Can a Naturalized US Citizen marry a foreigner in the US?

[ichigo85 6]

I got a friend asking me if she can marry her bf while he is here visiting on a B2? The guy is already here, but they are not sure if that is even possible??? Anyone know??

[Que Saudade 284]

I got a friend asking me if she can marry her bf while he is here visiting on a B2? The guy is already here, but they are not sure if that is even possible??? Anyone know??

They can marry. But they still need to file CR1 for the guy to stay here. They will have to prove he did not come here on the B2 with the intent to immigrate. If USCIS determines differently, the guy can possibly incur a ban. I am assuming he did not come planning to stay. Soo, they get married here, he goes back before his I-94 expires and they start the CR1 process. http://www.visajourney.com/content/i130guide1

[ichigo85 6]

But can they just apply for AOS while he is here?

[ceadsearc 516]

But can they just apply for AOS while he is here?

Yes.

[Que Saudade 284]

Yes they can, but, if for any reason, USCIS thinks they are lying (fraud) he can incur a ban, potentially for life. I can only speak of the proper and legal way to immigrate here.

Edited July 31, 2012 by Que Saudade

[ValerieA 350]

Yes, AOS is possible as long as she is a US citizen. If they choose to go that route, they need to follow this guide:

AOS Guide

Note that it is important that he didn't make any false statements to the border guards when he entered.

[Que Saudade 284]

Ichigo, your spouse adjusted from a B2, correct?

Doesn't that make you already familiar with the process?

Edited July 31, 2012 by Que Saudade

[ichigo85 6]

Ichigo, your spouse adjusted from a B2, correct?

Doesn't that make you already familiar with the process?

Very fimilar.. But since my friend is "naturalized," I did not know if that made things more complicated for her.

[ValerieA 350]

Yes they can, but, if for any reason, USCIS thinks they are lying (fraud) he can incur a ban, potentially for life. I can only speak of the proper and legal way to immigrate here.

Adjusting status from a B-2 visa is legal.

[Que Saudade 284]

Naturalized citizen has same rights.

Adjusting status from a B-2 visa is legal.

Entering on B2 visa with intent to stay is not

[Penguin_ie 5,996]

Very fimilar.. But since my friend is "naturalized," I did not know if that made things more complicated for her.

The process is the same. It may be more difficult to get approved if, say, she naturalised due to marriage to another US citizen/ there is a recent divorce etc.

[asdfg 18]

I got a friend asking me if she can marry her bf while he is here visiting on a B2? The guy is already here, but they are not sure if that is even possible??? Anyone know??

Naturalized Citizens are not enjoying exactly same benefits and protections as born Citizens (NUSC can't be elected US President and etc.) , but as far as sponsoring the relatives concerned under INA it doesn't make a difference if the sponsor is born in US or is a naturalized Citizen.

Whether it is possible or not will depend on eligibility of the person and competence of USCIS officer adjudicating the case

Beware: some USCIS adjudicators/USCIS officers out there are undertrained and very poorly educated , with a high turn around rate and very low wages[27K for starters] making it nearly impossible to keep well qualified officers in the office. Tell your friend to make sure they are prepared to deal with such an agency in charge of deciding the outcome of the filed petition. Good luck.

Edited July 31, 2012 by asdfg