Legal Question in Immigration Law in California
I am a US citizen. If my girlfriend from another country was to visit the US on her vacation and we got married, would she need to return back to her country while we complete her paperwork to become a US citizen? Or could she stay in the US while her status changes?
2 Answers from Attorneys
The short answer is yes. However, if that is her/your intention it is considered a visa fraud.
She could remain in the United States to apply for adjustment of status. However, if her intent upon entry was to marry a U.S. citizen, then it is considered "preconceived intent" & visa fraud, which could get her application denied. If her intent was solely to visit, & then she changed her intent, & you eventually got married several months after her entry, then that would be a different story.
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