Filling for Adjustment of Status after entering on B visa

R

Reza-EB2 NIW

Registered Users (C)
Gentlemen,
Currently I have an I-485 pending application for more than 7 months. My fiance will travel to US on B visa in Oct which is valid for only 2months. Can I get married with her as soon as she comes over and file for her I-485 application? Does she need to get a Social Security Number or anything like that before filling for her adjustment of status? Please let me know about the pros and cons of this plan. My intention is to get advance parole so she can go back and forth easily.

Please share with me your experience and thoughts...

Thanks
REZA EB2-NIW

I-140 NIW and EB1-EA: AP Jan 2007.
I-485: Pending since Jan 2007
I-131 and I-765 AP in Feb 2007.
 
If you both marry before your I-485 is approved, she will also be eligible for a GC. She does not need to be in the US for that. She can use FTJ (follow to join) for that purpose.
 
Thanks Ghori,
If she files for FTJ then she can not get Advance Parole while she is outside of US, can she? Also FTJ process may take a year or so, can she apply for B visa while she has pending application for green card?
Please let me know more about this,

Thanks
Reza
 
Advance parole is for AOS applicants inside the US only. She can apply for a B-2 visa hwile her GC is going through consular processing, but I seriously doubt she will get her B-2 visa.
 
Thanks Ghori. So let me get this straight. Do you suggest that my fiance enter the US in B2 visa and then we get married before the I-485 approval, and then I file I-485 application and Advance Parole for her?
If so, does she need to have SSN?

Thanks
Reza
 
Reza-EB2 NIW said:
Thanks Ghori. So let me get this straight. Do you suggest that my fiance enter the US in B2 visa and then we get married before the I-485 approval, and then I file I-485 application and Advance Parole for her?
If so, does she need to have SSN?

Thanks
Reza
Click to expand...

30-60-90 rule

Suppose someone enters on a Non-Immigrant visa and after "x" days applies for AOS either through marriage, or any other family sponsorship.

If x < 30 = USCIS will accuse the applicant of committing fraud/misrepresentation and the burden of proof lies on the applicant
If 30 < x < 60 = USCIS may accuse the applicant of committing fraud/misrepresentation and the burden of proof lies with the applicant
If 60 < x < 90 = USCIS may accuse the applicant of committing fraud/misrepresentation but the burden of proof will lie with USCIS
If x > 90 = USCIS will most likely not accuse the applicant of committing fraud/misrepresentation

Credits to Triple Citizen
 
Praetorian, it is interesting information. So you mean I have to wait 90 days after she comes to U.S.? Thats too bad because her visa is valid for only 2months...

Can you please send me the link for this information? I need to learn more about it.
Thanks...
 
I did a little search and found that 30-60-90 rule has been advised by several lawyers too. As an option, can I apply for her B1/B2 extension while she is here even though at POE she might receive the "No Extension" stamp?
I have another thought too. Currently I am on H1B status. Can I get married with her and file for her H4? Is there such a rule as 30-60-90 again?

Thanks
 
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