quick replies.

So, with the whole K1 proccess. Once we've petitioned for it, and are hopefully granted this visa and marry, will she then have to petition for the green card and/or a permenant residency status?
 
Once she gets her K-1 visa, she enteres the US. You both need to marry within 90 days and submit her AOS petition. This is for her PR status. It should take 6-12 months. In the interim she get authorization to travel and work.

VigilantPost said:
Ah, thank you for the quick replies.

So, with the whole K1 proccess. Once we've petitioned for it, and are hopefully granted this visa and marry, will she then have to petition for the green card and/or a permenant residency status?
Click to expand...
 
Alright - I think I've got it. Petition for the K-1, marry and petition for her AOS within 90 days. So much for the days of love.

But, thank you, txh1b and especially Triple Citizen. I've been growing worried about this, and didn't want to make the wrong moves with the visas. I'm very grateful you've helped me sort that bit out. :)
 
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