Legal Question in Immigration Law in Michigan

Marrying an Out of Status Person

I am on H1B(Temporary Work) Visa in USA for the past 1.5 years. I am going to marry a 26 year old girl. She is out of status in USA. She is living here for the past 5 years. She first came to USA on a visitor visa.

My question is that if i marry her how her status be fixed ? Is that possible ? Does the new section 245(i)will make any difference ?


Asked on 2/07/01, 10:41 am

1 Answer from Attorneys
Henry J. Legere, Jr. Law Office of Henry J. Legere, Jr.

Re: Marrying an Out of Status Person

No. 245(i) is used inconjunction with an I-145 - Adjustment of Status to Permanent Residency. Since you are present on a non-immigrant visa she would not be eligible to petition for permanent residency. She would most likely have to receive her visa as your spouse overseas which would trigger the 10 year bar on readmission.

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Answered on 3/20/01, 7:45 am


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