A straight up question, give it to me straight.

[T&T&T 31]

This is a process where you are guilty until you prove yourself innocent. Mistakes can cost more time apart.

[feito/feita 1]

This is a process where you are guilty until you prove yourself innocent. Mistakes can cost more time apart.

Exactly. and this is what i was trying to avoid. Information to avoid mistakes.

[David & Diana R 1,005]

You came here looking for ways to avoid having your gf leave the country. overstay her B2 visa... Looking for loopholes... Nobody here is going to tell you the best way to break the law.

I second that!!!

[William33 110]

are you incapable of reading?????

where in what i wrote did you read.... she entered with intent to say here???

I clearly stated..... 2. i want to explore the possibilities, and reprocussions, of her overstaying the current permission.

AND REMEMBER..... we have done absolutley nothing wrong!!!! she is here legally, she has intentions to return to her country within her allowed time. I AM ONLY ASKING QUESTIONS and getting advice.

second. i also CLEARLY stated... i am not looking for comments about legality......

so i ask nicely, if you have nothing productive to add, please just remain silent.

feito/feita,

VisaJourney is a website for legal immigration advice, therefore comments that discuss possible violations of the law are allowed and encouraged. We would caution you to not dismiss these comments out of hand, if you wish to remain within the VisaJourney Terms of Service (TOS).

Regards,

Visa Journey Moderation Team

[Franciscus 32]

Some people on this thread are actually saying that it is illegal to AOS from a B2 visa even with no prior intent. I think it is important that those comments are eliminated if possible, they mean nothing to people that know what the deal is, but they can make a lot of damage to newcomers.

[William33 110]

Some people on this thread are actually saying that it is illegal to AOS from a B2 visa even with no prior intent. I think it is important that those comments are eliminated if possible, they mean nothing to people that know what the deal is, but they can make a lot of damage to newcomers.

Franciscus,

Excellent point and we will review.

VisaJourney Moderation Team

[I AM NOT THAT GUY 5,715]

So much wrong information in this thread! As long as she entered the US legally, once you get married, you can adjust status. It is not cheating, it is all legal, and happens every day.

If your husband or wife, unmarried child under 21 years, or parent
is already in the United States after having entered legally, they can
apply to adjust their status to permanent resident at the same time
you file their I-130 petition.

http://www.uscis.gov/USCIS/Resources/A1en.pdf

[I AM NOT THAT GUY 5,715]

Franciscus,

Excellent point and we will review.

VisaJourney Moderation Team

It might help if the moderation team actually got together and reviewed this subject, as this comes up again and again. Move this sort of inquiry over to the Adjustment of Status from Work, Student, & Tourist Visas forum as soon as they are encountered.

[britishdakota 18]

Some people on this thread are actually saying that it is illegal to AOS from a B2 visa even with no prior intent. I think it is important that those comments are eliminated if possible, they mean nothing to people that know what the deal is, but they can make a lot of damage to newcomers.

You are right in that it is not illegal to AOS from B2.

I would think carefully about what your future spouse did before leaving that may point to intent, e.g. did she quit her job before she left etc. The most important part is misrepresentation, get to write down what questions she was asked at the border and if she got the B2 for this trip what questions were asked at the consulate.

In any event as you can tell people in this forum do not like adjustment of status from tourist visas. Like many others here I was in the position where I could have adjusted but decided to apply for consular processing to be on the safe side. I would suggest you ask the same question in the relevant forums: http://www.visajourney.com/forums/forum/130-adjustment-of-status-from-work-student-tourist-visas/

In any event I hope the process goes smoothly whatever you decide

[Jawaree 718]

Dude you can marry her here and let her go home,file

for a spouse visa, U both can freely visit

each other, there's no rush, many with kids

and homes they build together have to wait . If

so in love marry, but always know dude the past

can come back to bite you both, new laws,rules etc

Edited September 27, 2013 by Jawaree

[William33 110]

Several posts removed for judgmental commentary or inaccurate information.

VJ Moderation Team

[William33 110]

It might help if the moderation team actually got together and reviewed this subject, as this comes up again and again. Move this sort of inquiry over to the Adjustment of Status from Work, Student, & Tourist Visas forum as soon as they are encountered.

The Patriot,

We will take this topic up in our next Moderation meeting. Thank you for bringing the repetitive nature of this issue forward.

Regards,

VisaJourney Moderation Team

[feito/feita 1]

Several posts removed for judgmental commentary or inaccurate information.

VJ Moderation Team

thank you Mod.

I have tried to say but i guess i am being misunderstood.

I am an absolute newcomer to this process. i come here only to find accurate info. the pro's and cons to her staying vs return home and wait for k1. I know NOTHING of the process. only i ask for straight up advice, and opinion. In none of the post did i ask how to do anything illegally, i only ask for the reprocussions to understand the visa process. how would it affect us later in other words. I was about to leave this site when i read the last 4 post. thanks all. i will reply to each.

[feito/feita 1]

You are right in that it is not illegal to AOS from B2.

I would think carefully about what your future spouse did before leaving that may point to intent, e.g. did she quit her job before she left etc. The most important part is misrepresentation, get to write down what questions she was asked at the border and if she got the B2 for this trip what questions were asked at the consulate.

In any event as you can tell people in this forum do not like adjustment of status from tourist visas. Like many others here I was in the position where I could have adjusted but decided to apply for consular processing to be on the safe side. I would suggest you ask the same question in the relevant forums: http://www.visajourney.com/forums/forum/130-adjustment-of-status-from-work-student-tourist-visas/

In any event I hope the process goes smoothly whatever you decide

Thank you for your post.

she had every intention to return, she sold nothing, she only took a leave from her job. she told the customs agent at entry she was visiting friends, and taking a rest from a demanding job. (as i understand it)

It is not writtent in stone that we will marry now. perhaps later, but i wanted to know what were the LEGAL oprions, and reprocussions if she stayed beyond the time alloted on this trip.

[feito/feita 1]

So much wrong information in this thread! As long as she entered the US legally, once you get married, you can adjust status. It is not cheating, it is all legal, and happens every day.

Thank you !!!