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Posted

People on a B2 visa who are in the US for vacation can have their spouse or fiance put in the immigrant visa paper work while they are still in the US. The person on the B2 will have to go back to their home country before their I-194 expires to do their interview.

If you're asking if switching from a B2 to a K1 is possible then no it is not.

Filed: Timeline
Posted

But if you or your fiance had no intent to marry upon the recent entry, and you guys want to marry in US, you can still marry and file for AOS. Again it is kinda risky unless you can prove you had no intent on the entry and give reasons why cannot you seek K1 or CR1. Just let you know the possibility though. Figure out that you know what you want to do already.

I think such a decision is called a 'mind change'....something that seems to occur with astonishing frequency, from those same folks who in the same breath claim they had 'no intention' of getting married....a very odd coincidence...

Filed: Timeline
Posted

That's why I put those ifs. I don't know their situation. And I don't want to know that much. Simply I dropped those lines just to let them know it can be a possibility if they meet those ifs. Such as no intent to marry and change status thereafter upon the original entry. Such as enough reasons in doing so and offer enough explanation which is convincing enough. For certain group of people, it works. Don't tell me you know no one marry and change status basing on B2. If you do tell me that, and I am not buying it. I personally know people meeting those ifs and change status thereafter the legal marriage. No lying.

It is something that Congress should END immediately...no more AOS from B2s, under any circumstances....if one miracuously 'falls in love' 5 minutes after clearing customs, then go back home and wait for the approved I-130; if one shows up as a tourist but then two minutes later decides he/she wishes to study in the US, go back home and get a student visa, etc, etc...halting all AOS would put a rapid end to mind changing right after baggage claim....and would not cost the US taxpayers a penny! Also, it would be good for the airlines...now, each arriving alien will have to buy two tickets if he/she wishes to return to the US to marry, go to school or work. A financial bonanza for cash strapped airline companies...

Filed: Timeline
Posted

Please start a new thread if you wish to discuss immigration change. Do not derail the OP's topic.

what i mean is that if she is here in USA under the b2 can she apply for the fiance(e) while still here.

Yes. But it's the US citizen who petitions for the beneficiary. Once that petition is approved, the beneficiary is then authorized to apply for the visa.

Also, as the others have said, there is also a process to adjust status from a B2 Visa but you'll want to read about that in the following forum to see if it's the right process for the two of you:

http://www.visajourney.com/forums/forum/130-adjustment-of-status-from-work-student-tourist-visas/

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