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Spouse out of status, travel possible?

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T

tarbiyah

Guest
What is the name of your state? Florida

I'm not sure if this is how it works or not so if you can please help me out. My fiance was on an H1 work visa but she quit in August 2001 and has been living in the country on the same visa, as her I94 expires in November of 2003. So the questions which come to mind are, is she out of status and if so is there still any way to file for a spouse visa after we are married (I ask this because if it is the case, I would like to move up the wedding to resolve this quickly.)

There is also another twist. I am currently enrolled in a school in the Caribbean and not living in the states; she is in New Jersey. We were planning to get married and have her move down here with me until I am done with my education but I am also afraid that if she leaves and if she is inactive (thus illegal), it would not be possible for her to come back. Is this also true or can she leave and come back?

What do you think is the best way to go about it, should I come back and live together with her until she is granted a greencard, otherwise it would be difficult for me to leave school. Please if you have any advise or could direct me to somone who could help, please do. Thank you very much.
 



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