How to bridge the gap between the B-2 expiry and AOS

[ChicagoSarah 127]

I agree with everyone else. immigration can make getting married a bit less glamorous sometimes. So it's really up to you....Marry legally now and have a ceremony later, go back to Canada before your status expires and file the proper fiance/spouse visa, or risk being out of status.

[Henry357 70]

I can't get a K-1 in time for the wedding (that is paid for) and the church will not preform a "marriage ceremony" if we marry in the court first. Both are show stoppers.

I am going to apply for an extension. The odds are that it will not be denied/approved before the wedding and thus I should remain in status until I file until I file for AOS.

I was hoping someone had some experience with this…

[Cathi 5,609]

You were given your options, no one can make the decision for you. If you want an extension apply for one, there is no guarantee you will get one. Or you could just go home and then there will be nothing to worry about.

[madtownguy 164]

I can't get a K-1 in time for the wedding (that is paid for) and the church will not preform a "marriage ceremony" if we marry in the court first. Both are show stoppers.

I am going to apply for an extension. The odds are that it will not be denied/approved before the wedding and thus I should remain in status until I file until I file for AOS.

I was hoping someone had some experience with this…

The church doesn't need to know you got married in a court house. Just get married whenever and file AOS, you will be stuck here until the process is over if you don't get AP. Your situation isn't that unusual or difficult, you are just making it that way.

[Transborderwife 4,666]

What about just simply asking the pastor of the church to marry you outside of the church? Another venue if courthouse isn't acceptable?

[Hypnos 6,576]

Ap should also be fine as you haven't reached the 180 day reentry bar.

Per Matter of Arrabally, the INA 212 overstay bars do not apply to someone who has applied for adjustment of status and has been granted Advance Parole - regardless of how long you have been out of status.

Presumably you are considering filing an I-539 (application to extend or change your nonimmigrant status). Be aware that if USCIS deem your request "frivolous" then it will be denied and you would be considered out of status from the day your existing I-94 expired, not the day your I-539 was denied. The current processing time for I-539s is approximately three months.

Edited June 12, 2015 by Hypnos