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That would depend in part on what country the foreign spouse was from and for what reason they were in the US originally (meaning what kind of visa were there in the United States under when the US citizen married him or her). If the foreign spouse got married soon before his/her original visa expired, there is a chance that she will have to go home and wait while the new visa (K1 or K3 depending on the circumstances) is cleared. The US requires that you have met the fiance IN PERSON within the past 2 years. Do not try to "trick" the US by getting them an extension on a visa for a different purpose because this is fraud and a person may have to wait 3 years to apply again for a visa for marriage. The best bet if you are serious is to get an attorney to have them help fill out the paperwork properly and do not try to get around visa requirements. Post 9/11 it is just not a smart move.

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17y ago

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