My g/f from Costa Rica has a 10 year tourist visa. We want to get married here in the U.S, is she eligible?

[WilliamAndre 1]

History: She was given a B1/B2 tourist visa back in July 2012 for 10 years (what a lucky girl seriously). She came in late Nov and left early Jan. She'll be back in March, and we want to get married. She was allowed to stay until May of 2013 (from november).

If it's possible to get married here in the U.S, great. We want to get married here in California, but she has to go back to Costa Rica for work. She plans on coming back as soon as everything gets approved.

We'll (or I will) immediately file in a I-130 form after we get married so she can begin the process of consular processing while she's still back in Costa Rica. Consular processing is obtaining a green card outside of the U.S so I read. I also heard that it's faster and easier then adjusting status (and less expensive!).

According to:

http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=9c8aa6c515083210VgnVCM100000082ca60aRCRD&vgnextchannel=9c8aa6c515083210VgnVCM100000082ca60aRCRD

Her status will immediately turn to resident of the U.S after the immigration officer approves her entry.

My questions are basically will her tourist visa effect anything negatively? Can she get married here or strictly in Costa Rica to qualify for consular processing?

[Harpa Timsah 13,258]

She can get married in the US.

You can start the spousal visa path which begins with you the USC submitting a I-130 petition. She interviews in her country, and when approved, and gets an immigrant visa. When she enters the US she triggers her new Permanent Resident Status and her Greencard is mailed to her.

[WilliamAndre 1]

She can get married in the US.

You can start the spousal visa path which begins with you the USC submitting a I-130 petition. She interviews in her country, and when approved, and gets an immigrant visa. When she enters the US she triggers her new Permanent Resident Status and her Greencard is mailed to her.

Thanks for the kind reply.

So her current B2 visa can't help (speed up) the situation? Because what I have in mind is: we get married here in the U.S, the I-130 gets approved (I pray to God), she can immediately just come to the U.S (via B2 10 year visa). Or does the visa category have to be repeated? So in other words, what kind of visa does the consular processing require? Or it doesn't matter?

Edited February 8, 2013 by WilliamAndre

[Harpa Timsah 13,258]

B2 has nothing to do with it. You apply for the spousal visa the normal way. I-130 approval is just the first step in the process for a spousal visa. Look up in the guides for "spouse residing abroad" and start researching.

Any B2 travel is totally unrelated to the spousal visa process. A B2 visa is a nonimmigrant visa for visitors. She can get married on it, but trying to immigrate through the visa is fraud. She separately applies for a spousal visa.

[WilliamAndre 1]

Oh ok. Well that isn't good. Which is the appropriate visa?

Is her B2 visa still active even within the process?

Edited February 8, 2013 by WilliamAndre

[Boiler 45,949]

CR1

Yes

[WilliamAndre 1]

How much will everything end up costing roughly? I know that the I-130 form is $420. It'll be that plus the CR1 visa, anything else?

[Boiler 45,949]

Arm and leg.

I 130 is just the start of the process.

[WilliamAndre 1]

How much is the National Visa Center fee anyhow?