Advice please

[Jaime'n'Jenny 8]

I am a female born US citizen working in the United States.  I have met a Filipina woman who is here on a B1 Visa.  Her visa expires in February and her I94 expires in July.  She currently lives one block from me and we have seen each other almost every day and have been dating now for about 3 months.  We are currently looking at options as her time in the USA maybe coming to an end. (not clear if her employer will extend)  If we decided to get married, would we need to get married and do the AOS before her visa expires or before the I94 expires?  We are also looking at K-1 and CR-1 but it seems easier and quicker to do it in the USA. Any advice is welcome. 

[Boiler 43,429]

B entries are usually max 6 months so not sure how  it can expire in July?

 

She will be out of status and deportable when her I 94 expires.

 

 

[Ben&Zian 4,397]

5 minutes ago, Jaime'n'Jenny said:

I am a female born US citizen working in the United States.  I have met a Filipina woman who is here on a B1 Visa.  Her visa expires in February and her I94 expires in July.  She currently lives one block from me and we have seen each other almost every day and have been dating now for about 3 months.  We are currently looking at options as her time in the USA maybe coming to an end. (not clear if her employer will extend)  If we decided to get married, would we need to get married and do the AOS before her visa expires or before the I94 expires?  We are also looking at K-1 and CR-1 but it seems easier and quicker to do it in the USA. Any advice is welcome. 

 

If you marry, then you must file for AOS. Once you receive the receipt or NOA1 she will be in a temporary legal status even after her I-94 expires so.

[ThomasNC1988 762]

Likely the best course if you want to stay together in the US.

 

https://www.visajourney.com/content/i130guide2

[Jaime'n'Jenny 8]

2 minutes ago, Boiler said:

B entries are usually max 6 months so not sure how  it can expire in July?

 

She will be out of status and deportable when her I 94 expires.

 

 

Her I-94 expires in July.  Her actual visa expires in February.  I believe she is on a one year visa.  She is a nanny. 

[Boiler 43,429]

B1 would be if she was accompanying her Employers who live overseas, most Nanny's are J1's.

 

Not that it probably matters. 

[Jaime'n'Jenny 8]

2 minutes ago, Boiler said:

B1 would be if she was accompanying her Employers who live overseas, most Nanny's are J1's.

 

Not that it probably matters. 

Her employers are american and were in England for 3 years.  She worked for them in London.  She came over with them to the USA and has been here almost three years. 

[Boiler 43,429]

Well it sounds more like a J1, but a detail.

[Jaime'n'Jenny 8]

Would the AOS need to be filled before the visa expires in Feb?

[NikLR 13,220]

AOS should probably be filed asap or before her legal status in the USA ends.  Sounds rather odd that her visa expires in Feb but her status doesn't change until July?  Something is off IMHO.  

[Boiler 43,429]

Visa just has to be valid on entry.

[Randyandyuni 2,682]

If J1 does she have a 2 year requirement to return to her home country upon expiration?

[Boiler 43,429]

Not for a Nanny, some types of J yes.

[Randyandyuni 2,682]

Thanks for the clarification