after being here for 4 mos. we want to get married., prior to the visa expiration in Sept. Should we marry now and file for a change of status prior to the Sept visa expiration date? She is from Egypt and we want to begin a life together as husband & wife. What change of status should we file?
Or Should her brothers (naturalized US citizens) seek to extend her B1/B2 Visa for another six months and we then postpone the marriage for a few more moths?
As a US citizen, you could certainly sponsor her, but immigration authorities may be somewhat suspicious that you are considering marriage after such a short time. You would not be filing a change of status, but would be filing an immigrant petition and application for adjustment.
If you proceed, you will have to both prove that the marriage took place because you want to spend your lives together, not to help her with immigration. Even when a relationship if absolutely genuine, red flags (such as a short courtship, different backgrounds, ages, religions, etc...) will mean that the application could be subject to additional scrutiny and take years and significant expense to resolve.
You will want to talk to an immigration lawyer who is experienced in this area before doing anything. Best of luck.
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Yes, you can get married and seek an immigrant visa petition for her which would allow her to file for adjustment of status. Hire an immigration attorney, do not pursue it on your own.
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As long as you are a US citizen, you can file for after marriage. I agree with my colleague though that USCIS will want a lot of documentation based on how short you have known. It best to consult an attorney.
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If you are a US citizen, you do not need to file for a change of status after your marriage. You both can proceed immediately with adjustment process.
In addition to information provided in previous responses, note that generally a U.S. citizen may marry a foreign national who entered the U.S. lawfully and with inspection, and then may petition for the foreign national to "adjust status" to become a U.S. Lawful Permanent Resident (to get a "Green Card"). This may be accomplished while the foreign national is still in valid nonimmigrant status (such as B1/B2) or after expiration of that status, but doing so after expiration of the status may present some risks if the foreign national's status expiration were to come to the attention of immigration authorities.
Especially in light of the relatively short courtship and marriage relatively soon after having entered the U.S. on a visitor's visa, it would be wise to engage an immigration attorney to learn all of the relevant details about the foreign national and the couple in order to advise about immigration eligibilities, options and strategies, and if a marriage-based adjustment of status application is to be filed, to assure that it is properly prepared and fully documented.
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Intellectual Property Law Attorney
As my colleagues indicated, you can do as you indicated, before the visa expires.
To promote family unity, immigration law allows U.S. citizens to petition for certain qualified relatives to come and live permanently in the United States. Eligible immediate relatives include the U.S. citizen’s: Spouse.
U.S. citizens who want their relatives to immigrate to the United States can file a Form I-130, Petition for Alien Relative, for their spouses.
Concurrent filing is when an immigrant petition and the adjustment application (application for a green card, Form I-485, Application to Register Permanent Residence or Adjust Status) are filed at the same time and mailed together with all the required filing fees and supporting documentation to the same filing location.
Consult with an attorney.
This is not a legal advice or solicitation, and does not create an attorney-client relationship. Consult with an attorney. I work for Cardinal Risk Mangement and Cardinal Intellectual Property, IP service companies, but not law firms. I also am the president of Vepachedu Educational Foundation Inc., which is a non profit educational foundation. I also write cultural and scientific compliations for the foundation. I also teach at Northwestern university as a guest lecturer. I also provide some pro-bono guidance on immigration and other issues through Indian American Bar Association. I also have a contract with Cardinal Law Group, a law firm, for IP projects. All this information is on my profile at Avvo and also at Linkedin. Any views/opinions expressed in any context are my personal views in individual capacity only, and do not represent the views and opinions of any firm, client, or anyone else, and is not sponsored or endorsed by them in any way.
If she returns to Egypt, you should expect extreme delays and great difficulty helping her immigrate. You would be very well advised to do it here. I see no reason why to extend her status if you plan to get married while she is in status.
The above is intended only as general information, and does not constitute legal advice. You must speak with an attorney to discuss your individual case.
Extending the B is NOT a good idea .... especially if you're going to get married.
Meet with an attorney as-soon-as-possible.
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