Hi, my name is Kim & I will be happy to answer your question.
The short answer to your B visa question is: No, you may not apply to adjust status here in the US from a B visitor visa. However, there are other ways to bring your spouse to the US with a Green Card.
If you and your fiance are planning to marry in Estonia, she will have to wait in Estonia and complete consular processing before she comes to the US with her I-551 green card stamp.
What happens is that after you marry in Estonia, then you, the US citizenspouse will file the I-130 petition for alien relative with the USCIS (either from the US or abroad depending on how long you are planning on staying in Estonia). Thefiling fee is $420. On the form you will mark that she will go through consularprocessing.
After the I-130 is approved by USCIS, then the National Visa Center (NVC) will begin to process her visa. Visa fees will need to be paid to the NVC with an I-864 Affidavit of Support. Your spouse will need to have a medical exam, a police clearance, andwill be invited to an interview at the US consulate. The US consulate will lether know what documents they require.
After everything is approved, and as long as she is otherwise admissible to the US, then she will be issued an I-551 stamp in her passport indicating that she is a LegalPermanent Resident. Then she must come to the US within a short time framethereafter. She can enter the US with the stamp in her passport and will receivethe conditional green card in the mail at your home address a short whilelater.
However, if you decide the marry in the US, then there is the option of filing the I-129F for Alien Fianceée and then your fiancéée will enter on a K-visa. The K- visa states she must marry the Petitioner (you) within 90 days of entry into the US or she must return to her home country. Immediately after the marriage then you will file the I-130 Petition for Alien Relative along with the I-485 Adjustment of Status, I-765application for work authorization, & I-131 application for travel document-advanceparole. After these are approved, she will be issued her green card here in theUS.
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Please feel free to ask any follow up questions you may have. I am happy to help.
Although you may file your petitions this way, I can not recommend entering the US and adjusting status from a B visitor visa. Although she will have entered legally, a B visa does not have "duel intent" -- that is, the type of non-immigrant visa issued by the government that allows a person to adjust from non-immigrant to immigrant (ex: HB1 is a duel intent visa--a non-immigrant visa that is allowed to adjust to immigrant status). When a person enters the country on a B visa, the intent is that the person will only be staying temporarily and not intending to stay permanently. At that time, it could be construed to be immigration fraud because at the time she entered the US on the B visa, she was already married to a US citizen an intended to stay and live her permanently. In the interview with the USCIS for her green card, the USCIS officer will see that she entered as a B visa holder already married. They will ask about it.
The procedure that the USCIS prefers is that a person married to the US citizen enter the country as a legal permanent resident.
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