Getting married and AOS with a B2 cohabiting visa
Apr 27th 2017, 6:47 pm
#1
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Thread Starter
Joined: Jun 2016
Posts: 34
Getting married and AOS with a B2 cohabiting visa
Hello everyone, I am back to this forum after a while. I received excellent feedback last time I asked a question so I was wondering if anyone can help me with this. I am on a H1B and my gf is currently here with a B2 cohabiting visa. She entered the US with me last summer and we went back to our Europe for Christmas so she has now been in the US since January 2017.
On January 2017, my employer started my application for a Green Card through the EB2 process. The PERM application was submitted on 1/31/2017 (Visa Priority Date) and has recently been approved. My employer has recently contacted me to confirm that they are almost ready to submit my I-140 form using the premium processing which, as far as I know, will be processed (and hopefully approved) in 15 working days.
Once the I-140 form will be approved (should be ready by the end of May), I will need to fill out the I-485 form. I was told that we need to get married before my I-485 is approved, otherwise the process for her to obtain a green card would be too long. Since the time for the I-485 to get approved can range from 2 weeks to 8 months, it's safer to get married before filing the I-485 so that she can apply for I-485, work authorization and advance parole at the same time. Now I have three different possibilities and I wonder which one is more convenient:
1) we get married in the US. In this case I was told she would not be allowed to travel until she receives the advance parole, which usually takes three months (is this correct?). We were planning to go back to Europe from end of May to early August but I think in this case we should cancel our trip. The main question in this case is whether her intent will be questioned given she entered on January for visiting purpose (although she does not have a standard tourist visa and her visa is linked to mine) and now we are getting married. Can she apply for adjustment of status if we decide to follow this route? Another potential issue with this solution is that her stamp expires on the 6th of June so even if we fill out everything before that date she should technically go back to Europe.
2) We get married in Europe, she applies for an H4 and she comes back with her new visa after our stay in Europe. Then we both fill the I-485 and she adjusts her status from the H4. This seems to be the least risky option, however the question here is whether 2 months would be sufficient for us to complete the whole process (getting married, apply for the H4, attend the interview and receive the visa).
3) We go to Europe, come back on August, get married in the US and apply for the adjustment of status. I guess this strategy is very risky as they could say she entered the US on a tourist visa having a different intent. This is definitely true for a standard B2 visa, but what about a B2 cohabiting?
I have talked with several people (including an attorney) but my impression is that with B2 cohabiting visa you are always in that kind of grey area where no one really knows what's gonna happen.
Thank you for your help.
On January 2017, my employer started my application for a Green Card through the EB2 process. The PERM application was submitted on 1/31/2017 (Visa Priority Date) and has recently been approved. My employer has recently contacted me to confirm that they are almost ready to submit my I-140 form using the premium processing which, as far as I know, will be processed (and hopefully approved) in 15 working days.
Once the I-140 form will be approved (should be ready by the end of May), I will need to fill out the I-485 form. I was told that we need to get married before my I-485 is approved, otherwise the process for her to obtain a green card would be too long. Since the time for the I-485 to get approved can range from 2 weeks to 8 months, it's safer to get married before filing the I-485 so that she can apply for I-485, work authorization and advance parole at the same time. Now I have three different possibilities and I wonder which one is more convenient:
1) we get married in the US. In this case I was told she would not be allowed to travel until she receives the advance parole, which usually takes three months (is this correct?). We were planning to go back to Europe from end of May to early August but I think in this case we should cancel our trip. The main question in this case is whether her intent will be questioned given she entered on January for visiting purpose (although she does not have a standard tourist visa and her visa is linked to mine) and now we are getting married. Can she apply for adjustment of status if we decide to follow this route? Another potential issue with this solution is that her stamp expires on the 6th of June so even if we fill out everything before that date she should technically go back to Europe.
2) We get married in Europe, she applies for an H4 and she comes back with her new visa after our stay in Europe. Then we both fill the I-485 and she adjusts her status from the H4. This seems to be the least risky option, however the question here is whether 2 months would be sufficient for us to complete the whole process (getting married, apply for the H4, attend the interview and receive the visa).
3) We go to Europe, come back on August, get married in the US and apply for the adjustment of status. I guess this strategy is very risky as they could say she entered the US on a tourist visa having a different intent. This is definitely true for a standard B2 visa, but what about a B2 cohabiting?
I have talked with several people (including an attorney) but my impression is that with B2 cohabiting visa you are always in that kind of grey area where no one really knows what's gonna happen.
Thank you for your help.
Apr 27th 2017, 9:50 pm
#2
Account Closed
Joined: Aug 2002
Location: Kentucky
Posts: 38,865
Re: Getting married and AOS with a B2 cohabiting visa
The one that works!
Correct, but she can travel on her B-2 visa at any point prior to filing the I-485... so perhaps it's simply better to delay filing.
Yes.
She'll receive a new I-94 when she returns to the US... however, once the I-485 is filed she is allowed to remain in the US under color of law until such time as the application is adjudicated regardless of how long that takes.
Once the I-485 paperwork is filed, she is allowed to remain in the US under color of law until such time as the application is adjudicated regardless of how long that takes.
I agree... it could be risky.
Ian
1) we get married in the US. In this case I was told she would not be allowed to travel until she receives the advance parole, which usually takes three months (is this correct?).
Can she apply for adjustment of status if we decide to follow this route?
Another potential issue with this solution is that her stamp expires on the 6th of June so even if we fill out everything before that date she should technically go back to Europe.
2) We get married in Europe, she applies for an H4 and she comes back with her new visa after our stay in Europe. Then we both fill the I-485 and she adjusts her status from the H4. This seems to be the least risky option, however the question here is whether 2 months would be sufficient for us to complete the whole process (getting married, apply for the H4, attend the interview and receive the visa).
3) We go to Europe, come back on August, get married in the US and apply for the adjustment of status. I guess this strategy is very risky as they could say she entered the US on a tourist visa having a different intent. This is definitely true for a standard B2 visa, but what about a B2 cohabiting?
Ian
Apr 27th 2017, 9:53 pm
#3
BE Forum Addict
Joined: Apr 2010
Posts: 1,157
Re: Getting married and AOS with a B2 cohabiting visa
2) We get married in Europe, she applies for an H4 and she comes back with her new visa after our stay in Europe. Then we both fill the I-485 and she adjusts her status from the H4. This seems to be the least risky option, however the question here is whether 2 months would be sufficient for us to complete the whole process (getting married, apply for the H4, attend the interview and receive the visa).
I think the easiest option is to split the difference: get married in the US, travel to Europe, apply for an H-4, come back, file AOS. In other words, cut out any time delay in your destination country related to the marriage. This should help alleviate your worry about option (2).
