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M1 visa “out of status,” options for marriage?

Complicated situation I’ve got here. I’m a US citizen, and my partner is a Dutch citizen. There’s been an ongoing LDR for one year. Though she’d expressed interest in moving to the US, no plans were discussed until she announced this summer that she was moving to the US on an M1 visa. Her goal was to finish her program of study (one year) and find a job and/or get married to apply for permanent residency.

My partner struggles with school and her mental health has been poor. Though she thought she could handle her program of study, she dropped out due to mental health reasons. Her termination has been filed with SEVIS, and she now has 14 days to leave the country.

We want to get married, and we want to live together in the US. We don’t want to risk her staying here illegally, so the best course of action I see is for her to return to the Netherlands within 14 days and then begin the process of applying for a fiancé visa.

I’ve also been reading about the 90-day-rule. We’ve discussed going through with marriage now, but she’s been here for a little less than 90 days, so I don’t know how that would affect her chances of returning on a permanent visa.

Side question about fiancé visa—does there need to be documentation of a proposal? We’ve discussed marriage, but I was thinking about writing a more “official” letter if that would help at all?

Thanks for any advice you have. I’m upset with the situation we’ve gotten ourselves into, but I’d like to make the best decisions moving forward.

submitted by /u/NerdBird49
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source https://www.reddit.com/r/immigration/comments/q7e03o/m1_visa_out_of_status_options_for_marriage/
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