cross country with Visitor visa

[Ryan M]

Hello,

 

My EB2-India priority date March 2016. I'm dating with my friend's colleague who is from Philipphines  and visitng here from last 3 months on Tourists visa. We are thinking for court marriage. Are we eligible to file AOS/I-485 based cross country chargability? Do you see any problems, especially when she is on B1/B2 visa? or we are good to go ahead?

Thanks

[pontevecchio]

You should discuss the matter with a Lawyer and then take his guidance.

[Attorney_15]

Generally, if someone enters on a B1/B2 visa and then gets married and files for a Green Card while in the U.S., the nature of the marriage and relationship will be questioned to determine whether the marriage was entered into in good faith and whether the intent at the time of B Visa entry was actually temporary and not a way around immigration restrictions. As the actual application of these general ideas varies in actual cases, it is usually a good idea to consult with an attorney.