Using B1 to marry a citizen

[wonder37]

My friend wanna marry her boyfriend in states , he is a citizen. She only gets one month stay , can she wait and overstay after 3 months then got married ? Will the overstay become an issue to get the green card?

[peace999]

People do get green card adjustments thru marriage despite the overstay , but there is always some risk involved with it. Especially when you enter as a visitor with a premeditated intent
to do this. They will find this out during the green card interview.

in my opinion, it is best to do it the right way; enter the US using a fiancee K1 visa and then get married . Or
get married in US as a visitor then return home and wait for the immigrant visa at home.

both these routes take longer but they are safe.

[wonder37]

Using B1 to marry a citizen

Thanks for the reply but she doesn't wanna be apart for such a long time as the process always take one year or even longer ....

[rayb]

It doesn't "always" take a year or longer. But 8-12 months has been the average the last year or so. If she thinks that wait is a tough "bone to chew," ask her how she would feel about being turned around at the Port of Entry when she tells them she is coming to marry her American sweetheart (or tries not to tell them). I've had personal contact with a few Filipinas who were turned around from Portland and Detroit airports just because they couldn't lie very well. An experience like that, to be sent back to wherever she came from, without a shower and made to feel like a criminal, might make her have second thoughts about spending the rest of her life in America.

Though I would agree with Peace's advice that there is a certain risk involved with what you are planning, it does work for many. But from the State Department point of view, it is misuse of the visitor visa process to circumvent normal immigration requirements.

Frankly, however, it doesn't seem to be that big a deal during the Adjustment of Status interview by USCIS staff, UNLESS THEY BELIEVE THE MARRIAGE TO BE A SHAM TO JUST OBTAIN GREEN CARD STATUS.

--Ray B

Thanks for the reply but she doesn't wanna be apart for such a long time as the process always take one year or even longer ....