B1/B2 —> AOS (Urgent Help Please)

[KingJames234 11]

Please help my friend! My friend has a girl he met in Germany when he went to visit and they started talking. He invited her over to visit and she got a B1/B2 visa six months later. She left after two weeks or so of her first visit and then she returned to visit him  again two months later. Now she is being here for a month plus and my friend told me that he really loves her and wants to propose and to get married to her and make her a resident. Her B1/B2 is not expired. 

 

Please is this acceptable?

 

 Please any help or recommendations is appreciated. 

[nastra30 2,288]

1 hour ago, KingJames234 said:

Please help my friend! My friend has a girl he met in Germany when he went to visit and they started talking. He invited her over to visit and she got a B1/B2 visa six months later. She left after two weeks or so of her first visit and then she returned to visit him  again two months later. Now she is being here for a month plus and my friend told me that he really loves her and wants to propose and to get married to her and make her a resident. Her B1/B2 is not expired. 

 

Please is this acceptable?

 

 Please any help or recommendations is appreciated. 

Assuming your friend is a USC then - Yes, they can get married and he can petition her to adjust her status. However with adjustment of status (AOS), she cannot travel outside the US until she either she gets advance parole travel document or actual green card. So she might be looking at 7+ months plus to get travel document. If she leaves before completing AOS process, she'll have to continue the rest the process at the US consulate.

 

So they should go ahead and get married and then file the following forms.

+Form I-130 (petition)

+Form I-130A (petition spouse supplement)

+Form I-485 (adjustment of status)

+Form I-131 (travel doc)

+Form I-764 (work authorization)

+Form I-864 (affidavit of support)

 

Ask your friend to follow the guides on the this site to complete the forms.

Edited October 3, 2022 by nastra30

[KingJames234 11]

8 minutes ago, nastra30 said:

Assuming your friend is a USC then - Yes, they can get married and he can petition her to adjust her status. However with adjustment of status (AOS), she cannot travel outside the US until she either she gets advance parole travel document or actual green card. So she might be looking at 7+ months plus to get travel document. If she leaves before completing AOS process, she'll have to continue the rest the process at the US consulate.

 

So they should go ahead and get married and then file the following forms.

+Form I-130 (petition)

+Form I-130A (petition spouse supplement)

+Form I-485 (adjustment of status)

+Form I-131 (travel doc)

+Form I-764 (work authorization)

+Form I-864 (affidavit of support)

 

Ask your friend to follow the guides on the this site to complete the forms.

Thank you a lot. Yes he is a US citizen. Okay I will let him know.

 

Someone also told us that when she was coming to the US she mentioned that they were friends and she was staying in his place during her visit… will that will be a problem in a AOS? 

[nastra30 2,288]

1 minute ago, KingJames234 said:

Thank you a lot. Yes he is a US citizen. Okay I will let him know.

 

Someone also told us that when she was coming to the US she mentioned that they were friends and she was staying in his place during her visit… will that will be a problem in a AOS? 

Not a problem. The major task ahead for them is providing lots of docs/info to USCIS proofing bona-fide relationship between them. 

[KingJames234 11]

1 minute ago, nastra30 said:

Not a problem. The major task ahead for them is providing lots of docs/info to USCIS proofing bona-fide relationship between them. 

Okay thank you so much. I will let them know. I read the 90 days rule and I suggested they waited but they want to get married and don’t want to get in the way am I advising them wrongly? 

[nastra30 2,288]

3 minutes ago, KingJames234 said:

Okay thank you so much. I will let them know. I read the 90 days rule and I suggested they waited but they want to get married and don’t want to get in the way am I advising them wrongly? 

There is no 90 day rule. They should go ahead and get married and file away.

Edited October 3, 2022 by nastra30

[KingJames234 11]

Just now, nastra30 said:

There is no 90 day rule. They should ahead and get married and file away.

Thanks a lot. Wow didn’t know that. I will let him know now. Thanks a lot. 

[Rocio0010 5,579]

8 hours ago, KingJames234 said:

friends

While it might not be an issue, if officers are being sticklers they could say that she lied and they were more than friends. Low probability, but still a chance. Is that what they said?

[KingJames234 11]

Just now, Rocio0010 said:

While it might not be an issue, if officers are being sticklers they could say that she lied and they were more than friends. Low probability, but still a chance. Is that what they said?

Hey Rico, no that is not what was said.m, they are yet to file the AOS but considering it. 

[SteveInBostonI130 3,467]

8 hours ago, nastra30 said:

Not a problem. The major task ahead for them is providing lots of docs/info to USCIS proofing bona-fide relationship between them. 

 

Have your friend make an account here.  There are many forms he needs to fill out and fill out correctly.  If he wants to do it himself, then he should get involved here at VJ.

[KingJames234 11]

54 minutes ago, SteveInBostonI130 said:

 

Have your friend make an account here.  There are many forms he needs to fill out and fill out correctly.  If he wants to do it himself, then he should get involved here at VJ.

Thanks Steve. I will let him know he will set up an account as well. He intends to use a lawyer but he also wants to do research himself and have some basic knowledge. 

[KingJames234 11]

1 hour ago, Rocio0010 said:

While it might not be an issue, if officers are being sticklers they could say that she lied and they were more than friends. Low probability, but still a chance. Is that what they said?

@Rocio0010 and @nastra30 What are the probabilities for this to happen… Have you heard of any situations where it happened and how can they mitigate this? 

[nastra30 2,288]

28 minutes ago, KingJames234 said:

@Rocio0010 and @nastra30 What are the probabilities for this to happen… Have you heard of any situations where it happened and how can they mitigate this? 

IMO, extremely low at this point; as intent was determined at entry. Don't worry too much about it. Again they should marry and file away if they want to do AOS. Tell your friend to sign up and ask any specific questions they might have.

Edited October 3, 2022 by nastra30

[KingJames234 11]

1 minute ago, nastra30 said:

IMO, extremely low at this point; as intent was determined at entry. Don't worry too much about it. Again they should marry and file away if they want to do AOS. Tell your friend to sign up and ask any specific questions they might have.

Thank you and I will let him know. 

Edited October 3, 2022 by KingJames234