united-states california marriage divorce immigration
Can a f-2 visa holder request for status termination to re-marry a US citizen?
<p>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?</p>
<p>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?</p>

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