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Marrying an immigrant with an expired work visa

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  • Marrying an immigrant with an expired work visa

    Two years ago my fiancee entered the US on a 1-year work visa obtained through an au pair program. She left the program early and went to work for another company which sponsored her but the new company went out of business before her 1 year was up. She has since overstayed her visa.

    I've read several threads on here and think I have a good idea about where we stand but I want to verify this since I've read some seemingly contradictory information. Here are my conceptions, please tell me if I'm right or wrong.

    1. We will be able to get married immediately and without much hassle.

    2. She will be able to get a work permit immediately.

    3. It will be 12 to 18 months before she will be able to leave the country and return. I've seen contradictory statements about this. I think I saw someone say that a person in this situation could leave immediately, and someone else say 12 to 18 months.

    4. It will be 2 years before she can adjust her status to permanent? I'm also not sure about this.

    After the marriage, what steps should be taken to ensure that everything is done by the books from that point forward?

    The marriage would be in Indiana, by the way.

  • #2
    Two years ago my fiancee entered the US on a 1-year work visa obtained through an au pair program. She left the program early and went to work for another company which sponsored her but the new company went out of business before her 1 year was up. She has since overstayed her visa.

    I've read several threads on here and think I have a good idea about where we stand but I want to verify this since I've read some seemingly contradictory information. Here are my conceptions, please tell me if I'm right or wrong.

    1. We will be able to get married immediately and without much hassle.

    2. She will be able to get a work permit immediately.

    3. It will be 12 to 18 months before she will be able to leave the country and return. I've seen contradictory statements about this. I think I saw someone say that a person in this situation could leave immediately, and someone else say 12 to 18 months.

    4. It will be 2 years before she can adjust her status to permanent? I'm also not sure about this.

    After the marriage, what steps should be taken to ensure that everything is done by the books from that point forward?

    The marriage would be in Indiana, by the way.

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