lowandbehold

Hi there

I really hope someone can help me with this?

I came to the US earlier this year (I am a UK citizen) on a B1/B2 visa, to go travelling across the US for six months. In my first four weeks here I met a guy (I know, how predictable!) and prior to my six months being up, I applied for an extension. I am still awaiting the outcome of this (I applied around a month ago).... anyway, my boyfriend has just asked me to marry him. As happy as I am (I said yes), I'm in a total dilemma. Are we okay to marry? I shudder to think of what would happen should I return without marrying and have to wait for god knows how long.

Basically, we want to marry in the US. A really happy moment is now a little worrying.

Any help would great great.

Thanks.

Sarah.

Noorah101

Hi Sarah,

Yes, you are allowed to marry in the USA. You really need to have a 1-time consultation with an immigration lawyer to discuss your immigration options, though.

Rene

ian-mstm

Yes, you're okay to marry. I agree with Rene - have a chit chat with an immigration attorney to discuss your options... and don't leave the US without first speaking to an immigration attorney.

Ian

scrubbedexpat099

Just wondering what the basis of an extension request was, you do not mention any.

You may have limited opportunies to travel to the US unless you do go through the Immigation route.

lowandbehold

Hi there

My reason to stay was to see more of the US.

I'm confused though - I am already in the US so am not concerned about travelling out here - I need to know if i can now marry whilst in the situation I am in.

Noorah101

See posts number 2 and 3 of this thread.

Rene

fatbrit

Don't worry! Everyone's being coy because you've unknowingly pushed the forum's paranoid button. Search this forum for "10-foot pole" and you'll get some background.

You've really got all the choices still open but the clock is ticking quickly. Your B2 extension will surely be denied since you're not connected to tubes in an IC unit. So you need to decide which route you're taking pretty pronto.

Marriage is a state issue whereas immigration is a federal issue. So whether you can marry or not is up to the state in which you intend to carry out the deed. And there being 50 of them and a handful of bits and bobs, there's that many practices.

But I think your real question is about immigration. Choice of route depends on whether you want to be apart (and if so when), whether you don't mind being landlocked here for the next six months or so, whether it's ever been recorded you've been a naughty girl, your collective wealth status, and whether you're feeling lucky or not. All the information is on here -- but you're going to have to do some homework to find the methods and their advantages and disadvantages.

ian-mstm

Since you seemed a little anxious when you asked your question, I'm a bit surprised that it took you close to 2 weeks to respond.

Ian

lowandbehold

HI there

No, I don't mind being landlocked here for the next six months! My fiance is able to support me, I am just concerned as I haven't heard anything back yet on my extension.. but more importantly, I want to know that if we marry, we can then apply for a change of status. ie. I can apply as if I married on a B2 (not awaiting extension)... does this make sense?

Thanks!

Sarah.

lowandbehold

p.s. I've not got a criminal record, have a healthy bank account. Same goes for my prospective husband.

Noorah101

Yes. You can apply. Whether you are successful or not won't be known until you go for your AOS interview.

It's good that you don't have any criminal record. Your USC husband will need to meet the income requirements for the I-864 affidavit of support, or else have enough in the bank to use as an asset.

Rene

fatbrit

There's no need to wait for your extension application to come back with an almost certain refusal!

If you're definitely marrying and staying, do the deed and submit an AOS to secure your immigration status. If not, get your way home. But procrastination is most likely to lead to your downfall.