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I am a US citizen and I got divorced by my wife of 10 years in December 2015. I have a girlfriend whom I've known for 18 years with whom I have a 16 year son. My girlfriend has a 2 year multiple entry visa to enter the US. She has visited the US twice since April 2015 when she got the visa.
QUESTION 1: Is it possible for me to marry her and file for her when next she visits the US
ANSWER: She is not supposed to enter the US as a visitor, intending to marry and stay in the US. That is considered visa fraud. So you can get her a fiance visa and she can do that.
Yes, it is possible as a visitor. But that is only legal if she entered as a visitor not intending to stay in theUS, and then after several months, changed her mind. That is different than entering as a visitor, intending to stay from the beginning.
QUESTION 2: If I marry her and file for her, can she go back to her job in her country and come back later for the immigration interview (since her visa is still valid for the next one year). She doesn't want to wait back here doing nothing when she has a job back home.
ANSWER: She should apply for and get approved for Advance Parole if she wants to do it this way. She files form I-131 and has to get it approved before she leaves. It takes about 3 months. So she will be waiting anyway.
QUESTION 3: Can I include her 17 year old daughter (who will turning 18 in August this yr.) in the filing so that she can come and join us in the US next year after her high school graduation.
ANSWER: Only if you marry before the child turns the age of 18.
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