Change of status from b1/b2 to permanent resident thru marriage to a us citizen

C

cyber_junkie

New Member
Hello,

I am a US citizen, my fiance is a B1/B2 tourist visa holder. We dated for almost 2 years and have been enagaged for 6 months. She has renewed her I-94 several times in order to visit me. We want to get married here in the US, but are afraid that she may get in trouble for having entered the country with the intention of marrying me. Can we get married and file form I-130 and I-485 right after? Or, are we better off filing Form I-129F (Petition for Alien Fiancé)?

Thank you for your help and comments.
 
The basic answer generally, is yes. You may enter the US on a tourist visa, marry a US citizen then return home before your tourist visa expires. The time when you do run into trouble is when you enter the US on a tourist visa with the clear intention of marrying and staying in the US.

You might have heard stories about someone who got married in the US while on a tourist visa, didn't return home, and successfully adjusted his or her status to permanent resident.

But the chances of rejection is high. So better to go with K-1 visa.
 
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