US Citizen gets visa for Fiance. After Fiance enters country with children, the marriage takes place within allotted time. The citizen was told that he had time for adjustment of status. Before adjustment of status, marriage is breaking up. Marriage is legit, no fraud. Does the Fiance, now wife, have any rights as far as staying in this country? Or, if marriage breaks up before adjustment of status, does she and her children have to leave the country?
Answer: Since she entered in on the fiance visa she can only adjust her status via her husband, if this does not occur then unfortunately she will not be allowed to adjust her status in the U.S. She can return to her country and attempt to do consulate processing, but she needs to be careful of her current status as because if she is out of status she maybe barred from entering the U.S. for a specified time.