If I have an H1B visa and my girlfriend had a J1 visa and she tried to change to F1 but she got rejected because she was late on her application, can she stay in the US if we marry?

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If I have an H1B visa and my girlfriend had a J1 visa and she tried to change to F1 but she got rejected because she was late on her application, can she stay in the US if we marry?

They also dropped her J1 visa.

Asked on April 8, 2013 under Immigration Law, Maryland

Answers:

SB, Member, California / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

She would only be able to remain in the US lawfully if she has a valid nonimmigrant status.  If you marry, she can change status to H-4 as your lawful spouse but she can do a change of status only if it is done while she is IN status.  You can only CHANGE status if you are IN status.


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