GC holder marrying B1/B2 spouse

umart

New Member
Hi all, I am a US permanent resident since 2003 and have been visiting US every year from 2003 til 2009 to keep my green card active. I stayed in US for a year in 2009 and then I went back to my home country. I returned in April 2011 and I have maintained a continued residence since then. I am looking to marry a B1/B2 visa holder. She got her 5 year multiple entry B1/B2 visa in August 2011 for her exams and have visited US twice in November 2011(4 months stay) and May 2012(5 months stay); she got 6 months entry on her I-94 both times. She plans to come again to US in early 2013. I have few questions:

1. Does it hurt if she visits USA on non-immigrant B1/B2 visa next year and marries me (immigration intent)? Or we should get married in our home country and then file for immigration.

2. Once I marry her and file for her immigration using I-130, can she keep on visiting US on her B1/B2 visa till her I-130 gets approved and we can file for change of status (1-485) after approval of I-130? Or she cannot come back to USA using non-immigrant B1/B2 visa if she marries me (immigration intent).

3. Any idea when can I apply for naturalization, hoping it can help the immigration?

Any help would be really appreciated. Thanks.
 
A1: Nothing wrong with getting married while in the US on B-2 status. One just cannot stay back.
A2: She can attempt to enter the US as a visitor after the I-130 has been submitted, but be prepared to be denied entry.
A3: 4 years and 1 day after you re-established residency in the US.

1. Does it hurt if she visits USA on non-immigrant B1/B2 visa next year and marries me (immigration intent)? Or we should get married in our home country and then file for immigration.

2. Once I marry her and file for her immigration using I-130, can she keep on visiting US on her B1/B2 visa till her I-130 gets approved and we can file for change of status (1-485) after approval of I-130? Or she cannot come back to USA using non-immigrant B1/B2 visa if she marries me (immigration intent).

3. Any idea when can I apply for naturalization, hoping it can help the immigration?
 
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