I am a H1B visa holder, I and the F2 visa holder fell in love with each other, and want to marry. The F2 and F1 have agree to divorce. My question is if I can marry the F2 right after she divorce the F1 while technically she's out of status. Will our marriage be considered valid in United states? Can she adjust her statu to H4 in U.S. or she has to go back to her country and apply a H4 visa and re-enter?
Yes, you can marry her, and yes it will be valid in the US. Your last question requires more information to answer-- how long out of status?
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How long would she have been out of status at the time of marriage?
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You can immediate.y marry. Whether she can apply for COS in the US to H-4 will depend on how long she is out of status.
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She is not out of status even technically until she divorces, if she wants to change her status without leaving the USA, make sure you marry her very soon (like the next day) and on the day of new marriage file the COS I-539.
Legality of your marriage will not be affected by the immigration status. You should file change of status ASAP. Best Wishes!
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