thinking of marriage on a B2

A

appachi357

Registered Users (C)
Can someone please tell me how to go about marrying my girlfriend who I love very much, who lives in China and has a current B1,B2 visa that has been visiting me for the past 2 years, i'm a US citizen.
I been searching on this forum for quite some time now, and am not getting any straight answers to a simple process in marrying my girlfriend who is in love with me also.
Some told me she don’t have to file an adjustment of Status, from a B2 to a K-1.
Some told me she don’t need a K-1, just go with the B2.
Go with the B2 where ????
I’m confused at this point, should I just marry her and worry about it later, or is there a smarter way to do this, I want to keep her here with me in the US for good.
If there is someone that had a similar situation, I would appreciate some feed back from you.
Thank you !
 
Last edited by a moderator:
thank you triple citizen,

1-can she file the K-1, while she is here, visiting me on her B1,B2 visa and wait here for approval?
Get married here after waiting for some time and then file for AOS

or

2- Can she file for an Adjustment of Status while here, and get married on her new status and file for AOS ?
thank you !
 
appachi357 said:
1-can she file the K-1, while she is here, visiting me on her B1,B2 visa and wait here for approval?
Get married here after waiting for some time and then file for AOS
Click to expand...

Yes. You can get the paper-work started while she is in the country with you. That's exactly what we did. On one of my visits over to the US, we both decided that we needed to put an end to all the travelling thousands of miles to see each other, so we agreed that marriage was the way forward. So we got the ball rolling with the K1 paper-work when I still had 1.5 months of my visit left. It's also 'possible' to return for further visits throughout the process (though there is a 'chance' that there could be a denial of entry- but Ive read about far more success stories than denials).
If your fiance is still in the US when you file, theres even a section in the paper-work that asks for her I94 number.

appachi357 said:
2- Can she file for an Adjustment of Status while here, and get married on her new status and file for AOS ?
thank you !
Click to expand...
I think you have things a little confused. You need a basis on which you are able to file for AOS- so in this case, her basis to be eligible will be through marriage to a US citizen- not the other way round. However, to enter the US on a tourist visa with the intention to marry and attempt to AOS is classed as visa fraud and can result in deportation/ban. So you can either go the K1 route where you apply for the visa and then get married, or you can get married here and then apply for an immigrant visa for her.
 
Thank you very much, so correct me if im wrong, when she comes to visit me, we can file here for a K-1, when it is approved we then can get married here, i believe within 90 days, question is, can she wait here for the approval ?
thanks again, your being very helpful, and your time is appreciated!
 
on the second option, if we get married here and then apply for the immigrant visa, will she be able to stay here in the US and wait to be approved ?
We are trying not to be apart from one another, this is the route we are trying to seek, thanks again, i hope im making sence of this
 
appachi357 said:
Thank you very much, so correct me if im wrong, when she comes to visit me, we can file here for a K-1, when it is approved we then can get married here, i believe within 90 days, question is, can she wait here for the approval ?
thanks again, your being very helpful, and your time is appreciated!
Click to expand...

She can be in the states for the time that she has been legally admitted for (ie, the date stated on her I94). So at the end of this, she will need to return to her home country. She will also need to make sure she returns home for the K1 visa interview as this will take place at a consulate outside of the US.
 
appachi357 said:
on the second option, if we get married here and then apply for the immigrant visa, will she be able to stay here in the US and wait to be approved ?
We are trying not to be apart from one another, this is the route we are trying to seek, thanks again, i hope im making sence of this
Click to expand...

Obviously, like I mentioned in my last post for the K1, she would only be able to stay here for the length of time that she has been allowed (ie, the date on her I94). After this date she would still need to return home. Also, like with the K1, she would also need to return home/the country she has been residing in in order to attend her immigrant visa interview at a US consulate.
 
on the second option, if we get married here and then apply for the immigrant visa, will she be able to stay here in the US and wait to be approved ?
We are trying not to be apart from one another, this is the route we are trying to seek, thanks again, i hope im making sence of this
 
appachi357 said:
thanks, well put.
can you tell me approximately, how long both situations can take
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The average time for a k1 is 6-12 months and the immigrant visa is around 8-12 months, however, these averages mean nothing as each case is different and your case could just as easily be shorter/longer than these averages. Theres just no way to tell.
 
thanks again for your feed back, i understand what your saying, but i have read senario's on this forum, where people did get married on B2, visa's and went to there interviews, explaining there circumstances, in one case i remember, that this couple was getting tired of going back and forth visiting each other on occasions, and complained that the air fare was getting quite expensive flying thousands of miles to see each other, so they thought the best thing to do was to get married, and they did, went to there interview and past, with no problem.
Dosen't the immigration dept. understand that people do fall in love for ligitimate reasons.
 
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