Getting Married

G

graywolf

New Member
Hi

I am getting mixed results from many people on the following.
Maybe you could help me here.

I came here on a B1 visa and meet someone 4 months ago.
I now have 1 month left before having to leave becuase of the date on the
I-94 form.
Now if we get married say now can I stay past the due date of the I-94
naturally what forms need to be filled in.
I am told both things Yes I can stay and while the paper work is being
complete even past the I-94 date and being told the other that I must leave
and wait in my country or other place.

So I am told I marry now within 4 weeks get the marrage cert goto the right department then I dont need to apply for a K3 visa I can apply for change of status and go from there. ...

Or leave after getting married then apply for a K3 outside of the USA.

Thank you any help on this would be wondefully.
 
graywolf said:
Hi

I am getting mixed results from many people on the following.
Maybe you could help me here.

I came here on a B1 visa and meet someone 4 months ago.
I now have 1 month left before having to leave becuase of the date on the
I-94 form.
Now if we get married say now can I stay past the due date of the I-94
naturally what forms need to be filled in.
I am told both things Yes I can stay and while the paper work is being
complete even past the I-94 date and being told the other that I must leave
and wait in my country or other place.

So I am told I marry now within 4 weeks get the marrage cert goto the right department then I dont need to apply for a K3 visa I can apply for change of status and go from there. ...

Or leave after getting married then apply for a K3 outside of the USA.

Thank you any help on this would be wondefully.
Click to expand...
You can either marry her here, if you are planning to marry a USC, then you can file here, even your 1-94 expires no problem, on the other hand you can leave then she file for you as fiancee then you will come with K3, but its better you marry now and file, you will get your EAD with three months depending on where you are filing.



*******Am not a lawyer, so its just a suggestion******
 
Better get married before I-94 expires. Thus you wont have any gap of illegal stay. Once you file I-485/I-130/I-765 you are legally in the USA as adjustee (under AOS) until your interview date for green card when it will be either approved or denied.
Documents: http://uscis.gov/graphics/howdoi/LPRApplication.htm and I-130, that must be filled in by your spouse. File concurrently.
However less than 180 days out of status is not questioned in general.
Good luck
 
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