B1/B2 visa then getting married to US Citizen - how long does it take

K

Kaws

New Member
Hi,

I entered the US on a B1/B2 visa for a year to volunteer for a non-profit organisation. Whilst volunteering for the organisation I met my boyfriend who is a US citizen and was also volunteering for the same organisation. We have been together for 6 months now, and my visa is up in 5 months. We are thinking about getting married. We hadn't met each other before I came to the US. I still rent a house back in the UK and have some ties to England. I am living off some of my own savings at the moment. He is a bit older than me (+12 years) but I don't think we are an 'odd couple'.
If we get married in the US and then we apply for a Green Card how long will it take to go through? How long will it take until I can work? Will I be able to stay in the US with him after my B1 Visa expires in April 2015? Is this legal?
 
Yes, after you get married, you can do Adjustment of Status. You guys would file I-130 and I-485 concurrently. Once you file I-485, you are authorized to stay in the U.S. while it is pending, regardless of your status. How long it takes is hard to say, but usually around 6 months. When you file I-485, you can also at the same time file I-765 for employment authorization and I-131 for Advance Parole; these allow you to work and re-enter the U.S., respectively, while your I-485 is pending. You should get them in 3 months. They are free to apply for so there is nothing to lose.
 
Ok, so once we have done that what happens? How much money does it take? Is it reasonable to expect a green card within 6 months? Do I need to use a Lawyer?
 
Kaws said:
Ok, so once we have done that what happens? How much money does it take? Is it reasonable to expect a green card within 6 months? Do I need to use a Lawyer?
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You don't need a lawyer unless you really want to. It's hard to say how long Adjustment of Status takes, but 3-6 months is normal for spouse cases, although you shouldn't depend on it. The I-130 and I-485 forms is $1490 total (I-130 is $420 and I-485 is $1070), but you also need to pay a civil surgeon to do the medical (and how much that costs depends on the particular civil surgeon, and the lab tests they need you to do).
 
My partner seems to think we can ask for a wavier of some or all of the fees. Is this correct?

How do I know if I am eligible for the I-765 for employment authorisation and I-131 for Advance Parole and I don't think they are free, it says there a fees for this forms on the immigration website.
 
Kaws said:
My partner seems to think we can ask for a wavier of some or all of the fees. Is this correct?

How do I know if I am eligible for the I-765 for employment authorisation and I-131 for Advance Parole and I don't think they are free, it says there a fees for this forms on the immigration website.
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http://www.uscis.gov/i-485
Please note that, if you file Form I-485 to adjust your status as a permanent resident on or after July 30, 2007, no additional fee is required to also file an application for employment authorization on Form I-765 and/or advance parole on Form I-131.
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Not sure about the waivers.

Kaws said:
What is this medical you mention as well? Do we both need it?
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Only the immigrant needs to do the medical. It's mentioned in the I-485 instructions. You need to give an I-693 form to the civil surgeon and they will return a sealed envelope to you, which you include with the application.
 
My US citizen husband doesnt really have very much money - will this be a problem when filing the I-864 - provided he can pay the fees is it ok? Or do I need to prove he can support us?
 
Kaws said:
My US citizen husband doesnt really have very much money - will this be a problem when filing the I-864 - provided he can pay the fees is it ok? Or do I need to prove he can support us?
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Well, it's his income that counts. You can look at http://www.uscis.gov/i-864p and look at what income is needed for a household size of 2. If his income is not enough, he needs to get a joint sponsor.
 
And, once you file AOS, the remaining time you were given on your B1/B2 visa will be irrelevant, so the processing time shouldn't be a worry.
 
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