You can marry but there will be so many problems, as the marriage will raise questions and Immigration may ask you fiance many questions and they may feel that she lied with them to get to US. It is better if you apply for K1 visa for her, as soon as she is here you need to marry her within 90 days. After getting married she can apply for Green Card.
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No, the couple would need to become legally married, the citizen spouse would need to apply for a change of status for the non citizen spouse. If it is granted the foreign spouse would be allowed to remain in the US and after having been married for two years could apply for permanent resident status.
No, the K visas are for U.S. citizens only.
yes she can
no
A marriage immigration visa, also known as a spouse visa or a marriage-based visa, is a type of visa that allows a foreign national to enter and live in a country based on their marriage to a citizen or a permanent resident of that country. This visa is granted to individuals who are married to someone who is already a citizen or permanent resident of the country they wish to immigrate to. The purpose of this visa is to enable spouses to reunite and live together in the same country.
No state requires citizenship for obtaining a marriage license. The US citizen presents his US ID to the clerk. The non-US citizen presents his foreign passport. You pay the fee and they issue you the license.
Citizenship does not affect marriage. If the license application was filled out truthfully, it is a legal marriage.
Yes, if they get a marriage license.
The same as anyone wishing to be married in the state. As long as the foreign national has the required identification the couple may apply at any state office that issues a marriage license.
The illegal foreign national will still be required to follow the prescribed USCIS procedures. This could mean the person will be required to leave the U.S. and then apply for a visa for reentrance. A foreign national whether illegal or not is not automatically granted permanent residency or citizenship status by marriage to a U.S. citizen. Marriage will sometimes (but not always) change the priority status given to an applicant's request. United States Citizenship and Immigration Services, http://www.uscis.gov
There is no requirement for you to file anywhere else. The marriage is legal everywhere.
If the marriage was conducted legally in the other country, the US will recognize the marriage is valid.
A marriage license is all you need. You have all you need to stay in the US.
Yes. None of the jurisdictions in the United States that permit same-sex marriage have a citizenship requirement for the marriage license. The couple must appear in person to apply for the license and show identification sufficient to satisfy the issuing authority. That ID can certainly be a foreign passport. Tourists frequently marry in foreign cities. The clerk will not examine the entire passport to see if there is a valid U.S. Visa and, even if he/she did, the absence of legal immigration status does not justify denial of the license.
There is no requirement for the witness to be a citizen. As long as they are legally an adult it is sufficient.