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  1. #1
    Join Date
    Nov 2010
    Posts
    1

    Default B2 Visa Holder Wants to Marry a Non-U.S. Citizen

    Hello,

    Please pardon my excessive ignorance in these matters. I am a Canadian Citizen (and a US Legal Permanent Resident) and I wish to marry an Argentine Citizen.

    How can I do this?

    Is it OK for her to come visit on a B2 visitor visa and for us to get married?
    If so, then what do we do?
    - Does she leave as scheduled (inside 6 months) and come back later, on some different visa?
    - Do I file for change of status for her (I-130?)
    - Can she stay if I change her status? (I-485?)

    Please advise, thanks!

    -RH.

  2. #2
    Join Date
    Jan 2007
    Posts
    1,695

    Default Re: B2 Visa Holder Wants to Marry a Non-U.S. Citizen

    She has immigrant intent and would have a difficult time obtaining a visit visa.

    Since you are only a LPR, she would need to wait for her priority date to become current. Illegal presence would not be forgiven as would be if you were a US citizen. She would need to leave and reenter properly after consular processing.

    The proper thing to do is for you to go there, get married, file for her GC, she wait in her home country for priority date, go through consular processing as the spouse of LPR, and enter the US once GC is granted.

    Read the USCIS instructions for family based filings. If you do not understand the process, consult an attorney.

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