Minneapolis, MN asked in Immigration Law for Georgia

Q: Can my fiancé stay in the US legally while my permanent residency application is being processed?

I am an asylum status holder in the US and planning my marriage. My fiancé's visa will expire in a year and I know that it could take a long time before I get my residency approved. Can she stay in the US legally while my application is being processed even her visa expires? If the answer is yes, should I marry my non-resident (F1 student) fiancé before applying for a permanent residency in the US?

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1 Lawyer Answer
Hector E. Quiroga
Hector E. Quiroga
  • Immigration Law Lawyer
  • Las Vegas, NV

A: Your fiancé(e) must leave the United States when her I-94 expires or try to extend her stay. Certainly being married could give your fiancé(e) a stronger connection to the United States, but it wouldn’t guarantee that she wouldn’t be deported.

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