Getting Married on B1/B2 Visa - Next Step?

[Chique45 0]

Hi everyone,

I am currently in the US on B1/B2 visa and my boyfriend and I are planning to get married before my I-94 expires. I am confused about the procedure that follows marriage, so my questions are the following:

- Do we submit I-130 ONLY and wait for approval before proceeding with other forms? OR

- Do we have to submit the whole package (I-130, I-485, I-693, I-864 and G325A) and then wait for them to process it?

Thanks

[Cheezees 1,514]

Check out the Guides at teh top of every VJ page. It tells you exactly which forms you should file. Congrats and good luck!

[Harpa Timsah 13,258]

Send everything together, It's called a concurrent I-130/I-485.

[inloveVEN 46]

Hi

you can apply for the whole package because you are both in USA. Also can apply for AP ( i - 131) that allow you, by the same price to fly back in case of any emergency.

Here and https://www.uscis.gov/ you can find a lot of information, and you should read carefully because you need to understand your own situation and fill the information, unless you hire a lawyer or paralegal services.

My only advice, you should be very careful because if someone enter with a non-immigrant ( B1-B2) visa with the intention to change to an immigration visa ( Cr1). and it can be misunderstood and it could be taken as migratory fraud. here in Visajourney there are a lot information from post from other VJs user with similar situations that i hardly recommend to read and be well informed

Edited August 19, 2016 by inloveVEN

[EM_Vandaveer 2,369]

Follow this guide:

http://www.visajourney.com/content/i130guide2

Hi

you can apply for the whole package because you are both in USA. Also can apply for AP ( i - 131) that allow you, by the same price to fly back in case of any emergency.

Here and https://www.uscis.gov/ you can find a lot of information, and you should read carefully because you need to understand your own situation and fill the information, unless you hire a lawyer or paralegal services.

My only advice, you should be very careful because if someone enter with a non-immigrant ( B1-B2) visa with the intention to change to an immigration visa ( Cr1). and it can be misunderstood and it could be taken as migratory fraud. here in Visajourney there are a lot information from post from other VJs user with similar situations that i hardly recommend to read and be well informed

Intent alone is NOT a reason to deny AOS to immediate relatives of USCs.

[Chique45 0]

The thing is, he is still a student and has no income, so filling out I-864 could be an issue, so we were hoping that we could send out I-130 first and, if it's approved, submit everything else afterwards (as he will graduate in a few months).

Would that be possible at all?

[Harpa Timsah 13,258]

The thing is, he is still a student and has no income, so filling out I-864 could be an issue, so we were hoping that we could send out I-130 first and, if it's approved, submit everything else afterwards (as he will graduate in a few months).

Would that be possible at all?

Yes, but filing a I-130 alone does not allow you to stay in the US and gives you no benefit. You'd be better off getting a co-sponsor.

[Chique45 0]

Yes, but filing a I-130 alone does not allow you to stay in the US and gives you no benefit. You'd be better off getting a co-sponsor.

I see. The only reason we believed it was the right way was because USCIS has the following procedure on the website: https://travel.state.gov/content/visas/en/immigrate/immigrant-process.html

Step 1 - Submit a Petition (I-130)

Step 2 - After approval, submit all the other forms.

That is why we were confused as to what the right way to proceed is.

[EM_Vandaveer 2,369]

I see. The only reason we believed it was the right way was because USCIS has the following procedure on the website: https://travel.state.gov/content/visas/en/immigrate/immigrant-process.html

Step 1 - Submit a Petition (I-130)

Step 2 - After approval, submit all the other forms.

That is why we were confused as to what the right way to proceed is.

That's not USCIS, that's the State Departement. That only applies if the foreign spouse is in their home country and the USC is filing to get them a visa.

Not applicable to your situation.

[EM_Vandaveer 2,369]

The thing is, he is still a student and has no income, so filling out I-864 could be an issue, so we were hoping that we could send out I-130 first and, if it's approved, submit everything else afterwards (as he will graduate in a few months).

Would that be possible at all?

Like Harpa Timsah said, I-130 does not give you authorized stay.

Concurrent filing does.

Even if he finds a job right after graduating, USCIS usually wants to see 6+ months at present job.

You'll need a joint sponsor.

[Chique45 0]

Like Harpa Timsah said, I-130 does not give you authorized stay.

Concurrent filing does.

Even if he finds a job right after graduating, USCIS usually wants to see 6+ months at present job.

You'll need a joint sponsor.

Got it.

Now, if I understand correctly, if we submit the paperwork before my I-94 expires, am I legally allowed to stay in the country while our case is being reviewed?

[EM_Vandaveer 2,369]

Got it.

Now, if I understand correctly, if we submit the paperwork before my I-94 expires, am I legally allowed to stay in the country while our case is being reviewed?

Yes. Even if you submit it after your I-94 expires, once you receive your NOA1s, you enter a new period of authorized stay until your AOS application is adjudicated.

[Harpa Timsah 13,258]

That is the instructions for an immigrant visa. That visa turns into a Greencard when the person enters the US. You are already in the US so you need to change your status to a Greencard. No spouse of a US Citizen lives in the US on a visa; they live here as permanent residents (Greencard holders). Hope that clears it up a bit.

So yes, you CAN just file I-130. But doing so does not protect you from deportation or anything. The approval of that petition just proves that a person has a petitionable relationship.

Since you are in the US, filing the I-485 is the thing that protects you from deportation. You can only file that in conjunction with the I-130 because the I-485 needs to be based on an approvable petition.

[Chique45 0]

That is the instructions for an immigrant visa. That visa turns into a Greencard when the person enters the US. You are already in the US so you need to change your status to a Greencard. No spouse of a US Citizen lives in the US on a visa; they live here as permanent residents (Greencard holders). Hope that clears it up a bit.

So yes, you CAN just file I-130. But doing so does not protect you from deportation or anything. The approval of that petition just proves that a person has a petitionable relationship.

Since you are in the US, filing the I-485 is the thing that protects you from deportation. You can only file that in conjunction with the I-130 because the I-485 needs to be based on an approvable petition.

Thanks a lot, it did help!

Just to be clear, when you say ''concurrent I-130/I-485", do you talk about submitting only these two first or submitting all the other forms as well at the same time?

[Harpa Timsah 13,258]

It's a big package but the main parts are the I-130 and I-485. The other forms in the guide listed (and in the instructions) are related to the I-485 and are required too. But the I-130/I-485 is the big umbrella that those other forms fall under.

And, while we're at it. Not only can you stay while this is processing, but you actually can't leave, or you forfeit your application. You can file the I-131 for travel permission, but it will take 90 days to approve. You won't be able to leave before that without abandoning your application.

Once you get your Greencard you can work and travel in the US like a normal person and no longer need the special permissions.