A straight up question, give it to me straight.

[feito/feita 1]

Thx for your time, I'll try to be brief. My gf has a b2 visa. she is from mexico. she is here for a visit and we are talking of marriage.

1. is it better to marry in usa or mexico?

2. i want to explore the possibilities, and reprocussions, of her overstaying the current permission. How will it affect later application of citizenship, or adjustment of status. (i dont know the proper terminology, sorry)

3. We are not the first to do this. Im sure there are good and bad ways to handle this situation. give me the HONEST pro's and con's.

The objective is to marry, her remain in usa with me, and file for adjustment after marriage.

Lastly, thanks in advance for advice based on experience and/or knowledge. But please do not respond about the "Legality" of the situation, unless it is DIRECTLY associated with your ADVICE in an effort to HELP.

there is a solution to every problem. i am looking for the BEST solution for a diffucult situation, while trying to avoid causing a bigger problem later. (IE time, money, seperation) THANKS.

Edited September 26, 2013 by feito/feita

[CaizLurol 36]

Well it's not really "cheating". She entered the US as a tourist and after entering, decided that perhaps she'd like to get married... so now she has two options. Get married in the US and adjust status or go back to her country and file that way for either a K-1 or CR-1.

Really there are no pro's and cons except that if cost is a factor, the cheapest way to do it is for you two to get married (doesn't matter either Mexico or the US) and she goes home and you file the I-130 for the CR-1.

[Dave&Roza 748]

Thx for your time, I'll try to be brief. My gf has a b2 visa. she is from mexico. she is here for a visit and we are talking of marriage.

1. is it better to marry in usa or mexico?

2. i want to explore the possibilities, and reprocussions, of her overstaying the current permission. How will it affect later application of citizenship, or adjustment of status. (i dont know the proper terminology, sorry)

3. We are not the first to do this. Im sure there are good and bad ways to handle this situation. give me the HONEST pro's and con's.

The objective is to marry, her remain in usa with me, and file for adjustment after marriage.

Lastly, thanks in advance for advice based on experience and/or knowledge. But please do not respond about the "Legality" of the situation, unless it is DIRECTLY associated with your ADVICE in an effort to HELP.

there is a solution to every problem. i am looking for the BEST solution for a diffucult situation, while trying to avoid causing a bigger problem later. (IE time, money, seperation) THANKS.

As she is in the US on a valid visa and you two want to get married now--that is to say she did not enter the US on the B2 visa wiith the intent to get married--the best, quickest, and cheapest is to file for adjustment of status (AOS) after you get married. Any overstay will be forgiven as she will be married to a USC. She will not be able to leave and re-enter the US until she has her GC or advance parole (AP).

Just be sure you can prove that she entered the US without the intent to get married and then file for AOS. To use the B2 visa as a way to immigrate to the US is visa fraud and you may be placed under more scrunty than others because of this.

Good luck,

Dave

[feito/feita 1]

Just be sure you can prove that she entered the US without the intent to get married and then file for AOS. To use the B2 visa as a way to immigrate to the US is visa fraud and you may be placed under more scrunty than others because of this.

Good luck,

Dave

thanks dave,

actually your answer is music to my ears. questions.... how do we "prove" there was no intent to marry....... how soon after we marry, (asuming we do) do i file this AOS..... and no offense, but how certain are you of your advice?

to other replies..... read please, the GOAL is for her to remain here after marriage, not return and file for papers and be apart a year.

[Anna Grant 169]

to other replies..... read please, the GOAL is for her to remain here after marriage, not return and file for papers and be apart a year.

Well, that's all our goals here. I didn't want to be apart from my fiance for months and months either. But I went the K1 route as that is the safest route to take.

However, if your fiancee genuinely entered the US without the intention of getting married, then you should probably be okay.

You say that she has a B2 visa? Did she get that prior to entering a relationship with you? If after the start of the relationship, was she asked anything at the interview about who she was going to see in the US? Was she asked anything by the CBP on entry about why she was visiting the US?

[del-11-03-13-3 11]

You can file for K1 while she is still here but she has to leave when her B2 is up. If you two knew each other before she came to the US then there is no way to marry her here and successfully AOS her. I know it sucks but you will have to be separate while the government processes her visa. All of us here had to go through it.

[feito/feita 1]

Well, that's all our goals here. I didn't want to be apart from my fiance for months and months either. But I went the K1 route as that is the safest route to take.

However, if your fiancee genuinely entered the US without the intention of getting married, then you should probably be okay.

You say that she has a B2 visa? Did she get that prior to entering a relationship with you? If after the start of the relationship, was she asked anything at the interview about who she was going to see in the US? Was she asked anything by the CBP on entry about why she was visiting the US?

she received her visa years ago, long before me. she visited me a few months back and returned home. i even went to mexico to visit her after her trip here.

she was ask her purpose and she said to visit friends.

and again i ask the question..... how can we PROVE there was no intent BEFORE entry. of course we discussed marriage, but there was no date, or specific plans. As a matter of fact.... we had discussions about after her return trip to mexico, (after this visit)

i would go to mexico again and meet her family.

[feito/feita 1]

That's not cheating? Entering with the intent to marry and adjust on a visitor visa?

are you incapable of reading?????

where in what i wrote did you read.... she entered with intent to say here???

I clearly stated..... 2. i want to explore the possibilities, and reprocussions, of her overstaying the current permission.

AND REMEMBER..... we have done absolutley nothing wrong!!!! she is here legally, she has intentions to return to her country within her allowed time. I AM ONLY ASKING QUESTIONS and getting advice.

second. i also CLEARLY stated... i am not looking for comments about legality......

so i ask nicely, if you have nothing productive to add, please just remain silent.

[CaizLurol 36]

That's not cheating? Entering with the intent to marry and adjust on a visitor visa?

Please reread what I wrote. If she entered first and after entering decided to get married, then that is not cheating.

If she entered here knowingly wanting to get married, then that's a different story.

[feito/feita 1]

You can file for K1 while she is still here but she has to leave when her B2 is up. If you two knew each other before she came to the US then there is no way to marry her here and successfully AOS her. I know it sucks but you will have to be separate while the government processes her visa. All of us here had to go through it.

yes we knew each other......

[CaizLurol 36]

Feito/Feita it sounds like you answered your own question if the goal is to do this without being apart.

AoS happens frequently and the only thing you'll have to prove during the interview is that you have a bona fide marriage.

[Novembro 1,763]

are you incapable of reading?????

where in what i wrote did you read.... she entered with intent to say here???

I clearly stated..... 2. i want to explore the possibilities, and reprocussions, of her overstaying the current permission.

AND REMEMBER..... we have done absolutley nothing wrong!!!! she is here legally, she has intentions to return to her country within her allowed time. I AM ONLY ASKING QUESTIONS and getting advice.

second. i also CLEARLY stated... i am not looking for comments about legality......

so i ask nicely, if you have nothing productive to add, please just remain silent.

You should calm down and realize that by posting "I kinda want her to overstay her current visa with the intent of marriage" isn't legit.

Also, caps lock doesn't get a point across.

Please reread what I wrote. If she entered first and after entering decided to get married, then that is not cheating.

If she entered here knowingly wanting to get married, then that's a different story.

The copious amount of details in the first post lead one to believe that they're trying to avoid the k-1/cr-1 process which, again, isn't legit.

[CaizLurol 36]

are you incapable of reading?????

where in what i wrote did you read.... she entered with intent to say here???

I clearly stated..... 2. i want to explore the possibilities, and reprocussions, of her overstaying the current permission.

AND REMEMBER..... we have done absolutley nothing wrong!!!! she is here legally, she has intentions to return to her country within her allowed time. I AM ONLY ASKING QUESTIONS and getting advice.

second. i also CLEARLY stated... i am not looking for comments about legality......

so i ask nicely, if you have nothing productive to add, please just remain silent.

You'll be fine. Don't worry about the doom and gloomers here. Just do what your heart tells you. The most important thing is that you have a bona fide marriage.

[feito/feita 1]

You should calm down and realize that by posting "I kinda want her to overstay her current visa with the intent of marriage" isn't legit.

Also, caps lock doesn't get a point across.

point taken....... you should realize as well, accusations as you first wrote....."That's not cheating? Entering with the intent to marry and adjust on a visitor visa?" ........ were not only inncorrect but offensive to me.

people every day have this same question. i am looking for possibilities and solutions. the facts. then i can make an educated decision.

[Franciscus 32]

Hi,

I see you have joined today, welcome to the forum. My advice: use several hours more to look at all the times this issue has come up in this forum. Pay special attention to posts by "senior" members talking about intent (specifically, how it can't even be used as the sole reason to deny an AOS application). I understand how this might be irrelevant in your case since you state clearly there was no intention, but since you asked about it, I bring it up. I guess a fair summary is that if there was no lying involved when she came to the US the last time (no judgement at all here obviously, just stating a fact!), then there is no reason to not do AOS (but, again, it's much better if you read a lot about this than having some random person like me telling it to you in one line). You'll see a lot of people that had to go through a harder route, and that might bias their advice (probably with no harm intended).

Regarding the B2 overstay, I think you'll have a harder time finding people commenting on what should be done in that regard, since that could be a violation of the TOS of the forum (though I'm not sure). What is a fact is that overstay is forgiven for spouses of USC (again, you might wanna learn more about this spending more time on the forum).