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  1. #1
    Join Date
    Jul 2007
    Location
    Bethpage, NY 11714
    Posts
    2

    Default What Issues Can Arise If I Marry a Foreign Student

    I am a 49 year old US Citizen living in New York, I've been dating a Chinese Student for 6 years, She's 40. She still does not have a green card, we want to get married. If we do marry, what issues will arise? Can She stay or will She be deported? She will graduate with Her MS in Nursing in Sept. 07.

    I do not want to loose her, what do you suggest?

    Thank you for your assistance in this matter.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: What Issues Can Arise If I Marry a Foreign Student

    She has status? (A student visa?) Then you can marry her and petition for adjustment of status based on marriage.

  3. #3
    Join Date
    Jul 2007
    Location
    Bethpage, NY 11714
    Posts
    2

    Default Re: What Issues Can Arise If I Marry a Foreign Student

    Thank you for your prompt assistance, one more question please. She does have a Student Visa, will She have to return to China and await the petition request?

    Thank you again for your assistance.

  4. #4
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: What Issues Can Arise If I Marry a Foreign Student

    If she has petitioned for adjustment of status on the basis of marriage, there could be negative immigration consequences if she returns to China while that petition is pending, and I would suggest consulting an immigration lawyer beforehand.

    If she does wish to return to China but to put off applying for adjustment of status on the basis of marriage, she should stay in status while in the United States. If you marry before she leaves, you can petition for her to come back to the U.S. on a spouse visa. If she returns before you marry, you can petition for her to come back on a fiancée visa.

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