QUESTION
Can I marry my Filipina girlfriend when she visits here on a B2 visa so she won't need to go back to her country?
Asked on Oct 19th, 2013 on Immigration - Michigan
More details to this question:
My girlfriend is coming to the US on a b2 visa. We have been together for 2 years now. She filed for divorce, her spouse cannot be located. If her divorce is granted and she comes here, can I marry her so that she won't go back to her country? What steps do I need to do? Please help me. I am a US citizen.
8 ANSWERS
You can marry her once she is in the US but you should not do so until she has been here for at least 90 days.
Answered on Oct 23rd, 2013 at 2:59 PM
Immigration Attorney serving Arlington, TX
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Law Office of Pho Ethan Tran, PLLC
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If the divorce is granted and she is able to enter the US as a visitor, you can petition for your girlfriend on form I-130 after you are married and she can apply for adjustment of status concurrently on form I-485.
Answered on Oct 21st, 2013 at 5:16 PM
No. If you're intentions are to marry her in the US, go for a K-1 visa, not a B-2 visa.
Answered on Oct 21st, 2013 at 1:32 PM
3 Awards
This is a bit complicated because you are saying that you have an intent to marry. This means that her entry is not really proper on the B-2 visa. However, if she is just coming to visit her friends and family (and you) and then, after 60 to 90 days, you/she decide to marry, it is another story.
Answered on Oct 21st, 2013 at 1:02 PM
Immigration Law Attorney serving San Francisco, CA
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Richard S. Kolomejec
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She can also file for divorce while she is in the U.S. visiting. Then you can marry her after the divorce is finalized and apply for her green card. The divorce will take about 6 months and the green card case takes about 3 months.
Answered on Oct 21st, 2013 at 1:02 PM
Immigration and Naturalization Attorney serving San Diego, CA
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Feldman Feldman & Associates, PC
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In theory yes but her intent can't be to come here and get married and stay at the time she enters on the B-2. If this intent is formed after she gets here then yes you can get married and complete the process for her permanent residency while she is here on the B-2.
Answered on Oct 21st, 2013 at 12:58 PM
Your girlfriend definitely needs to finalize her divorce before you get married, otherwise, your marriage in the U.S. will not be recognized as valid.She may also run into "immigrant intent" issues during the green card petition process if you marry right after she enters the U.S. on a B-2 visa. It is highly advisable to invest in a formal consultation with an immigration lawyer.
Answered on Oct 21st, 2013 at 12:57 PM
See an attorney to review all the facts. You should be able to file the I130 and I-485 together.
Answered on Oct 21st, 2013 at 12:45 PM