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

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?

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Attorney answers 5

Posted

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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Asker

Posted

The divorce of the F2 and F1 has not finalized yet, I will marry her immediately after the divorce is finalized. how many days will she be allowed staying with me in U.S. before I file COS for her? I will file the COS the next day after we marry

Posted

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 and criminal defense law firm, representing clients in all 50 states and worldwide. Kristy Figueroa-Contreras, Esq., kristy@negri-torres.com, NEGRI, TORRES & FIGUEROA-CONTRERAS, PA, The Minorca, Suite 214, 2030 South Douglas Road, Miami, FL 33134, Tel. (305) 639-8599. Hablamos español. Falamos português.

Posted

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 construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.

Posted

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.

Posted

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 nature and not tailored to your specific situation. You should not act on this answer without checking with an Immigration Attorney.