B2 Visa Holder.... And Future

Fuhberry

Registered Users (C)
So I met a person who are on a B2 Visa currently with a Valid I94, I don`t think there was any intent for that person to ever conceive the idea of getting married with someone from US.

I am a Green Card holder for the last 3 years. What are my Options if i get married to this person with a B2 Visa Holder... Can i file her as my dependant? Can she file for AOS ? Also If i married her now and I file for her GC as my spouse, while awaiting her AOA is she considered an Illegal since the time it takes she might potentially overstay ?

I don`t want any quick fix but an Ideal Solution... Can someone shed some light or point me in a direction?
 
Nothing is stopping you both from getting married. However, the only thing right now that you can do is file an I-130 for her. Since you are a GC holder only and not a USC, AOS has to wait. Once her I-94 expires, she will be considered an overstayer. Deportable if caught. The right way to approach this would be for her to leave before her I-94 expires and wait outside the US for you to get your citizenship and then she can pursue her GC via the consular processing route.


Can i file her as my dependant? Can she file for AOS ? Also If i married her now and I file for her GC as my spouse, while awaiting her AOA is she considered an Illegal since the time it takes she might potentially overstay ?
 
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