Getting married on a B 1 Visa?

[sabrinamiguel 0]

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!

[squirrely 0]

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?

[sabrinamiguel 0]

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.

[payxibka 10,044]

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

[USUY2010 4]

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 August 1, 2010 by USUY2010

[JimVaPhuong 4,863]

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.

[sabrinamiguel 0]

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!