OK guys, I bummed out, I need help here...marriage related.

[RedZ]

Ok here is the deal.

I am a born and raised California guy, I have been a US citizen all my life. My girlfriend of 6 years, who is now my fiance, has not been. She came here on a tourist visa from Mexico and overstayed her Visa for many years now. She has been here for years now and is attending college and has had a very productive life here. I've waiting so long to do this but now I am finally sure I want to marry here.

So, she is illegaly here right now.


I have just found out (she has heard from a few people) that she is going to have to leave the United States if we get married. She really needs to become a US citizen in order to further progress in your career path. She has had no problems with the law whatsoever.

So, if we marry, does she have to leave? I am so confused now and to think we are going to be married in less than two weeks.



I thank you guys sooooo sooo much for any help you can provide to me. If I need to provide anymore info, let me know.

 

[indiana_jones]

As long as she entered legally on a tourist visa, then she can adjust her status through marriage to a US citizen, even though she overstayed. However, she should NOT go back to her country or she will be barred from entering the US again for 10 years! (make sure she stays to file all paperwork) After you get married, you both will need to file all the appropriate paperwork with the USCIS in the United States. You can do all the paperwork yourself if you feel comfortable, but it's much easier with assistance from an attorney.

Even if you do the paperwork yourself, be prepared to spend close to $1000 for all immigration forms, fees, immunizations, passport photos, etc. Check out the USCIS website at www.uscis.gov to at least get a better idea.

I would also avoid listening to the "few people" who said she must leave the country, because every immigration situation is different and you can make a major mistake if you follow the wrong advice.

Finally, I'm not an attorney, but just someone who has read a lot of the immigration message boards and has some experience with these things. Good luck and don't worry. You should be able to get a free initial consultation with an immigration good attorney.