Asked on Dec 27th, 2010 on Immigration - California
More details to this question:
I came to the US with a B2 visa and I have 6 months entry, I want to get married with my Girl Friend and she is a green card holder, but she made the U.S citizenship test and she passed it and she still waiting for the Oath Ceremony. My question is if I marry her now, what will be my legal status, shall I stay here after the 6 months or get back to my country? What can I do, please advise me?
Just getting married by itself does not change your status. A green card spouse may file an I-130 (first stage of permanent residency ("PR") ) for their spouse without you leaving the U.S.; HOWEVER, just by filing an I-130 does not give you the right to remain in the U.S to await a current Priority Date and ability to file the second stage of the permanent residency. You will need to continue to maintain some nonimmigrant status until it is time to file the second stage of PR. Another concern is that the B-2 is a type of nonimmigrant which requires you to show nonimmigrant intent - filing an I-130 shows immigrant intent so it would be best to also change to another nonimmigrant classification which permits dual intent.
Issues are complicated and should be discussed in more depth with an immigration attorney to determine the best and safest strategy after knowing your qualifications, goals, etc. You may arrange a consultation by contacting me.
After your marriage and her naturalization, she can petition for you and you can file the adjustment status application before your B-2 status expires. During the adjustment application pending period, you can stay in the US waiting for the final result. With the help of a qualified attorney, you will have the peace of mind.
You have no legal status by virtue of marrying your girlfriend. Once married she has to file an petition for you, and once she is a U.S. Citizen you have to apply for a Green Card. If your girlfriend becomes a U.S. Citizen you can remain in the U.S. after your B2 status expires and apply for your Green Card in the U.S.. If she does not become a U.S. Citizen, then you will have to depart the U.S.
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