QUESTION
My brother met a girl on a dating site and she had come to the US on a fiance visa a few years ago to marry. She did not marry that gentleman and
Asked on Apr 25th, 2014 on Immigration - South Carolina
More details to this question:
stayed in the U.S. In the mean time her mother has petitioned for a visa for her as an unmarried child over the age of 21. Now she would like to marry my brother but he is not sure he is ready to marry this soon. Could they even get married any way since she is here on an expired visa and the one her mother petitioned for is still pending?
1 ANSWER
U.S. Immigration and Nationality Law Attorney serving San Diego, CA
Partner at
Kazmi & Sakata
1 Award
Hello. Unfortunately, the new marriage will not fix her status. She will need to leave the US to process based on a marriage to anyone that was not the K1 Petitioner. In addition, she will be subject to a 3 or 10 year bar for overstaying (unless it has been less than 6 months since her status expired). Therefore, she will need a Waiver of her Bar in order to return to the US. The only exception is if the K1 Petitioner had abused her.
Answered on Apr 25th, 2014 at 3:59 PM