In the process of N400, marry or not

H

hzhou11

New Member
I have submitted my N400 a couple of weeks ago. My fiance is visiting US on a B-1 visa. She got a multiple entry for one year, but could stay in the US for only 3 months this time.

We are deciding whether to get married or not. Our thought is my N400 might take 7-8 months. Within this period, my fiance can travel to the US without needing to apply for visa.

We are concerned though this might otherwise jeopadize her coming here once she needs to renew her visa. Is our concern real?

Also, if she's with me when I receive my approval on N400, can I apply for her green card? When should we marry to do that?

I appreciate your help. Thanks.
 
B1 is not an immigrant visa, and if USCIS officer at POE decide that her repeated trips to the US are really an attempt to stay permanently, she may be refused entry. Being denied could have ramifications for future GC as one of the questions on the application is "have you ever been refused entry or deported?".

As a GC holder, your choices for marrying and sponsoring your spouse for their permanent residency are somewhat limited and probably with a long wait. "Family Second Preference" seems to be the category, and of course you'd need to be married before submitting the application, plus your spouse would need some other valid visa to visit you in the US while waiting for their GC.

As a USC, you could sponsor a K1 fiance visa which can be converted to a 2yr conditional GC. If already married when becoming a USC, I think you'd simply submit I-130 and I-485 together, although I don't think this would give as much flexibility as your spouse wouldn't have a visa during the application process.

If you can wait, I'd probably suggest getting your USC sorted out as quickly as possible, then go the K1 route. Search around some of the older threads here for the pitfalls associated with marrying a B1/B2 holder.
 
That will be tricky since you already have a relationship with her prior to you getting married and before becoming a USC. This maybe interpreted as fraud or misrepresentation on her part at the POE which can bite her later on when she tries to adjust. I think the best solution is to become a USC asap and apply for a K1 for her as a USC.
 
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