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under a B1/B2 visa but gets married to a us citizen

#1 azelle

azelle

    Junior Member

  • Members
  • PipPip
  • Joined: 12 Jul 2011
  • Filed for: K-1 Visa

Posted 01 June 2012 - 04:16 AM

Good day!

In case a filipino gets married to a us citizen what will happen to the filipino? is it ok to file change of status right away or does she/he need to exit USA? if she/he needs to exit, for how long?

thanks
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#2 Penguin_ie

Penguin_ie

    Queen Penguin

  • Members, Global Mod

Posted 01 June 2012 - 04:31 AM

*** Moving from K1 to General Immigration ****

You cannot use the B2 with the intention to get married in the USA AND STAY, that is visa fraud. You can get married in the USA, and can also file the CR-1 spousal visa as soon as the marriage cert is available, ie while the foreigner is still in the USA. But the foreigner can only stay for the 6 months or however long s/he is given on the tourist visa, then go home for the medical and interview.
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Bye: Penguin
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Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.




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