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Marriage while on B2 visa

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  • Marriage while on B2 visa

    I'm US citizen. My girlfriend of 2 years has B2 visa and she uses it to visit her family here since 2012.

    She also had Canadian visitor visa that she used to visit her cousins there. But there she was caught working illegally(stupid mistake) by Canadian Immigration and she was detained by them for 24 hours. After 2 weeks of this incident, they made her sign "Voluntary Departure" with condition that she must leave Canada within 72 hours.

    Right now she has come to USA to visit relatives on her B2 visa and we both wish to get married after 60 days and apply for Greencard. Her sister married her boyfriend last year while she was on B2 visa and right now her greencard is approved.

    Problem is that 2 lawyers I talked to told me that Canada and USA share Immigration data so by now USCIS knows whatever happened in Canada. And when I apply for her greencard, they will find out about her in background search.

    We both love each other a lot and wish to get married but we are worried that she might be denied and perhaps even banned and we will have to file for divorce.

    Is it advisable that we can file for greencard while she is here on B2 visa? or no because of whatever happened in Canada.

  • #2
    Unlawful presence and working without authorization aren't by themselves crimes in the United States, rather they are civil issues. I assume the same is in Canada. Assuming she has no criminal record, she will face no impediments to being granted permanent residence in the United States

    You both should get married (preferably soon & while she remains in status) then she should apply for adjustment of status. She should disclose all her issues on her forms

    It is true that CBP should have known about her Canadian immigration violations and used that information to infer that she presents a meaningful risk of violating her US B visa status. You should not gamble on her ever returning to the United States on a B or F visa

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    • #3
      Another problem now is, I'm unemployed. I'm not worried about sponsorship because my parents will be sponsoring. But the lawyer told me that I will need to show USCIS intermingling of our assets and bank accounts etc as husband and wife. But I have less than 1K in my bank account and I have no assets(my girlfriend also has no assets or bank balance). I live with my parents. Will this be a problem that I have no bank balance or assets to show as "intermingling of assets".

      Also,
      Does USCIS consider Gross income or Net income for co-sponsoring purposes? I don't have any income and my parents will be co-sponsoring.
      Last edited by bla123; 04-24-2017, 07:21 PM.

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