Getting married, please help?

[shazerco 0]

Hi, I am new on here, so im sorry if this has already been asked/answered before...

I am here on a B1 working visa, I am from England and I work as a nanny for an English family who are out here working. They have brought me to America to continue looking after their children while they are based in California for the next 3 years. My visa is only valid for 6 months at a time and so far I have been living here legally for 15 months. Basically I was here for 3 months, then we went back to england for 3 wks, then when I got back here I was given another 6 months stamp, but 4 months later we travelled back to England again for 3 more weeks, and we have been back here again for almost 5 months now...Anyway, my current visa runs out at the beginning of feb and my employers have their lawyers getting me an extension that will run feb-aug 2012. This isn't a problem and I have been assured by the lawyers that the extension will be granted in the next few weeks. Bascially as long as I continue working for this family and they are here, I can continue to be here.

However, my boyfriend of almost a year, who is an American citizen, proposed to me at Christmas!! We cant wait to get married, and want to do it sooner rather than later. So my question is:

1. With my current visa, and the extension just around the corner, is it better for us to get married now before the extension begins or can we wait til after the extension start or does it not make a difference?

I have read a lot on visa fraud recently and the fact we have only just got engaged and I have been here for 5 months already shows that I didn't enter the US with hidden intentions and when the extension was applied for, we were in a serious relationship but nothing more. However I don't know whether if I get married soon after the extension begins it could be misconstrued as I applied for the wrong visa or applied for the extension with marriage in mind and should have applied for a different visa? So with all this in mind, should we push the wedding forward and do it before the visa runs out at the start of feb? The actual date of the wedding isnt as important to us as the marriage itself so whether it happens a few weeks earlier or later its not a big deal. Making sure I do everything legally is a big deal!! (We plan on going to las vegas anyway for the wedding so its not like we need a long time to make all the arrangements).

Also, my employers are planning on traveling to england again for 3 week in April.

So question 2. We will definitely be married before April, and will have applied for the change in status by then so does anyone know whether I can legally travel/leave and re-enter the country while waiting for this change of status to arrive? and how long does it take to arrive? I would hate to leave the country with them and then be denied re-entry!!

Any advise is greatly welcome....

[VanessaTony 3,567]

Long story short. Marry ASAP. File for I-130 and I-485. You should have AP by April and then you can leave. Hopefully you'll have your GC by then but at least you'll have AP (travel document).

You need to marry BEFORE you leave in April because you would be entering with immigrant intent the next time you enter. that would be fine if you're already married and have filed for AOS and have a GC or AP but you can't enter on the VWP.

Someone can correct me if i'm wrong here but... I think you are currently abusing your visa because normally you're supposed to stay outside of the US longer than you're in the US. You are running the risk of being denied entry.

Have a look at the guides to AOS (adjust status) whilst in the US.

[Penguin_ie 5,996]

*** Moving from K1 to AOS from Tourist visa as that is OP's intention ****

[milimelo 4,562]

Long story short. Marry ASAP. File for I-130 and I-485. You should have AP by April and then you can leave. Hopefully you'll have your GC by then but at least you'll have AP (travel document).

You need to marry BEFORE you leave in April because you would be entering with immigrant intent the next time you enter. that would be fine if you're already married and have filed for AOS and have a GC or AP but you can't enter on the VWP.

Someone can correct me if i'm wrong here but... I think you are currently abusing your visa because normally you're supposed to stay outside of the US longer than you're in the US. You are running the risk of being denied entry.

Have a look at the guides to AOS (adjust status) whilst in the US.

Don't think she's abusing the visa - employers (British couple) probably provided proof she worked for them as a baby-sitter for at least a year before, prevailing wage and accommodation for her before she was issued this type of B-1. In essence, she's their caregiver for children (domestic help if you want to call it that way). As long as they are in the country and she obeys the I-94 she is fine - max they give out is 6 months but it seems they'll do the extension for another 6 months (if it's accepted and approved by USCIS).

[shazerco 0]

Hi, thanks for your responses, yes, I worked for the family in England before they were offered the job here so I am on the domestic help visa, meaning I was granted the visa under consistency of care with the children and i can continue reapplying for the B1 visa as long as I continue working with them, however I met my soul mate here and now want to marry him and continue working for these children at the same time. I understand we need to be married before April or I would need to re enter under the k1 fiancé visa because my intent would change, but does anyone know whether the same thing applys to the extension I am getting in feb? Do we need to marry before that comes into effect? Or notify someone of the engagement? Thanks