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    hso315's Avatar
    hso315 Posts: 1, Reputation: 1
    New Member
    		  
    #1

    May 12, 2009, 08:16 AM
    Salior marrying a foreign national
    I am in the US NAVY Submarine Force, my fiancé and I want to get married, she is currently in California, she is from Peru. She came to the states with a visa (that expired) and a passport(just got renewed). Would that technically make her illegal if she stayed in the states? If we got married, would I loose my top secret clearance?
    I want to marry her, without losing my clearance and being able to keep her here what is the safest way?
    DCcityboy's Avatar
    DCcityboy Posts: 648, Reputation: 27
    Senior Member
    		  
    #2

    May 12, 2009, 02:01 PM

    As long as the I-94 (small white card) she filled out at the port of entry is still valid, she is in lawful immigration status. Her visa can be expired.

    If her I-94 is expired, she can still get permanent residence through marriage, under section 245(a). It forgives not maintaining valid immigration status.

    See an experienced immigration attorney, get married and file immediately for her.
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