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If someone came to the US with F-2 visa while she and her husband (F-1 visa holder) are not US citizens nor permanent residents, and their marriage happened in their home country, can she (F-2 visa holder) request to terminate her F-2 status and just after that marry with a US citizen?

Is it needed to get a legal divorce either within the US or their home country embassy before she can marry a US citizen even if she has terminated her F-2 status?

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It's not possible to marry the US citizen until the first marriage is terminated, and the F-2 status ends when the marriage is terminated.

It's not the F-2 status that prevents the marriage to the US citizen; it's the continued existence of the previous marriage.

It might be possible to file for change of status (to B-2 perhaps) in anticipation of the termination of the marriage, but it seems unlikely to be accepted by USCIS. It would certainly be unwise to attempt anything like that without the advice of an immigration lawyer.

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  • Thank you so much for the answer. Do you know if F1/F2 visa holders get divorce at their home country's embassy in the US, should them also file a divorce in the US if they want to marry a US citizen?( I am specially asking about California.)
    – GoodMan
    May 7 at 20:39
  • @GoodMan California has to recognize the divorce before the couple can marry in California. I don't know whether California would recognize the specific divorce you're contemplating; the answer may be different depending on where the marriage was solemnized. A California lawyer with a practice in family law ought to know.
    – phoog
    May 7 at 20:47

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