B1/B2(Conference) to F2 COS [Urgent]

[MatrixDecoder 0]

I am on F-1 visa in USA doing my PhD. My gf came to US on B1/B2 visa 2 months ago to attend a conference where her research paper is published. Her travel and other cost is sponsored by Higher education commission of our country of origin. Suddenly we decided to get married. We want to apply for her F-2 visa right after marriage. I have few concerns:

1) When should we marry? (I have heard its better to get married after 90 days of her B1/B2 stay)

2) Would it be straight forward to change her status from B1/B2 to F2 OR USCIS can object?

(Note! She already visited on B1/B2 to attend a conference 3 years ago as well and went back to home country. We didn't know each other at that time)

Thanks a lot

[inyong 0]

I am on F-1 visa in USA doing my PhD. My gf came to US on B1/B2 visa 2 months ago to attend a conference where her research paper is published. Her travel and other cost is sponsored by Higher education commission of our country of origin. Suddenly we decided to get married. We want to apply for her F-2 visa right after marriage. I have few concerns:

1) When should we marry? (I have heard its better to get married after 90 days of her B1/B2 stay)

2) Would it be straight forward to change her status from B1/B2 to F2 OR USCIS can object?

(Note! She already visited on B1/B2 to attend a conference 3 years ago as well and went back to home country. We didn't know each other at that time)

Thanks a lot

As far as I knew, You did not mention what country are you, If the origin from the Philippines she should exit first as completion of her B1/B2 visa then the next step you will do is to file another visa for her, like K1 or K3.

[inyong 0]

I am on F-1 visa in USA doing my PhD. My gf came to US on B1/B2 visa 2 months ago to attend a conference where her research paper is published. Her travel and other cost is sponsored by Higher education commission of our country of origin. Suddenly we decided to get married. We want to apply for her F-2 visa right after marriage. I have few concerns:

1) When should we marry? (I have heard its better to get married after 90 days of her B1/B2 stay)

2) Would it be straight forward to change her status from B1/B2 to F2 OR USCIS can object?

(Note! She already visited on B1/B2 to attend a conference 3 years ago as well and went back to home country. We didn't know each other at that time)

Thanks a lot

BE WARNED:

You must qualify to file for an I-130 in the US. Not everyone does, and in some cases doing so can be considered fraud and result in being deported and banned from re-entry into the US for a period of time. If you attempt to file and you do not qualify your legal status in the US can be placed in jeopardy. J1 Visa holders will almost always require a waiver and should consult with an immigration lawyer or the USCIS for more information. If you have any doubt, consult an immigration attorney.

If your fiance/fiancee came to the US on a tourist visa with the intent of immigration and marriage, and you are not yet married, then he/she should return to his/her home abroad, and the K-1 visa should be filed (using an I-129f) instead of the I-130 to avoid a denial, deportation, or even being banned from re-entry to the US.

If you are already married, and your spouse came to the US on a tourist visa with the intent of immigration and marriage, then he/she should return to his/her home abroad, and the I-130 (or along with an I-129f for a K-3 Visa) should be filed with the relative outside of the U.S. to avoid denial, deportation, or even being banned from re-entry to the US.

The above conditions are serious and can result in the separation of families for many years if not taken seriously.

[kzielu 1,149]

BE WARNED:

The above conditions are serious and can result in the separation of families for many years if not taken seriously.

What are you talking about ??? The OP is not a legal permanent resident of US himself, not even speaking of being a citizen. He neither can't file K-1 nor I-130 and this is not what he is asking for.

[MatrixDecoder 0]

What are you talking about ??? The OP is not a legal permanent resident of US himself, not even speaking of being a citizen. He neither can't file K-1 nor I-130 and this is not what he is asking for.

Very right.. I am on F-1 visa as I mentioned and she came on B1/B2 visa to attend conference. None of us is US citizen

Thanks... Any help in right direction would be appreciated

[MatrixDecoder 0]

As far as I knew, You did not mention what country are you, If the origin from the Philippines she should exit first as completion of her B1/B2 visa then the next step you will do is to file another visa for her, like K1 or K3.

Thanks a lot for quick response..

We are from Pakistan and none of us is US citizen. I am on F-1 and she is on B1/B2 visa so we wont have to deal with K1 etc

Any help in right direction is appreciated

[Harsh_77 718]

What are you talking about ??? The OP is not a legal permanent resident of US himself, not even speaking of being a citizen. He neither can't file K-1 nor I-130 and this is not what he is asking for.

Absolutely first 2 poster are wrong, your fiancé cannot enter on K1. K1 is not applicable for you, in your case she will be on F2.

You can get married and file for F2, that option #1 but again how convincing that your GF enters on B1/2 enters gets married all of sudden leaving everything back in home country at standstill?

Second option is you guys can get married and she can return back to your home country and apply for F2 and enter back on F2.