Help please...On B2 - in US -about to get married..but..

[Dropkick 0]

Ok...please forgive me, I've done my best to wade through all the jargon and new lingo yet still find myself baffled and unclear what to do. Also, several issues at stake.

Met Russian girl online late last year

She had a one year multi entry b2 tourist visa (expired June 9th this year)

She had visited USA once last year for 3 months doing legit travel

This year she came for 2 weeks in January to see a friend

She came to see me for 5 weeks in April - we did massive traveling for 5 weeks

Went back to Russia for 2 weeks for us to have space and decide if we want to spend more time together - decided we did

She returned a week before visa expired (early June) and was given 6 month stamp - has to leave by dec 1

We've decided we want to get married (was NOT the intent when she came back, intent was to do another visit and spend more time together)

We've decided we want to get married as soon as we are past the 30/60/90 issue...is it 60 or 90 days by the way? Anyway, we want to do it middle of August which would put us around 75 days...

Question at this point... I've seen some references that even though you get a new I-94 duration stamp each time she enters, it might be bad to have her entire stay pass the 6 month mark even though it's spread out over different visits...any advice on that would be helpful.... Essentially, she already has 2 weeks from January, 5 weeks from mid April to end of May...so that's 7 weeks...so even though it says she can stay until dec 1st, maybe she really needs to leave 7 weeks prior to that? Thoughts?

Ok - more info and potential options...

We're not married yet, so, a K1 is still an option...downside is the separation of course but I could put her in Mexico after she has to leave and we could stay there while we wait for her interview in Moscow. Preference is to marry however.

I understand that it's possible to come in on a b2, get married and file for an AOS....as long as it wasn't the original intent....I think we qualify but I always get hung up on this because I think to myself, well...while it wasn't necessarily the intent, we certainly did want to spend time together and like any serious relationship see if we are right for each other...make sense? Again, I get confused a bit on "intent" -- seems like debating semantics. Could use some help on if we do qualify in a legit way.

By the way, another tidbit....my lease requires anyone who is staying here for more thN 2 weeks to be on th lease...knowing she was going to stay for probably 3-6 months while we saw if we're right for each other we put her on the lease after being here for a month....anyway, not sure if that hurts or helps in terms of proving cohabitation for a CR1.

So...We want to marry but we don't want to screw up either but like anyone, obviously we want to do the most efficient, fastest, least painful option.... I can afford an attorney but wonder if they can really do any more than all the incredible advice and experience you guys seem to pull together.

So what are our options and best chances?

Get married and then...

B2 to AOS with help of attorney? Will she be able to stay past time she's supposed to leave in that case?

B2 to CR1? Again, can she stay after dec 1?

If we do one of the above and it gets rejected - would we have to start over and would I have to have her live in Mexico for 6-10 months while we wait?

I know most of you will probably say just wait, don't get married, file the K1 - eat up 3-4 months of the wait time before ahe needs to leave and stay in Mexico for the last 2 months but I'm trying to find a way to see if we can get married and she doesn't have to leave at all. Am I dreaming? Is it possible? Am I missing some other options or potential good ideas?

Thank you so much for any help/advice you can provide.

-D

[Daniel&Theary 30]

Based on what you are posting I would say get married and file for adjustment of status even if she stays past her I94 date she would be forgiven and the receipt should keep her from being deported. Thats how it worked for my ex wife and I. We did not plan to marry when she came her but we married and filed for adjustment of status. Some may tell you to send her back and apply but I would not if it was not your intent to marry in the first place. It is not easy for the USCIS to prove you intended to marry. We married after only 3 weeks of her being her on Visitors visa and we had no problems at all. The only thing they asked is when we decided to marry We told them the truth we had gone to Reno for a weekend and just decided to Marry.

[Brother Hesekiel 2,236]

Anybody who has spent more than 180 days in any given calendar year in the United States is a resident for income tax purposes. Uncle Same doesn't care whether or not the person is a US citizen, an LPR, a foreigner, or an illegal immigrant.

That's the 180 days thingi.

The way you prescribe it, filing for AOS is indeed a viable option for you. You don't need an attorney for that. All you need is the ability to read forms thoroughly and enter the information required.

[Dropkick 0]

Ok...please forgive me, I've done my best to wade through all the jargon and new lingo yet still find myself baffled and unclear what to do. Also, several issues at stake.

Met Russian girl online late last year

She had a one year multi entry b2 tourist visa (expired June 9th this year)

She had visited USA once last year for 3 months doing legit travel

This year she came for 2 weeks in January to see a friend

She came to see me for 5 weeks in April - we did massive traveling for 5 weeks

Went back to Russia for 2 weeks for us to have space and decide if we want to spend more time together - decided we did

She returned a week before visa expired (early June) and was given 6 month stamp - has to leave by dec 1

We've decided we want to get married (was NOT the intent when she came back, intent was to do another visit and spend more time together)

We've decided we want to get married as soon as we are past the 30/60/90 issue...is it 60 or 90 days by the way? Anyway, we want to do it middle of August which would put us around 75 days...

Question at this point... I've seen some references that even though you get a new I-94 duration stamp each time she enters, it might be bad to have her entire stay pass the 6 month mark even though it's spread out over different visits...any advice on that would be helpful.... Essentially, she already has 2 weeks from January, 5 weeks from mid April to end of May...so that's 7 weeks...so even though it says she can stay until dec 1st, maybe she really needs to leave 7 weeks prior to that? Thoughts?

Ok - more info and potential options...

We're not married yet, so, a K1 is still an option...downside is the separation of course but I could put her in Mexico after she has to leave and we could stay there while we wait for her interview in Moscow. Preference is to marry however.

I understand that it's possible to come in on a b2, get married and file for an AOS....as long as it wasn't the original intent....I think we qualify but I always get hung up on this because I think to myself, well...while it wasn't necessarily the intent, we certainly did want to spend time together and like any serious relationship see if we are right for each other...make sense? Again, I get confused a bit on "intent" -- seems like debating semantics. Could use some help on if we do qualify in a legit way.

By the way, another tidbit....my lease requires anyone who is staying here for more thN 2 weeks to be on th lease...knowing she was going to stay for probably 3-6 months while we saw if we're right for each other we put her on the lease after being here for a month....anyway, not sure if that hurts or helps in terms of proving cohabitation for a CR1.

So...We want to marry but we don't want to screw up either but like anyone, obviously we want to do the most efficient, fastest, least painful option.... I can afford an attorney but wonder if they can really do any more than all the incredible advice and experience you guys seem to pull together.

So what are our options and best chances?

Get married and then...

B2 to AOS with help of attorney? Will she be able to stay past time she's supposed to leave in that case?

B2 to CR1? Again, can she stay after dec 1?

If we do one of the above and it gets rejected - would we have to start over and would I have to have her live in Mexico for 6-10 months while we wait?

I know most of you will probably say just wait, don't get married, file the K1 - eat up 3-4 months of the wait time before ahe needs to leave and stay in Mexico for the last 2 months but I'm trying to find a way to see if we can get married and she doesn't have to leave at all. Am I dreaming? Is it possible? Am I missing some other options or potential good ideas?

Thank you so much for any help/advice you can provide.

-D

[kzielu 1,149]

If there was no intent, I would marry then file for AOS. No attorney necessary IMO, unless there is something in your background that would warrant it.

K1 will be nowhere close to 2 months and being in Mexico can pose potential problems in obtaining documents needed from K1/CR1 beneficiary.

[Dropkick 0]

If there was no intent, I would marry then file for AOS. No attorney necessary IMO, unless there is something in your background that would warrant it.

K1 will be nowhere close to 2 months and being in Mexico can pose potential problems in obtaining documents needed from K1/CR1 beneficiary.

Sorry, I meant to say if we filed for K1 now, she has another 4 months before she needs to leave which would eat up some of that time during the K1 and then I hope/assume we would only need to keep her out of the country for 2-3 more months after that before the interview.

I keep coming back to problems of "intent" however.....seems so nebulous and vague.

[Dropkick 0]

Based on what you are posting I would say get married and file for adjustment of status even if she stays past her I94 date she would be forgiven and the receipt should keep her from being deported. Thats how it worked for my ex wife and I. We did not plan to marry when she came her but we married and filed for adjustment of status. Some may tell you to send her back and apply but I would not if it was not your intent to marry in the first place. It is not easy for the USCIS to prove you intended to marry. We married after only 3 weeks of her being her on Visitors visa and we had no problems at all. The only thing they asked is when we decided to marry We told them the truth we had gone to Reno for a weekend and just decided to Marry.

I keep coming back to the problem of intent ....seems so nebulous and vague ...

For example... She came to visit first time... Confirmed our feelings for each other....took a small 2 week break to see if we weren't just being crazy and decided to have her come back and spend more time as a couple and see how it goes living in a more "regular" fashion...I.e., not traveling around alot, etc... And we've decided you know what, this is right for us and now want to marry. Is that legit or could they say she didn't come back as a tourist but came back o see if we were compatible for marriage therefore not meeting the spirit of the visa?

[canadian_wife 1,827]

If pushed, then yes..the burden will be on you and her to prove she didn't have intentions of coming here to marry and adjust status

However, from what you describe, this shouldn't be an issue with adjustment of status

Oh, and don't 'put her in Mexico' - she may not want to go there. Besides, Mexico isn't the safest place these days and she may not even be permitted there for the duration of your visa process

Good luck

[Daniel&Theary 30]

I keep coming back to the problem of intent ....seems so nebulous and vague ...

For example... She came to visit first time... Confirmed our feelings for each other....took a small 2 week break to see if we weren't just being crazy and decided to have her come back and spend more time as a couple and see how it goes living in a more "regular" fashion...I.e., not traveling around alot, etc... And we've decided you know what, this is right for us and now want to marry. Is that legit or could they say she didn't come back as a tourist but came back o see if we were compatible for marriage therefore not meeting the spirit of the visa?

Intent was never really questioned for us they asked when we decided to marry we told them on a weekend trip to Reno. They dont care if you have a million dollar wedding as long as she did not cross the border with the purpose to marry and based on what you said she did not. I am only telling what happen with me and my ex wife. It is up to you to decide what is best for you.

[Harpa Timsah 13,258]

The 30/60/90 rule no longer exists. Don't pay any heed to someone who talks about it (especially a lawyer). There is no such rule anymore.

[Daniel&Theary 30]

If pushed, then yes..the burden will be on you and her to prove she didn't have intentions of coming here to marry and adjust status

However, from what you describe, this shouldn't be an issue with adjustment of status

Oh, and don't 'put her in Mexico' - she may not want to go there. Besides, Mexico isn't the safest place these days and she may not even be permitted there for the duration of your visa process

Good luck

Mexico only gives 30 day permission to stay. Thats what I have been given everytime I have gone there. I would agree not to put her in Mexico also. If money is no object and you want to be with her and do not want to just adjust status then maybe stay in Russia with her till approved.

[Dropkick 0]

Mexico only gives 30 day permission to stay. Thats what I have been given everytime I have gone there. I would agree not to put her in Mexico also. If money is no object and you want to be with her and do not want to just adjust status then maybe stay in Russia with her till approved.

Russians can get visas to Mexico in 48 hours filed online that last up to ten years now with very long, extended stays.

[Liz&Nate 23]

It really is up to you. Intent doesn't seem to be a problem and you can adjust from a B2. I was originally taking that route until a close friend of mine was denied AOS at the interview because she had been married after she entered the country with a B1/B2. The best I have been able to gather is that success really depends a lot on the interviewing officer. So in other words, it seems like you would be fine if you married and adjusted, but you are the one taking the risk so just consider K1 or CR1

[Andy and Pui 16]

Dropkick, I know there is an active poster on here who went the k-1 route and had his fiancee stay in Mexico while waiting for the for the interview to happen in Moscow. I am sure he will see this post. Good luck with your journey.

[Alex B 9]

Anybody who has spent more than 180 days in any given calendar year in the United States is a resident for income tax purposes. Uncle Same doesn't care whether or not the person is a US citizen, an LPR, a foreigner, or an illegal immigrant.

That's the 180 days thingi.

IIRC it's even worse than that. You get 50% credit for the prior year. So staying 100 days in one year, you're not a resident. Now you can only be in 130 days the following year before you trigger it. I got caught on this back in the mid '90s. I don't imagine it's changed.