QUESTION

What do I do if I'm in love with a female on a student visa who was divorced with a citizen?

Asked on May 28th, 2017 on Immigration - Georgia
More details to this question:
I am in love with a girl, who came to the US on a student visa. She was married with a US citizen and now she filed for a divorce. She filed for a divorce as is no long in love with him, and yet with me. During the time of her marriage, she and I were engaged in conversation and soon we fell in love. Now she is divorced, and I want to marry her as I see our relationship can go long way. But yet I worry her visa will expire soon, as she is no longer attending school.
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1 ANSWER

Immigration Law Attorney serving Atlanta, GA
3 Awards
Although not clear from your question, I presume you are a U.S. citizen. If that is accurate, then note that when a foreign national who entered the U.S. lawfully and with inspection (such as with an F1 student visa) becomes married to a U.S. citizen, the couple can succeed in a marriage-based adjustment of status application in the Immediate Relative visa category so that the foreign national may become a Permanent Resident (get a "Green Card"). This is true regardless of whether the foreign national may have violated her student visa by discontinuing enrollment as a student and regardless of whether the foreign national may have married and then become divorced. The case may be a bit more complex than usual on account of the initial marriage and divorce because it may be necessary to prepare to show the first marriage was indeed bona fide notwithstanding that it ended in divorce (this is true notwithstanding that the couple never pursued an immigration application based on that marriage). Of course, there are many other details that govern eligibility to adjust status. It would be wise for you and the woman you wish to marry to consult with an immigration attorney who, after learning all of the relevant information, could advise about eligibilities, options and strategies to attain your goals, and who then could offer legal representation in the often complex application process.
Answered on Aug 17th, 2017 at 3:01 AM

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