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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. 

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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.

 

 


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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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.


08/15/2014 : Met Online

06/30/2016 : I-129F Packet Sent

07/08/2016 : NOA 1 Received

08/25/2016 : NOA 2 Received (48 days)

11/08/2016 : Interview - APPROVED!

11/18/2016 : Visa in hand

11/23/2016 : POE - Dallas, Texas

From sending of I-129F petiton to POE - 146 days.

 

02/03/2017 - Married 

 

02/24/2017 - AOS packet sent

03/06/2017 - NOA1's received via text

03/31/2017 - Biometrics appointment Completed

06/01/2017 - EAD/AP Combo Card Received in mail

12/06/2017 - I-485 Approved

12/14/2017 - Green Card Received in mail - No Interview

 

 

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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. 

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

 

Not that it probably matters. 


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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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. 

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


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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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.  


You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

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Visa just has to be valid on entry.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Not for a Nanny, some types of J yes.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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