LPR Marrying A B1 Visa Holder

[funkymillah]

Hello,

I live in New Jersey.

My girlfriend just came to the US on a B1-Business Visa which is valid for 1 year (ends on April 2009).

She and I intend to get married within the next month or so (July 2008). I am a green card holder, have been for 2.5 years now. My questions:

1) Can I apply for a I-130 as soon as a I get married. Will this affect her B1 status?

2) I understand that you have to wait for a visa number to become current, which from what I've researched, takes 5 years. Now, if I apply for a I-130, is she allowed to stay in the US after her B1 Visa expires and wait till a visa number becomes current? If yes, am I required to file some other papers? If not, does she have to return to the home country and wait for the visa number to become current?

3) is an affidavit of support also required to file with I-130?

Any help and answers are appreciated.

Thanks

[LawResearcherMissy]

1) Yes you can file, no it will not affect her B1.

2) After her B1 expires, she has to leave the country until a number becomes available for her. (If you were a citizen, she could stay here.)

3) Yes.

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