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?
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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