A straight up question, give it to me straight.

[britishdakota 18]

reprocussions if she stayed beyond the time alloted on this trip.

Just to answer that last question, from my understanding overstay of under 6 months is forgiven for the spouses of USC when a greencard/immigrant visa is granted. If deportation proceedings were begun or a longer overstay then you would need a waiver. I suspect this would not be relevant though; if you adjust status before the stay expires (although I think you should wait a while I forget the presumption days for B2s) then overstay is not going to be an issue unless AOS is denied.

If you go for consular processing I would advise against overstaying. It can be a long process and an overstay now will mean she will likely have trouble visiting later on.

[atenea26 5]

Hi!

It is perfectly fine to marry her now and then file AOS without her having to go back to Mexico and wait there. I would do it all before her I-94 expires, otherwise she would be overstaying. You will need, however, to build up your case to prove you guys married "in the heat of the moment" and that she didn't entered the USA with intentions to marry you.

For it I would use for example:

- A copy of her ticket to fly back to Mexico as originally planned.

- If she has a job in Mexico, I would submit something like a copy of the contract, or a letter that says that she works there (I'm from Latin America myself and this is a standard document you can get from any employer). I guess it could help you show that she had stuff to go back to in Mexico and she had just come here to spend vacations. Makes sure it includes the date as of today, and how much money she was making.

- If you marry now make sure to do it simple, small and humble. Go to the courthouse, invite just a couple of closest family members and friends and have a normal dinner in a restaurant afterwards, or something like that. Document the whole thing. If it's a big, elaborated celebration, they won't believe you decided to get married overnight, but that you'd been planning this for a while and that can play against you. You can always have something bigger later.

All you need to do is be ready to convince them that you indeed decided to get married while she was already there. My husband and I got married in the US. I entered the country with the intention of doing it so using my B1/B2. We didn't get a K-1 because we were not going to stay there but we were going to move to Germany instead, immediately after the wedding.

When applying for my immigrant visa 2 months ago here in Frankfurt, they asked me how we got married in the US without me having a fiancee visa. We explained that we didn't considered it was necessary since we were not staying there after the wedding, but now we wanted to move. They said: it's fine, your visa is approve.

If you really didn't have plans in advance, just tell the truth when adjusting her status. I'm sure it happens often. Good luck!

[inlovesalem 17]

We filed for AOS. Long story short, I came for a visit (and that was all it was suppose to be) and he proposed 3 weeks before I was due to return. We married and then filed for AOS this month. 3 months after my B2 was up (took forever to get all our paperwork sent here, tracking down information etc).

I didn't enter with intent to marry. And don't have a guilty conscious for going this route either.

I had some bad experiences at border when visiting due to the type of employment I had in Canada, or not knowing I had to bring proof of ties when crossing, and the list goes on. So did we want to chance me going back and filing, and being denied next entry? nope. I stayed and adjusted from here.

A lot of people don't like hearing about this route on here, but the fact is, it's an option. If it wasn't, then, you wouldn't be allowed to apply for an AOS while in the US, would you?

Don't lie, fill everything out truthful, be honest at your interview.

Though one difference, when crossing I did tell the CO, that I was visiting my boyfriend (NOT friends). I've never lied at crossing, and well because I didn't lie, I got hauled aside twice...but never denied.

Good Luck, only you know what your intent was. And if you feel there was none, then don't be afraid to adjust. that's why they have that option

[feito/feita 1]

Hi!

All you need to do is be ready to convince them that you indeed decided to get married while she was already there. My husband and I got married in the US. I entered the country with the intention of doing it so using my B1/B2. We didn't get a K-1 because we were not going to stay there but we were going to move to Germany instead, immediately after the wedding.

When applying for my immigrant visa 2 months ago here in Frankfurt, they asked me how we got married in the US without me having a fiancee visa. We explained that we didn't considered it was necessary since we were not staying there after the wedding, but now we wanted to move. They said: it's fine, your visa is approve.

If you really didn't have plans in advance, just tell the truth when adjusting her status. I'm sure it happens often. Good luck!

Hi and thanks for your story, and advice.

[feito/feita 1]

We filed for AOS. Long story short, I came for a visit (and that was all it was suppose to be) and he proposed 3 weeks before I was due to return. We married and then filed for AOS this month. 3 months after my B2 was up (took forever to get all our paperwork sent here, tracking down information etc).

I didn't enter with intent to marry. And don't have a guilty conscious for going this route either.

I had some bad experiences at border when visiting due to the type of employment I had in Canada, or not knowing I had to bring proof of ties when crossing, and the list goes on. So did we want to chance me going back and filing, and being denied next entry? nope. I stayed and adjusted from here.

A lot of people don't like hearing about this route on here, but the fact is, it's an option. If it wasn't, then, you wouldn't be allowed to apply for an AOS while in the US, would you?

Don't lie, fill everything out truthful, be honest at your interview.

Though one difference, when crossing I did tell the CO, that I was visiting my boyfriend (NOT friends). I've never lied at crossing, and well because I didn't lie, I got hauled aside twice...but never denied.

Good Luck, only you know what your intent was. And if you feel there was none, then don't be afraid to adjust. that's why they have that option

Thanks, heres the deal... as i said in another post, the word "marriage' has of course been mentioned but there were no plans to get married. in fact.... i dont really want to marry again. (thus no plans) But i do care for her and i understand for here to stay it is a necessity

[Darnell 8,478]

since she crossed the border, at a POE, and not display intent to a US Government official on that day

then

IMO

she's a path available to her.

and

We've a Guide for That.

What news of your Guide Section Perusal?

[inlovesalem 17]

Thanks, heres the deal... as i said in another post, the word "marriage' has of course been mentioned but there were no plans to get married. in fact.... i dont really want to marry again. (thus no plans) But i do care for her and i understand for here to stay it is a necessity

Most relationships throw the word marriage around at some point before ever deciding to actually do it. Hubby of course has said to people I'm going to marry that woman someday....did we know that day would end up being on my last trip? NOPE! But we knew we loved each other enough to know it would eventually happen. Just happened sooner than later in our case.

[himher 634]

You can file for K1 while she is still here but she has to leave when her B2 is up. If you two knew each other before she came to the US then there is no way to marry her here and successfully AOS her. I know it sucks but you will have to be separate while the government processes her visa. All of us here had to go through it.

Nonsense

Edited September 27, 2013 by himher

[himher 634]

Hi and thanks for your story, and advice.

It is very common for couples to decide to get married when the non-USC is in the US for some other purpose. Just have a sensible explanation for how you came to the decision to marry ready in case you are interviewed.

It would probably be good to show that she had some level of ongoing ties back to her home country (like a job or home or school, etc) at the time of entry so that it doesn't LOOK like she entered with intention of never returning.

Things that possibly look bad:

She closed all of her accounts, pocketed her money, and left with everything

She brought all her stuff with her

She quit her job or school before leaving

Use common sense. Only you know the exact details but make sure that you have something that demonstrates that this was a last-minute decision and not a planned thing.

In truth the chances of scrutiny are low anyway, but preparation will save a lot of trouble later because they can decide that they think she entered with intention of marriage and put you through a lot of costly legal maneuvering that most of us would not have taken the chance to experience.

Whatever you decide good luck to both of you

[feito/feita 1]

It would probably be good to show that she had some level of ongoing ties back to her home country (like a job or home or school, etc) at the time of entry so that it doesn't LOOK like she entered with intention of never returning.

Things that possibly look bad:

She closed all of her accounts, pocketed her money, and left with everything

She brought all her stuff with her

She quit her job or school before leaving

thanks again, as i have stated many times, she intended, (and as of this moment still intends) to return. We are only wondering what would happen, and want to know how to proceed, if we did get married now.

She still has her job, her car, her house, her possessions, in mexico.

I do have a few concerns based on prior comments i wish someone could clear up. I have read referance to something in regards to the # of days she is/was here prior to marriage. Here is an example;

There is a guidance in one of the FAM's (I just read it on Monday, but I cant quote the exact one to you just now). But, the guidance was very clear on how a consular/adjudicating officer was to view an AOS petition if the applicant married within 30 days of arriving in the U.S on a B2 visa or after 60 days. There is also the 30/60 rule (more than 30 but less than 60 days) in that same FAM. Research it, it may bring some clarity into how you want to handle this.

what is an FAM..... where can i find the info this poster refers to?

Another conccern, i have read the a major concern when filing an AOS is misrepresentation..... when she entered she said she was visiting friends and taking time from a demanding job. because she didnt mention also a bf, is that considered a misrepresentation?

[sandrajackson 0]

point taken....... you should realize as well, accusations as you first wrote....."That's not cheating? Entering with the intent to marry and adjust on a visitor visa?" ........ were not only inncorrect but offensive to me.

people every day have this same question. i am looking for possibilities and solutions. the facts. then i can make an educated decision.

I travel to US with B1/B2 visa exp date 2021 and can remain in US for 6 months. As far as I understand she can apply for an extension on B1/B2 ,after marriage as long as her visa does not expire while you process i-130 and i-485. When she marries you, she becomes an immediate relative and a visa number is available to her without the waiting period. You can read about visa ext here. http://www.**.com/visitor-visa-extension/

[Franciscus 32]

thanks again, as i have stated many times, she intended, (and as of this moment still intends) to return. We are only wondering what would happen, and want to know how to proceed, if we did get married now.

She still has her job, her car, her house, her possessions, in mexico.

I do have a few concerns based on prior comments i wish someone could clear up. I have read referance to something in regards to the # of days she is/was here prior to marriage. Here is an example;

what is an FAM..... where can i find the info this poster refers to?

Another conccern, i have read the a major concern when filing an AOS is misrepresentation..... when she entered she said she was visiting friends and taking time from a demanding job. because she didnt mention also a bf, is that considered a misrepresentation?

1) Several senior, respected members of the forum have stated several times how the 30/60 day rule does not exist. Proof? Well, i would not know how to go about this (proving that something does not exist... I guess the burden of the proof is on the other side). I guess a good start would be: this is mentioned absolutely nowhere in the USCIS forms instructions. It would be really, really easy for them to say "you have to wait x days if not we don't approve". But they don't do it.

2) My understanding of misrepresentation is that they asked something and she told a lie (ie, are you gonna see a boyfriend in the US? "no"). But I'm no expert on this. This has been brought up a lot in the past, my suggestion is, search for "misrepresentation" on the forum search, you'll have a better idea.