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GC holder marrying B1/B2 spouse

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  • GC holder marrying B1/B2 spouse

    Hi all, I am a US permanent resident since 2003 and have been visiting US every year from 2003 til 2009 to keep my green card active. I stayed in US for a year in 2009 and then I went back to my home country. I returned in April 2011 and I have maintained a continued residence since then. I am looking to marry a B1/B2 visa holder. She got her 5 year multiple entry B1/B2 visa in August 2011 for her exams and have visited US twice in November 2011(4 months stay) and May 2012(5 months stay); she got 6 months entry on her I-94 both times. She plans to come again to US in early 2013. I have few questions:

    1. Does it hurt if she visits USA on non-immigrant B1/B2 visa next year and marries me (immigration intent)? Or we should get married in our home country and then file for immigration.

    2. Once I marry her and file for her immigration using I-130, can she keep on visiting US on her B1/B2 visa till her I-130 gets approved and we can file for change of status (1-485) after approval of I-130? Or she cannot come back to USA using non-immigrant B1/B2 visa if she marries me (immigration intent).

    3. Any idea when can I apply for naturalization, hoping it can help the immigration?

    Any help would be really appreciated. Thanks.

  • #2
    1. You need to get married in the home country.
    2. As long as she already has valid B1/B2, she can visit the U.S. You can file her I-485 only after I-130 is approved and when the priority date is current. Currently, there is about 5 years wait.
    3. Look at the US citizenship eligibility calculator at http://www.immihelp.com/us-citizensh...ty-calculator/ It will tell you when you can apply.
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    No legal advice. Use at your own risk.

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