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If their Visa hasn't expired yet it is best for them to go back to their country. THEN you can apply for a K-1 fiancee visa and they can come back to get married within 3 months. Then you apply for a permanent resident and then citizenship. Trust me, it is A LOT EASIER is you don't break the law by letting the visa expire.

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Q: Can you marry someone who is in the United States on a temporary visa and how can you keep them here?
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