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Immigration Issues/Marriage to USC while on B2 visa

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Question
My fiance has proposed to me while I am in the US on a B2 visa. He is a US citizen. We want to get married as soon as possible and not wait for the long spouse visa processing.
Can we get married after my 60 days on B2 visa are up? Will I be able to apply for change of status to conditional green card and work authorization? Will I have to leave the US?
I have previously lived in the US as a student during two degree programs (that is how I met my fiance). We were also living together for part of my current US visit. Will this be a problem while applying for change of status?
What will I need to show to prove I didn't intend to immigrate?

Thank you.  

Answer
Hi,

Yes, it is normally safe to be married and for sponsorship paperwork to be filed if both events occur at least 60 days after entry to the U.S. Since both the immigrant petition and adjustment of status are being filed concurrently (along with related applications and supporting paperwork), you can continue to reside legally in the U.S. even after expiration of I-94. If at least 60 days expire after entry to the U.S. prior to bona fide marriage to a U.S. citizen, the focus on the marriage interview, when it is scheduled, will be on showing bona fide marriage only rather than other issues. Of course, it is assumed that there was no actual intent to marry a specific individual at time of your entry to the U.S. as a visitor, but that this decision was reached some time after your entry. We have additional information here: www.h1b1.com/Uscitizen.htm

You can call our law firm at 212-268-3580 during business hours or email info@h1b1.com for guidance.

Immigration Issues

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Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

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