I-130, I-485 filing question for a B2 visa holder marries to a us Citizen

[davidctc]

Hi there,

I am asking questions for friends. He (Josh) is a US citizen and she (Wei) is a visitor with tourist visa. They are going to marry next week.

Q1: Can they file I-130 and I-485 together?
I applied a GC for my wife couple years ago and got a lot of help from the site. At that time, I was told my wife had to hold F1 visa (not B1 or B2) to file both I-130 and I-485 together. But now I cannot find any instruction for that. Is the rule changed?

Q2: I saw non-immigration visa can file the petitions as well. Dose tourist visa fells in that category?

Q3: Wei's I-94 is getting expired in May. Should they be worry about overstay since they are going to file petitions before it gets expired?

Many thanks for those who can help, and if it is possible, please let us know if there is any rule in written we can gain more information about these questions.

 

[Noella]

Hey, lemme share my experience in answering your questions:

1) They can file I-130 & I-485 together, I am a B1-B2 and we sent my applications concurrently.

2) Non-immigrant visa amongst others includes the visitor visa too.

3) My I-94 expired in Aug 2010 but that did not pose any issues for me as initially my paperwork was with the USCIS much before that, as long as the applications are with the USCIS she will be fine.

As long as the wedding is in good faith and they can prove that along with the fact that she did not travel to the US on the visit visa with the sole intention of getting married, they should not face any trouble with the paperwork.

All the best to them

 

[Kwame A]

Noella is perfectly right ! B2 visa falls under non-immigrant hence the same rule applies to all. Marry in good faith and it should be a spare of the moment not the purpose for travelling to the USA, that intend kills the whole process. Usually its perfect to marry after four months of entry on B2 visa. Once you're married and you file your paper work ( i-130, i-485,i-765 and if possible i-131) which you can do concurrently, your status is waived based on the pending application. Do more research, read omnivorousely. Good Luck.

DO: Fairfax VA
ASC: Alexandria VA

03/28/2011 (Day ;00): Posted I-130,I-485,I-765 And I-131 with supporting docu.USPS priority mail
03/31/2011(Day; 03): Delivered at Chicago IL 60680 with USPS confirmation report. Waiting and Praying
04/06/2011(Day;09): Receipt 4 text messages NOA1 for all I-130,I-485,I-765 and I-131. Great feeling !!
04/07/2011(Day;10): Case status Cand trackable online.All 4 applications are at INITIAL REVIEW.
04/11/2011(Day;14): Hard copies of all NOA1 received in the mail.
0414/2011(Day;17): Appointment notice for biometrics received for 05/09/2011.
04/15/2011(Day;18): Successful walk-in biometrics done. Thank God.