Adjusting status from B1/B2

[inago1 0]

Hello Everyone,

I am planning on marrying my girlfriend who is on a b1/b2 visitor visa but her plane departs on the 12 and the maximum she can stay is to the 23 (as stated on the i94). I need to know if it is possible to send out all the adjustment papers before the 23rd or if she needs to go back home and start the process for the fiancee visa. The birth certificate should be arriving soon and after that i would need to have it translated, get a license and then a marriage certificate. I am in the process of filling out the adjustment papers, (and this site of great help), but I just discovered that a medical examination is required which i am guessing will take a lot more time than I have. Does anyone have estimate on how long it takes to complete all the papers for this?

I greatly appreciate your help.

Thank you

[NIKKIMO 0]

Im in the same situation w my husband. His i94 is up Feb 1st. The medical exam should only take about 3 days. They give a tb test wich needs to be read by the Dr 2 days after it is given. Call around to different doctors in your area as times and charges vary greatly. Some doctors I called quoted me $500. I finally found one that was $200.

It is my understanding that they dont need to return to their country to file the papers. There is another form we can fill out here for spouses that overstayed their visa. There is an additional fee to file it also. I think around $500. Im not sure what number the form is but Im sure someone else will be more helpful. Good luck!

[Shuki 4]

Hello Everyone,

I am planning on marrying my girlfriend who is on a b1/b2 visitor visa but her plane departs on the 12 and the maximum she can stay is to the 23 (as stated on the i94). I need to know if it is possible to send out all the adjustment papers before the 23rd or if she needs to go back home and start the process for the fiancee visa. The birth certificate should be arriving soon and after that i would need to have it translated, get a license and then a marriage certificate. I am in the process of filling out the adjustment papers, (and this site of great help), but I just discovered that a medical examination is required which i am guessing will take a lot more time than I have. Does anyone have estimate on how long it takes to complete all the papers for this?

I greatly appreciate your help.

Thank you

Alot of people will tell you that it wont be good to mary someone on B1/B2 visa cos it`s considered as fraud. I personaly think it doesnt really matter on what visa is someone getting maried but that`s just me. If you can get all the papers till 23rd i`d file the package and save myself unnecesery travel expences ubt it`s up to you.

As for medical examination it only takes a day or two (took me roughly 3.5 hours). Ofcourse time and prices differs so it might take you abit more than me. Usually tb skin test takes abit longer so i advice you go straight for x-ray (saved me some $ and time ).

I am in similar situation like you, gathering slowly all the docs for my AoS

GL

[ValerieA 350]

Hello Everyone,

I am planning on marrying my girlfriend who is on a b1/b2 visitor visa but her plane departs on the 12 and the maximum she can stay is to the 23 (as stated on the i94). I need to know if it is possible to send out all the adjustment papers before the 23rd or if she needs to go back home and start the process for the fiancee visa. The birth certificate should be arriving soon and after that i would need to have it translated, get a license and then a marriage certificate. I am in the process of filling out the adjustment papers, (and this site of great help), but I just discovered that a medical examination is required which i am guessing will take a lot more time than I have. Does anyone have estimate on how long it takes to complete all the papers for this?

I greatly appreciate your help.

Thank you

Overstay is forgiven for someone adjusting as the spouse of a US citizen, so don't worry about that too much. No extra form is needed, it is the same package as for someone who didn't overstay. Get your medical exam (as already stated, you go in for your exam, and go back in 2 days for the doctor to look at the results of the TB test).

This forum is a very valuable tool, start filling out the forms and good luck!

[inago1 0]

Overstay is forgiven for someone adjusting as the spouse of a US citizen, so don't worry about that too much. No extra form is needed, it is the same package as for someone who didn't overstay. Get your medical exam (as already stated, you go in for your exam, and go back in 2 days for the doctor to look at the results of the TB test).

This forum is a very valuable tool, start filling out the forms and good luck!

It would be acceptable if I got married and sent the papers after the date of her legal stay time (the 23rd)?

[Lornaevo 48]

It would be acceptable if I got married and sent the papers after the date of her legal stay time (the 23rd)?

Yes. I overstayed my date by 11 years. And it wasn't an issue when I married my wife. I'm now a GC holder. Just have plenty of proof that it's a legitimate marriage and that she didn't intend to adjust before she left her country. Good Luck.

[Brother Hesekiel 2,235]

Your girlfriend entered the United States as a visitor with the proper visa, the B2. It is perfectly fine to get married while visiting the United States; literally millions of people do this every year. If your girlfriend did not intent to get married AND to stay on this very trip, then the fact that she will have become the "immediate relative" of a U.S. citizen will allow her to adjust status from a non-immigrant to resident, should you guys decide to reside in cold Chicago instead Tuscany or Lagio Magiore.

Your girlfriend will need her birth certificate mailed over. Keep the envelope, just in case. She also will need a medical, form I-693. Once you submit the entire AoS package (read the guides for the forms needed), your (then) wife enters a "period of authorized stay." That's not a status per se, but a period where time doesn't exist anymore, so she would not be "out of status."

Regardless, "unlawful presence" and "working without authorization" are not "being made an issue of" (think: forgiven) for immediate relatives of US citizens, so even overstay is not an issue. People have adjusted without problems sometimes after 20+ years of overstay.

Edited January 4, 2013 by Brother Hesekiel