Leaving the U.S. After Marriage to a Citizen

[benn5325]

I am in urgent need of some advice.
I have know this woman for a few years now, we did not meet until last year when we met twice. This year she came to the US for vacation again and we have since met several times.
She is a widow and I am divorced. I decided I want to marry this woman so last week we went ahead and got a marriage license. Two days ago she heard from her Sister that her mother has aggressive cancer and she needs to return home to be with her mother for a few months. I don't know what to do now. We were planning of getting married next week as her visa limit is only until Mid August.
Can she leave and come back if we take no action? Or is it better for us to go ahead and get married as planned. I don't want her to leave and then be stuck for 9 months without her....

[Disagreeable]

You were not clear on the visa she is here on now. If she is here on a visitors visa and you get married you fall into the situation of requiring a waiver to forgive a potential charge of falsifying the visa. Let her go home. File for a fiance visa.

[T53147]

I agree with Disagreeable.

If you do not want to wait on US immigration proceeding for your fiance/wife, marry someone without those requirements. If you marry, she can return home while you file for consular processing for a spouse. She will not be able to return on a tourist visa after you marry since she intends to remain in the US once she arrives. Since she expects to be in her home country for months, the additional time should not be an issue.

[llworking]

You were not clear on the visa she is here on now. If she is here on a visitors visa and you get married you fall into the situation of requiring a waiver to forgive a potential charge of falsifying the visa. Let her go home. File for a fiance visa.

I agree. Don't get married now. Wait and petition for a fiancé visa when she is prepared to return. If the laws haven't changed since I married my now ex husband, if you marry now and start the immigration paperwork and she leaves the country, it becomes exceedingly more complicated to get her back into the country. My then husband was told not to leave the country until he got his permanent green card. Of course, back then, 1986, his permanent green card arrived while we were on our honeymoon.