Spouse Visa for GC Holder

[I_Wonder_04]

Hi,

I am a GC Holder and my fiance lives in canada on a work permit. She has a US visa B1/B2 as well.

If we get married in US, and then her B1/B2 expires, does she become out-of-status immediately and have to leave the country? or can she stay even after her B1/B2 expires based on the spouse visa filing after marriage?

Secondly, can she re-enter the US after her B1/B2 expires (if she goes out of the country)? Will she have any documentation based upon her filing?

Thanks in advance.

 

[NBC_June04]

You can still marry in USA but you cant stay together after her B1 expires (unless she get another status and visa like F1, J1, H1...). As an LPR you are only eligible to file I-130 which doesnt give her any status and she must wait in her country (or USA if she gets other status) until 130 is approved and then file for 485.
Only if 485 is filed for her she can stay with you because her status will be basicly AOS. If you were USC that;s fine, but since you are LPR she really needs another status here to be with you. I-130 by itself doesnt mean anything, does not give status, until she files for AOS (after 130 approval and visa number availability become current).
There' are several other similar threads down on the load with the same concerns. It takes about 5 years for such cases unless you become a USC sooner.
Good luck!