Getting married in US on B1/B2 & filing AOS

[threeoten 0]

Our situation:

• US citizen & a non US citizen, legitimate couple of about 2.5 years with evidence

• Her country of origin is Ireland, although she has never lived in Ireland she has a passport because of her parents, she grew up in Kenya but does not have a passport there

• She is currently in the US on a 10 year B1/B2 tourist visa and has been in the US several times in the past on this visa, as well as an M1 student visa

• Have never overstayed

• We were hoping to get 6 months stay in the US on this visa, but she was only given 2 months this time, due to the border officer perceiving that she had a “lack of funds”

• We did not intend to marry at the time of entering and thus we did not lie to CBP but now we’re realizing that marriage is really the only chance we have at staying together in the same place

• We want to get married very soon, before her stay ends (3 weeks from now) and also file for AOS before her stay expires

• We do not make very much income and will be using a co-sponsor

• In the past, I have been on government medical and food assistance

 

Questions:

• Considering that our circumstances changed and we decided to get married now here in the US, is it possible for us to stay in the US and start the AOS/green card process without her having to leave?

• The AOS process would extend beyond her allowed stay, is overstaying in this case a problem and would it be worth it to try and extend her status on the tourist visa because of it?

• Are we likely to have problems due to marrying on a tourist visa then filing for AOS, marrying within 60 days of entry, and/or going out of status while we’re waiting for AOS to go through?

• Will my (the US citizen) past use of government assistance and her “lack of funds” at the border be an issue of “public charge” concerns during the green card process, even if we have a very financially well off joint sponsor?

• Do you see any other issues with our circumstances and our approach?

 

Thank you for any advice that you have for us, it's much appreciated.

[Just Paul 4,595]

16 minutes ago, threeoten said:

Considering that our circumstances changed and we decided to get married now here in the US, is it possible for us to stay in the US and start the AOS/green card process without her having to leave?

Yes and she can stay or return to do consular processing.

 

16 minutes ago, threeoten said:

The AOS process would extend beyond her allowed stay, is overstaying in this case a problem and would it be worth it to try and extend her status on the tourist visa because of it?

Not an issue - don't bother with an extension.

17 minutes ago, threeoten said:

Will my (the US citizen) past use of government assistance and her “lack of funds” at the border be an issue of “public charge” concerns during the green card process, even if we have a very financially well off joint sponsor?

Not directly - but if you no not meet the I-864 requirement you will need a joint sponsor.   Also be aware that she needs to file an I-944

 

 

[threeoten 0]

3 hours ago, Paul & Mary said:

Also be aware that she needs to file an I-944

I can't imagine this would end up looking very good in her case. She doesn't have a lot of prior work history, as she was on a student visa for several years, and tourist visa for several years where she was not allowed to work. Also she is just young and doesn't have any job references from back home either. She doesn't have any assets really, no career path or higher education, and she doesn't have much money currently. I also don't make much right now. 

 

This is why we are needing a joint sponsor. Even with the joint sponsor, is this all likely to be a problem for us?

[Just Paul 4,595]

7 hours ago, threeoten said:

I can't imagine this would end up looking very good in her case.

I-944 is required to AOS.  Look at the current I-485 instructions.  Not needed form consular processing.