mat7200

I am a US citizen and I married a Person from Central America on 1/8/2004. We married in her country. She recently applied for a B2 tourist visa and was, amazingly, approved. Clearly, I am listed as the person she will be visiting. Assuming she comes to visit and is allowed to enter the US, at the port of entry, can we file the I-130/I-485 petitions when she arrives. Furthermore, can she stay? Also, we have not filed any paperwork for any type of spousal visa or anything else yet.

Hypertweeky

AOS from a B2 Visa?? Why didn't you guys apply for a K3??

Folinskyinla

Hi:

Did she apply for the visa AFTER you were married? If so, did she disclose your existence [the form asks]?

You may have bigger problems than you know.

Take a copy of that visa and all your documents and consult with an experienced immigration attorney.

Mtravelkay

mat7200 wrote:

    > I am a US citizen and I married a Person from Central America on
    > 1/8/2004. We married in her country. She recently applied for a B2
    > tourist visa and was, amazingly, approved. Assuming she comes to visit
    > and is allowed to enter the US, at the port of entry, can we file the
    > I-130/I-485 petitions when she arrives and then file an I-539 for
    > extending the B2-visa. Furthermore, can she stay? Also, we have not
    > filed any paperwork for any type of spousal visa or anything else yet.

If you files I-130/485, there is no need for the I-539 as the AOS filing
would stop the overstay clock.

Mtravelkay

Folinskyinla wrote:

    > Originally posted by mat7200
    >
    >>I am a US citizen and I
    >
    > married a Person from Central America on 1/8/2004. We married in her
    > country. She recently applied for a B2 tourist visa and was, amazingly,
    > approved. Assuming she comes to visit and is allowed to enter the US,
    > at the port of entry, can we file the I-130/I-485 petitions when she
    > arrives and then file an I-539 for extending the B2-visa. Furthermore,
    > can she stay? Also, we have not filed any paperwork for any type of
    > spousal visa or anything else yet.
    >
    >
    > Hi:
    >
    > Did she apply for
    > the visa AFTER you were married? If so, did she disclose your existence
    > [the form asks]?

The form even asks if you have a fiance.

mat7200

I am a US citizen and I married a person from Central America in January 2004. We married in Central America. She recently applied for a B2 tourist visa and was, amazingly, approved. I am listed as the person she will be visiting on her B2 Visa application. Assuming she comes to visit and is allowed to enter the US, at the port of entry, can we file the I-130/I-485 petitions when she arrives. Also, we have not filed any paperwork for the I-130 spousal visa as of yet.

Rete

There is no need for you to replicate your post 3 times. If you are unhappy with the answers your first post generated, then asking again will not change things.

I deleted your second post of the same verbage and decided to "merge" this third one of yours with your first.
Rete
Moderator

Mtravelkay

mat7200 wrote:

    > I am a US citizen and I married a person from Central America in January
    > 2004. We married in Central America. She recently applied for a B2
    > tourist visa and was, amazingly, approved. I am listed as the person she
    > will be visiting on her B2 Visa application. Assuming she comes to visit
    > and is allowed to enter the US, at the port of entry, can we file the
    > I-130/I-485 petitions when she arrives. Also, we have not filed any
    > paperwork for the I-130 spousal visa as of yet.
    >

Didn't you previously refer to her as your fiance?
Did you state that on the B-2 application?