Getting married on a visit visa,or change status to F-1 student visa t

[JimS.]

Posted 01 November 2011 - 04:47 AM

 

I have a friend that is in America on a visit visa. She just had someone she has been friends with for a long time ask her to marry him. This was not planned and she had no idea he felt that way about her.

But can they marry and change her status on her visa since she is already in the States?

Or would she have to return to China and start the paperwork there???

 

 

Thank for all your help.

 

i need more help from you guys. so this friend again. is it easy for her to change visa status from B-2 tourist visa to F-1 student visa, then marry easier ? or just marry in the state with risk ?

 

her friend is thinking to get her advance parole/asylum(don't really know the differences between these two words) to make her remain in the states cuz she wants to stay in the united states , start over ,have a new life with her guy....she doesnt wanna leave now..

 

so which options is the best to make her stay in the states

 

1: marry with risk (unplaned)

2: change status from B-2 to F-1 ( have to enroll language school or university to obtain visa ,which one is better and faster? will it work to change the status?)

3: get advance parole ? (i heard if get this thing,she can stay in USA as long as she could. she could get a work card to work legally,but she might stuck here if failed)

 

 

what if she do student visa first,failed then marry, will it effect her to get a marrige visa later

or same here,if she do the advance parole first,it failed, then she try to marry then ,will it possible for her to get marriage visa ?

 

cuz she doesnt really wannt to risk to marry on a tourist visa..so here are the other options she got from friends ..

what to do ??

 

Thanks very much for all your help.

Edited November 3, 2011 by JimS. (see edit history)

[Randy W]

1. They can get married anytime, anywhere. There are no issues there whatsoever.

 

2. This guy better get his head screwed on straight. I wouldn't advise that she do anything other than leave the country once she's married until he does.

 

3. If # 2 doesn't work, reconsider # 1.

 

It may be a lot of fun to ask for free legal advice for a friend who can't get his facts straight, but I think he's already gotten more than he can handle.

[dnoblett]

#1 Was covered here: http://candleforlove...n-a-visit-visa/

 

#2 There's a high rate of denial for petitions to change status from B1/B2 to F1. There may be factors that make you ineligible to change your status; we aren't in a position to know. You have to file to change your status before your I-94 expires, you must already be accepted into an academic program, and your start date for classes must be within 30 days of the expiration date of your I-94. For information on becoming a student within the United States, An I-539 would need to be filed, http://www.uscis.gov...00048f3d6a1RCRD

 

#3 AP and EAD are parts of #1 above, they are applied for when filing an I-485 to adjust status, this would be part of the get married and adjust status scenario.. AP allows travel while waiting for status adjustment, EAD allows work before getting green-card. AP is ineffective, if have overstay longer than 6 months.

 

If it were me, I would go the get married route. Also denials on AOS are rare. A few things looked for are getting married very shortly after arrival, if had been visiting a month or so and then got married, this tends to be accepted.

Edited November 3, 2011 by dnoblett (see edit history)

[JimS.]

Thanks guys, with the advice here they are moving forward with the right choices I think.

Just wish I was in the States to sit down with them to help them thru this process. Or come here.

 

Any suggestions for a good immigration lawyer??? I gave them one, but he has not return their message they left him.

I tried doing a search, but keeps erroring out on me...

 

If can not post here, send me a PM with the info.

 

Thanks again

Edited November 4, 2011 by JimS. (see edit history)

[dnoblett]

Marc Ellis. AKA Ellis Island on this board.

 

http://www.marcellislaw.com/