Foreigner petition for a fiancé?

[amwo 0]

I am asking a question for two friends who are both French nationals and have been here on work visas. They met and fell in love while in the states. She is now here on an H3 work visa and he just ended a J1 work visa. He applied for an H3 and was approved at Vermont but had his interview in Paris and was denied (but still pending - will know by Wednesday if approved). They are planning the next possible step in case he is denied because it is important for her to be in the states for her career (just under 2 more years on the H3). And they know this is the one!

OK, here comes the tricky part:

How can she, a foreign national, petition for a fiancé/spouse?

Note: we do know of a French couple who met here and went through the same kind of scenario - both here on work visas; his expired; he came back on a tourist visa and they were married. They were approved; they stayed here until her H? expired and went back to France happily ever after.....

So we don't know how they did it. Does any one in VJ know? (come on aussie.....oy.......)

Cheers for all help posted! We really appreciate it!

[kitkat1 5]

Only a US Citizen or Legal Permanent Resident can apply for a Fiance Visa. They must have done it some other way . . .

[kitkat1 5]

Only a US Citizen or Legal Permanent Resident can apply for a Fiance Visa. They must have done it some other way . . .

Oops - LPR cannot file for a K1 - USC only. LPRs who become USCs can file at that point.

[desert_fox 32]

They could get married and the H3 visa holder can apply for a H4 for the spouse.