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Hi,
I am a green card holder. I met a girl from China at work, who is visiting on a B visa for a 4-month long company training project. We have developed a relationship, and plans to get married. She can stay on her current visa for 6 months, and she is already 3 months in. Assume we get married tomorrow and file her 130 subsequently. According to the Visa Bulletin, there is about 1 year waiting time between 130 petition and 485 application for F2A Chinese nationals. Therefore, there will be about 9 months gap after her B visitor status expires and before she can turn in her 485 application. Does she have a legal status during that time period under 130 petition only? If not, what are the practical ways we can do to maintain her legal status? Thanks.
I am a green card holder. I met a girl from China at work, who is visiting on a B visa for a 4-month long company training project. We have developed a relationship, and plans to get married. She can stay on her current visa for 6 months, and she is already 3 months in. Assume we get married tomorrow and file her 130 subsequently. According to the Visa Bulletin, there is about 1 year waiting time between 130 petition and 485 application for F2A Chinese nationals. Therefore, there will be about 9 months gap after her B visitor status expires and before she can turn in her 485 application. Does she have a legal status during that time period under 130 petition only? If not, what are the practical ways we can do to maintain her legal status? Thanks.
