Results 1 to 2 of 2
  1. #1
    Join Date
    Apr 2005
    Location
    Nevada
    Posts
    1

    Default Marrying out of status

    I have met a girl who is in the US with a k3 visa (fiance visa type for married couple) filed by her now husband. Marriage is not working out and she is getting a divorce before she even gets her green which would put her in a "no status". What happens if I married her, I'm a US citizen. Can I petition for her and have her remain here in the US.

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Marriage and Immigration

    You can't avoid immigration laws by marrying somebody who is out of status. The proper approach is to have her leave the country, and try to bring her back in on a fiancee visa, or to marry her outside of the country and to try to bring her back as a spouse.

    If there are domestic violence issues in her present marriage, she may be able to maintain some form of lawful status even after divorce.

    1. Sponsored Links
       

Similar Threads

  1. Marriage: F1 Visa Holder Marrying to Out of Status Man
    By lela90 in forum Visas for Business, Tourism and Family
    Replies: 2
    Last Post: 02-02-2009, 02:12 AM
  2. H Visas: Marrying on an H1-B Status
    By blackcapricorn in forum Visas for Business, Tourism and Family
    Replies: 3
    Last Post: 12-27-2008, 07:13 PM
  3. Unlawful Presence and Overstay: Out of Status and Marrying a Resident Alien
    By LittleGuy in forum Immigration Issues
    Replies: 3
    Last Post: 09-05-2008, 08:06 PM
  4. Marriage: Marrying an Immigrant With No Status
    By tmmo58 in forum Visas for Business, Tourism and Family
    Replies: 1
    Last Post: 01-07-2008, 07:58 AM
  5. Marriage: Marrying an Immigrant With No Status
    By butafly in forum Visas for Business, Tourism and Family
    Replies: 5
    Last Post: 05-22-2005, 01:54 PM
 
 
Sponsored Links

Legal Help, Information and Resources