Legal Question in Immigration Law in Virginia

Re: Immigration question

Yes, you should be able to do that if her 45 days are not up and she has not fallen out of status.

Re: Immigration question

If they specifically state that adjustments are not allowed, then I do not believe you can proceed with her adjustment of status.

You can get married but may want to consider the K-3 spouse visa petition instead.

Re: Immigration question

If you are getting married, your girlfriend's new visa would be a different visa category then the one she came in on. Therefore, as long as you properly apply for the new visa category, and do so quickly.

So nothing about the old visa will restrict her new status, under an entirely new visa category, whether a fiance visa or application for adjustment after marriage.

(EXCEPT: Beware that statements made when applying for her previous visa are not inconsistent with statements you make for the new visa. The CIS (old INS) will jump on that. If you say one thing to get one visa, and something different to get a different visa, they will pounce on the inconsistency. You have to show that circumstances have changed from the previous visa.)

I used to do a lot of immigration law when I had a paralegal who is a genius on these questions.

You should definitely get detailed advice from an immigration lawyer. I do not believe the restriction placed on the visa of no extension is binding, but to get out of that you must TAKE ACTION and ask for it to be over-turned. However, as I said, I think you are applying for an entirely new visa under a different category, so that current visa becomes irrelevant.