Immigration Issues/immigration issue

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Question
my son is green card holder got through EB1 multinational executive /manager catagorey /was directly was applied 1-140/1-485 by us.employer.
going to marrey with her couson u.k citizen
Question
1)if she comes on B1 visa to usa and my son marrey with her/may she apply for 1-485 after marrey without leaving usa
2)if son goes to u.k and marrey with her/later on her spouse comes in usa on B1 visa/she can apply for 1-485 on basic of her husband is green card holder.
3)If case 1 and 2 is not allowed/is it adviseable that after enterning to usa on B1 visa and changed her status from B1 TO F1 student status and get marrey with my son /may she apply for 1-485 with out leaving usa
NEED YOUR GUIDE LINE/HOW WE CAN DEAL THIS SITUATION/WANTS FAST/EARLY--/not position to wait/
WE much believe on you/always----you help us/give best advise


Answer
Hi,

As long as your son get married before his I-485 is approved, his wife will be able to adjust status in the U.S. (if she is in the U.S. at that time) or else apply for immigrant visa directly at the Consulate without your son having to sponsor her under the F2 category: http://www.h1b1.com/sponsor.htm

She can enter on B1, and after marriage in the U.S. your son's wife can continue to remain in the U.S. assuming that the I-130/I-485 is filed before her I-94 expires.

I do not recommend that your son get married abroad and have his wife enter on B1 visa...since she has shown intention to immigrate to the U.S. based on marriage to a permanent resident, her entry to the U.S. might be denied.

Changing status from B1 to F1 is difficult...she may as well get married to your son after her entry to the U.S. She can study in the U.S. and receive employment authorization as well once her I-130/I-485 are filed. The above is contingent on the fact that the marriage takes place before your son's I-485 is approved.

Regards,
Ajay K. Arora, Esq.
www.h1b1.com  

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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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