Can i marry a F2 visa holder right after she divorce her F1?

Asked about 1 year ago - Indianapolis, IN

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?

Attorney answers (5)

  1. Giacomo Jacques Behar

    Pro

    Contributor Level 20

    6

    Lawyers agree

    Answered . 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.

    Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be... more
  2. Sergey Vladimirovich Makarov

    Contributor Level 14

    5

    Lawyers agree

    Answered . 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.

  3. John Grayson Davidson

    Pro

    Contributor Level 17

    3

    Lawyers agree

    1

    Answered . 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?

    Free Consultation Anywhere in USA | 626-399-4194 |ICannHelpYouNow.com | John1Davidson@gmail.com
  4. Kristin D Figueroa-Contreras

    Contributor Level 13

    3

    Lawyers agree

    Answered . How long would she have been out of status at the time of marriage?

    Please note, the above answer is for general informational purposes only. We are a full-service immigration... more
  5. Lalita Haran

    Contributor Level 14

    2

    Lawyers agree

    Answered . Legality of your marriage will not be affected by the immigration status. You should file change of status ASAP. Best Wishes!
    Lalita Haran
    Attorney: Immigration Law
    13295 Illinois St Ste 128
    Carmel IN 46032
    Ph: (317) 660-6174
    www.haranlaw.com

    Contact (317) 660-6174 for specific legal advice. Answers here are not legal advice because they are of general... more

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