AOS from B-1 Visa?

[hrothgarr 0]

I met my French (Tahitian) girlfriend in Spain while studying abroad in 2008. We've flown to see each other many times since then. She has been studying in the States since August on a B-1 visa through a graduate program and we've been living together during this time. She will graduate and leave in May of this year. Is there any way to adjust her status, or is that too risky considering the tricky nature of "intent"? I figured that AOS is mainly for foreigners who came to the states and THEN met their future spouse, not for foreigners who were already dating an American and came on a student/B-1/tourist visa and then want to marry.

Would it make more sense to go with a K-1 or try AOS? If we did go with a K-1, could we apply for it now while she is still here and on the B-1? I would just like to save as much time as possible.

Edited March 19, 2012 by hrothgarr

[Harpa Timsah 13,258]

Aos would be okay... but a B-1 visa? Really? B-1 is given 6 months maximum stay at a time, and is for business purposes, not studying...

[ceadsearc 516]

Aos would be okay... but a B-1 visa? Really? B-1 is given 6 months maximum stay at a time, and is for business purposes, not studying...

My thoughts as well. Are you sure it's a B-1 and not F-1?

[hrothgarr 0]

She is in a brand new graduate business school exchange program and for some reason they bring French students over on B-1's, don't ask me why. They have to get an extension after the six months to be here for the whole academic year. It confuses the hell out of the Immigration officers at the airports.

I'm still not sure that AOS is the best option because they might think that she had the intention of getting married on the B-1 considering she already knew me. It just sounds risky is all.

[ceadsearc 516]

They might but if that wasn't the intent you should be fine. Intent alone isn't used to deny. You could also get married, file for a CR-1, she would return in May as scheduled and probably have another 5 or so months before being granted her visa and returning, if AOS concerns you. But you are within your legal rights to AOS while she is here.