Legal Question in Immigration Law in New York

getting green card before marriage when engaged

Have a friend in US on visitors visa who has found someone he wants to marry and that person is in the process of getting final papers of divorce should this take more time than the 70 days remaining on visa remaining is there a way to get a finance visa. both are very much in love but divorce is in snag due to changes in laws on Apr l,l998. thank you for your help


Asked on 5/06/98, 6:26 pm

1 Answer from Attorneys
Carolyn Goldfarb Carolyn S. Goldfarb, Esq.

getting green card before marriage when engaged

One can't obtain a finance visa unless one's finance is legally free to marry & the alien obtains the fiance visa abroad. However, even if one's I-94 (entry permit) has expired, if that person later marries a US citizen, that person can still adjust his status in US & obtain his lawful permanent resident status.

If it were me, I would just stick around until the divorce comes through. Leaving is far more problematic.

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Answered on 5/23/98, 1:39 am


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