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Question Regarding Marriage of Citizen to Alien

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  • Question Regarding Marriage of Citizen to Alien

    Hello,

    My question involves the following situation:

    A family member is considering marrying an alien from Mexico. He is a citizen and she is a non-resident alien. She arrived in the US two years ago. He recently discovered that she has remained in the US (Texas) past the 6-month limitation on her tourist visa. She is 21 years of age and graduated from a U.S. high school after completing her senior year. She is now enrolled in a community college and is doing well. She does not have a resident status. She does not have an 1-94 or any other documents stating her date of entry into the US. She states that when the crossed the border, she was passed through without having to fill out any forms after showing her visa .

    If he wishes to successfully marry her, what issues will they face? From what I have read, the main difficulty will be in proving their relationship without indicating that she currently resides here in the US.

    Has anyone been through a similar situation?

    Thanks for your help.

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