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sabrinamiguel

Getting married on a B 1 Visa?

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Filed: Country: Mexico
Timeline

I am not sure if this is even the right place to be asking these..question's but here it goes.

My fiancé is from mexico he is here on a B 1 visa that expires in 2015,he has over stayed his last vist for 3 years...once we are married is this going to be a big problem? They only allowed entry for 6 months.

Is it easier to get married with his B 1 visa now or apply for the fiancé visa with him here? We do not want to be separted. If anyone could please give me any information on what we need to do and how we go about doing it i would appracite it very much!

Note he has been back and forth for 7 years from Untied states to mexico.

Thanks in Advince!

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What do you mean, he has been back and forth? If he's been here longer than 6 months, he needs to not go out of the US because then he incurs a ban. That said, it can be done.

Does he have a border crossing card, or just a regular B1 visa?


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March 16, 2010- We got married!

AOS

May 04, 2010-Sent I-485 and I-765 on its way

May 08, 2010-Notices of arrival for applications

May 17, 2010- Received Biometrics appointment for June 3rd

June 03, 2010- Biometrics done! also both I-485 and I-765 touched

June 4, 2010- Touch

June 18, 2010- Received interview letter for July 23, 2010 (no touches)

June 23, 2010- Touch on EAD, but not on AOS #######

July 14, 2010- EAD Card production ordered

July 19, 2010-EAD Card production ordered again

July 20, 2010-EAD touch

July 23, 2010-Interview-APPROVED!

July 28, 2010-EAD card arrives in mail

July 30, 2010-Welcome letter in mail

August 5, 2010-Green Card in mail!

ROC

April 23, 2012- Window for ROC application opens

May 14, 2012- Sent packet via USPS with delivery confirmation

May 16, 2012- Packet arrives at Laguna Niguel

June 5, 2012-Check cashed

June 28, 2012-Biometrics done

August 28, 2012-Sent change of address form

December 20, 2012-Green card sent per USCIS

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Filed: Country: Mexico
Timeline

What do you mean, he has been back and forth? If he's been here longer than 6 months, he needs to not go out of the US because then he incurs a ban. That said, it can be done.

Does he have a border crossing card, or just a regular B1 visa?

In the year's since he has had the visa he has travled back to mexico and then back to the untied states..but he has not been back to mexico for 3 years now.

So you are saying we can get married with his visa and no problem's trying to get citizenship for him.

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Filed: AOS (apr) Country: Philippines
Timeline

In the year's since he has had the visa he has travled back to mexico and then back to the untied states..but he has not been back to mexico for 3 years now.

So you are saying we can get married with his visa and no problem's trying to get citizenship for him.

You have a long road to citizenship yet, so don't get too excited... you need to correct his status first, and then wait several years before citizenship is even a possibility


YMMV

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Filed: Citizen (pnd) Country: Uruguay
Timeline

Here's what I've been hearing. Overstay will be pardoned when married to a US citizen. So yes, that is an option, in fact that is probably your best option right now, cause if he leaves he'll be banned as squirrely said. So take a look at I-130, I-485 and see all the work you'll have to go through. ;)

It's a long process, you can check the timelines, at the AOS timeline section. If you have any doubts keep asking!

Edited by USUY2010

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Filed: K-1 Visa Country: Vietnam
Timeline

Presuming you are a US citizen...

The only thing you can do for him as his fiancee is to petition for a fiancee visa, and he'll have to return to Mexico for the interview. He's been unlawfully present for more than a year, so a 10 year ban begins as soon as he leaves the US. His visa would be denied at the consulate interview because of the ban, which would leave you having to try to get a hardship waiver for him. It's difficult for a fiancee to prove that it would be an extreme hardship to be separated from their foreign fiance. It would be easier if you were married.

Speaking of marriage...

If you were married to him, then you could submit a green card application for him now. As long as he entered the US legally then his years of unlawful presence can't be used to deny his green card, since he would be the immediate relative of a US citizen.

He won't be eligible to apply for citizenship until he's been a green card holder AND spouse of a US citizen for three years. If you folks get divorced before then, he'll have to wait five years to become a citizen. He can remain in the US while you wait for the green card application to be adjudicated. If it's approved, he'll get a green card and be a lawful permanent resident. If it's denied (which is always possible) then he'd have to return to Mexico while you submit a spousal visa petition and prepare for the hardship waiver.

If you're NOT a US citizen, but you ARE a green card holder...

You can't do anything at all for him until you are married. Once married, you cannot apply to adjust his status while he's in the US. You need to petition for an F2A visa for him, and he has the return to Mexico to apply for the visa. It is currently taking about two years for an F2A priority date for Mexico, which means he won't even be able to apply for the visa until the petition has been approved for about two years. He'll still be denied at the interview because of the overstay, and you'll still need to apply for a hardship waiver. There's no other way around this.


12/15/2009 - K1 Visa Interview - APPROVED!

12/29/2009 - Married in Oakland, CA!

08/18/2010 - AOS Interview - APPROVED!

05/01/2013 - Removal of Conditions - APPROVED!

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Filed: Country: Mexico
Timeline

Here's what I've been hearing. Overstay will be pardoned when married to a US citizen. So yes, that is an option, in fact that is probably your best option right now, cause if he leaves he'll be banned as squirrely said. So take a look at I-130, I-485 and see all the work you'll have to go through. ;)

It's a long process, you can check the timelines, at the AOS timeline section. If you have any doubts keep asking!

Thank you all so much! Anymore question's I will be sure to ask!

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