Visitor visa to Green card by marriage

[asma410]

Hi, my sister came to USA this April on a 10yr multiple entry B1/B2 visit visa. Her stay expires on October 24th. Her ticket to India is booked for October 17th. She got married to a US citizen few weeks back & is getting ready to apply for her green card. I understand she has to fill out I130, I485 & G325A forms. My question is if she has to go back after filing these forms as she cannot stay more than 6months on her visa. Or should she come back & apply for green card?

[rayb]

Your sister has three choices:

1. Submit all paperwork and stay here until she has her Green Card.
2. Submit I-130, then go home and be processed there for a spousal visa.
3. Submit I-130, then go home, then return to the U.S. and submit I-485 paperwork, if she is allowed back in with a petition in process.

--Ray B

Hi, my sister came to USA this April on a 10yr multiple entry B1/B2 visit visa. Her stay expires on October 24th. Her ticket to India is booked for October 17th. She got married to a US citizen few weeks back & is getting ready to apply for her green card. I understand she has to fill out I130, I485 & G325A forms. My question is if she has to go back after filing these forms as she cannot stay more than 6months on her visa. Or should she come back & apply for green card?

[bandk]

One more choice:

She can get AP then leave. Then she can visit India and come back and leave AOS intact.

[rayb]

There is a risk to using the Advance Parole while being converted from a B2 visa. If her allowable B2 visit time has expired, she can be considered a visa overstay and be refused reentry.

-Ray B

One more choice:

She can get AP then leave. Then she can visit India and come back and leave AOS intact.