B2 visa situation

[neyes_ice 0]

good day to all, i would like some advice regarding B2 visa. here is my situation, my girlfriend of almost 8 years went to the US almost four years ago, she is on a student visa and currently working on a EB-2 visa. this coming december would be my first time to apply for a B2 visa, my ties to my country is not that strong, i am a freelance architectural designer, i have traveled a few times abroad (SE asia) i can only fund my travel because my parents recently sold some property. i know it would be risky to try at this point but i need to do my part to make our relationship work. the plan is if i can go there before she files for EB-2 visa get married so i can be carried in with the process (if i ever get my B1 approved) +/- comments/advice are welcome. thanks

Edited October 27, 2009 by neyes_ice

[Brother Hesekiel 2,236]

I'm not 100% sure if I understand your question correctly. So you are in the Philippines, your girlfriend is in the USA, correct?

The way I've come to understand, it is rather difficult to get a B2 (B1 is business) visa for citizens of the Philippines. Applicants have to show strong ties to their country and a reason why they want to return. If you can't show such ties, you may have a difficult time to get a B2.

Then there is the issue with marrying your girlfriend while in the US on a B2. If your girlfriend is only in the US on a valid student visa, she couldn't even help you in any way to obtain an adjustment of status to permanent resident.

And even if she were a US citizen, doing so would be a violation of the visa and could carry serious consequences.

All you can hope for is visiting her, perhaps getting married, but then you'd have to return to the Philippines again. Would that be something you would want to do?

[Dancob 1]

I believe that you are a little bit confused about this, and your question is more related to the EB-2 Immigrant visa rather than the B1/B2 Business/Visitor’s visa.

The EB2 employment based green card is for individuals who are members of the professions with advanced degrees (any degree above a baccalaureate degree or a baccalaureate degree and at least 5 years progressive experience in the professions) or who have exceptional ability in the sciences, arts, or business who will substantially benefit the United States.

The EB2 process is as follows:

• The employer performs the labor certification or PERM process;

• The employer sponsors the employee for a green card; and then

• The employee adjust his or her status to permanent resident.

Everything depends in the type of profession that she has, if it is of national interest "as a Physician", probably labor certification is no required, but if she need a PERM then that normally takes around 180 days to a year to get approved, After PERM is approved, and having the EB-2 visas category current she could file her I-140 and I-485 Including yours, then wait few more months to get approved it.

During this time you are not going to get any benefits, or right to work, only until your application is approved.

Also, you could be questioned for entering the US to marry your fiancé and overstaying your visa.

Otherwise, you could marry her, go back to your country and file for a consular processing.