Change of status for marriage on B1 visa

[coolKid1984 1]

I have been looking through all the information on the forums and there is such an overwhelming amount that I have had a hard time finding information for our specific case. If people could help me with my questions, I would be very grateful.

I immigrated from Russia many years ago and have been an American citizen for a while. I've kept in touch with a friend through email. I've been inviting her to visit if she were ever planning on coming to the States again (she had been an exchange student here for a year when she was in high-school). In April, she decided to come out and visit her host family from years ago, her American friends, and me. After a few weeks here, we fell in love. It was not something either of us had planned on happening - the original plan was for her to go back to Russia after her visit. We decided that she stay so we can see if our love grows. It did even more. Last week I proposed and she accepted. She has roughly another month left on her I-94.

So here's the dilemma.

I do not want her to go back to Russia and get a K-1 because I can't bear to not see her for months while it's processed. We want to get married and change status.

I want to go a great wedding ceremony, which we would in no way be able to have before her I-94 ends. I've read though on the forums that she will be forgiven for overstaying when we do get married and apply for change of status. If that's the case, we would rather plan out the wedding and have it early next year. However, if it is much better to get married before the I-94 ends, we can have a simple civil ceremony before and then have a big "wedding party" in a few months. However, I am afraid that if we have a simple civil wedding now, and then have our interview before the "big wedding ceremony", this might seem suspicious to Immigration. What do you guys think we should do?

Also, once we do get married, can anyone who has gone through this exactly (spouse on tourist visa, getting married here, changing/adjusting status), tell me exactly what documents are needed to be filed? I am a little confused, as it seems some documents only apply to K1 visas and not this change of status.

Any advice on this is great appreciated.

[payxibka 10,045]

After the marriage you need to file I-130 & I-485 filed concurrently

[dutchmatt 1]

I can't answer all your questions but many people choose to have a simple courthouse wedding just to legally get married then have a big traditional wedding at a later point. The USCIS wont care about your wedding plans as long as you're legally married before you adjust your status. I terms of what to do next, I think she would just have to file the AOS forms that can be found here.

[john_and_marlene 162]

You should get married and file the I-130 and the Adjustment of Status before the I-94 expires. Otherwise, she is out of status and deportable after it expires. If she is in deportation proceedings before you get married, not even getting married will keep her here.

[Betti 1]

You should get married before her I-94 expires, because otherwise she will be out of status and could be deported. USCIS does not really care how big your wedding ceremony is, you just have to be able to proof that she intended to return to Russia when she entered the country (binding ties back in Russia? work contract, apartment lease?) and you will have to proof that your relationship is genuine.

For the AOS you will have to file the I-130, she has to file I-485. If she wants to get a work and/or travel permit before she receives the greencard, she will have to file the I-765 as well as I-131. Part of the I-485 is the medical exam I-693that needs to be included as well as G-325a. Please see the guides for more info or also www.uscis.gov. you can find all the current forms and directions on how to fill them out there!

Total cost for AOS is $1,010 plus the cost for the medical exam, in my case $230.

Good luck!

[coolKid1984 1]

Thank you for the responses. A couple more questions I have after reading the forms.

Is form I-864 required to be submitted? Do I need to get a letter from my employer?

In instructions for I-485, it says on the back of the submitted photo write your "Alien Registration Number". Is that a number my fiancee would have or does that not apply (based on entering on a tourist visa)?

Thanks again for your responses, they are very helpful.

[payxibka 10,045]

Thank you for the responses. A couple more questions I have after reading the forms.

Is form I-864 required to be submitted? Do I need to get a letter from my employer?

In instructions for I-485, it says on the back of the submitted photo write your "Alien Registration Number". Is that a number my fiancee would have or does that not apply (based on entering on a tourist visa)?

Thanks again for your responses, they are very helpful.

I-864 required... employment letter is one of several type of evidence you can supply

A# in your situation would currently be NONE

[Ms.Dawn 0]

Thank you for the responses. A couple more questions I have after reading the forms.

Is form I-864 required to be submitted? Do I need to get a letter from my employer?

In instructions for I-485, it says on the back of the submitted photo write your "Alien Registration Number". Is that a number my fiancee would have or does that not apply (based on entering on a tourist visa)?

Thanks again for your responses, they are very helpful.

I-864 required... employment letter is one of several type of evidence you can supply

A# in your situation would currently be NONE

I thought it is illegal to get married on a tourist visa? So what's the point of getting a K1 visa if this is allowed?

[payxibka 10,045]

Thank you for the responses. A couple more questions I have after reading the forms.

Is form I-864 required to be submitted? Do I need to get a letter from my employer?

In instructions for I-485, it says on the back of the submitted photo write your "Alien Registration Number". Is that a number my fiancee would have or does that not apply (based on entering on a tourist visa)?

Thanks again for your responses, they are very helpful.

I-864 required... employment letter is one of several type of evidence you can supply

A# in your situation would currently be NONE

I thought it is illegal to get married on a tourist visa? So what's the point of getting a K1 visa if this is allowed?

getting married is NOT illegal on a tourist visa... entering on a non-immigrant (such as a tourist) visa with the INTENTION to immigrate is. This is a important difference... It is all about intent at point of entry.