If we marry, will my fiancee who is currently on an expired visa be allowed to be back to the USA? 1 Answers as of September 09, 2014

My fiancee's visa expired and is employed using OPT. She must go home as her mom has a tumor. Can she come back if we marry? She's from Brazil and her mom was just diagnosed with having a tumor and the surgery is scheduled in a few weeks. If she leaves they may not let her back in, and she loses her six figure job, if she stays her mom may not make it and then she would go for the funeral and still be not let back in. My question is, if we marry can we file all the necessary paperwork and go to Brazil to be by her mom's side and be let back into the US?

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Law Offices of Grinberg and Segal
Law Offices of Grinberg and Segal | Alexander Segal
You and your girlfriend really need to consult an experienced immigration attorney. Your girlfriend would be able to travel while the marriage-based adjustment of status case is pending if she received advanced parole. The issue is obtaining advanced parole in such a short period of time. Otherwise, you could marry and she could return to Brazil to be with her mom. After the marriage you could petition for her to receive an immigrant visa, the issue would be that she would need to remain in Brazil until an immigrant visa is issued.
Answer Applies to: New York
Replied: 9/9/2014
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