My friend's fiancee visa was expired but she could not get married to her petitioner does she stay in the US?

Question

she is living with new bf now. Are they get marrid and can she stay in the US legally even she will marry to other man not her petitioner? Her visa was already expired can she get another different visa here so that she can stay?

Answer 1

It's my understanding that once the Visa expired, she is here illegally and needs to either marry, leave the US or try to get a new Visa ASAP.

Answer 2

No if she does not get married within the 90 days allowed on the Visa...she is in the US Illegally...and her not marrying the person who petitioned her, will probably result in the INS not approving any other petition because it could be seen as her using someone to get to the US, dumping them and then finding someone else...if she is caught after the Visa is up, she can and probably will be deported and not able to come to the US again for 5 to 10 years...her best bet is to leave and have the new guy file the petition, but then again it may not be approved since she did not marry the first guy...and they will probably remember her at the Embassy that she used for that Visa...

Actually she has shot herself in the foot, because 1) She is already in the INS system with the first Visa...so they can she what she did... 2) She is now  Illegal and when she goes for her interview with the INS they will not be as receptive with the answers she gives...and believe it or not ICE is cracking down on things like this...

She should just leave and wait a few years and try again...unless she wants to be deported...

Answer 3

Isn't love just grand, are you hoping that she will be bounced?

Answer 4

Well, the fiance visa itself is not simply general permission to marry anyone in the US. The visa, and the petition that was filed for it, are only valid if the fiance marries the person who filed it. Since she didn't marry, and the 90 day grace period has expired, she is now out of status, and subject to deportation if she's picked up by immigration for any reason, or by the police in many states.

She can't get another visa once she's inside the US. She'd have to leave and apply again.  However, if her new and improved American male decides to marry her, he could file an new immigrant petition for her, as well as a few other documents, like the I-485 and a request for work authorization. Then, once USCIS gets around to actually looking at the various forms, she could eventually adjust status and get permanent residence status. It usually takes them quite a while though.