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 residences, 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?

1 Answer 1


You cannot be married to two different people in the US, it's a crime (it doesn't matter where you've gotten married). So you'll have to divorce your current spouse (the F-1 holder), and as a consequence lose your eligibility to the F-2 status. If you intend to stay in the US during the divorce and start a relationship with a US citizen - you should probably get both a family law and an immigration law professionals to advise you.

  • 1
    @GoodMan The last sentence of this answer — the one that begins "You should probably get..." is the most prudent advice that can be given to your three questions. May 9, 2022 at 3:03

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