I am considering marrying someone who is on B-2 in the country. The route we are contemplating is to get married in the U.S. and file I-130/I-485 from here. This has recently been suggested to us by a lawyer.
I have also considered applying for a fiance visa for her using I-129F as discussed here
http://forums.immigration.com/showth...erience-needed
The lawyer I consulted, however, said there is no risk of running into issues of the future spouse coming on B-2 and applying for green card from the U.S. His rationale was that she did not marry right away, but rather stayed in the country a while and then decided to marry. He was pretty adamant about it.
I would like more input on this: if we were to get married in the U.S. and file I-130/I-485 concurrently, would that:
1. give her legal grounds to stay in the U.S. after her current I-94 runs out?
2. the issue of completing the immigration in the U.S. From the lawyers words it wouldnt be a problem. Other opinions, experiences on that?
Its hard to say without a timeline of events so far. Did you already know each other before she entered? From the same place? Already engaged? What was her reason to come as a "tourist"? What did she do? Where did she stay when she arrived until now?
In other words, is your story going to hold up to scrutiny on the immigrant intent issue?
We did know each other. We arent from the same place. Not engaged. Her reason - travel, see the country. She stayed various places, including other peoples (not mine).
Well, If your marriage is real, Nothing bad will happen, Yes , she can stay after her I 94 gets expired if you file for I130/I 485. make sure you have all the documents of wedding. make sure you have a big gathering, Not a wedding in Vegas> LOL. with 10 people, and say i dont have money for a big wedding.
I-130/I-485 for a future spouse currently on B2