Getting married on B1/B2 visa, not expected.

[jeffcloe 0]

Good Day VJ people, I need to ask 2 very important questions for my friend who went here in the US on a B1/B2 tourist visa.

She met a US citizen here, dated, became BF/GF, and they want to get married here in the US. Her visa expires April 30th, unexpectedly they decided to get married this weekend. Although she (my friend) has an option to just go back home to the Philippines and process K1 visa, the guy (US citizen) wants to marry her and apply for adjustment of status here... Been reading the step by step guides to file I-130 for a spouse inside the US.

Questions:

1. Do they need to file all the paper works before her visa expires?

2. Knowing they will just start their marriage, what are the evidences they can show as a proof of their bona fide marriage?

And please, any inputs and suggestions will be highly appreciated.

Thank you so much in advanced.

Cloe

[JohnR! 5,495]

They don't need to file the paperwork before her visa expires. Any overstay will be forgiven as she is marrying a US Citizen.

Here is the guide, if they decide to AOS stateside: http://www.visajourney.com/content/i130guide2

Congrats and good luck!

Edited April 15, 2015 by JohnR!

[jeffcloe 0]

That's good to know, thank you so much...

Do you guys advice that they should just go ahead and marry and do the AOS...

[JohnR! 5,495]

They can marry and AOS or they can wait until her K1 is approved for her to return to the US and marry him and then AOS. In their particular situation [and based on what you disclosed] one is not better or worse than the other, the difference being the amount of time they are going to spend separated if they go the K-1 route.

The decision is really theirs to make.

[jeffcloe 0]

Great input... Thank you very much!