(work) expired in February of 2011. We plan on getting married in the next month. What do we need to know and what forms will we need to file. Other than overstaying her visa there are no other issues.
Assuming you are a citizen of the U.S., she may qualify as an immediate relative petition and therefore you could file for her and she would not have to leave the U.S. However, there are many eligibility/admissibility issues that should be discussed and reviewed prior to engaging in a course of action with USCIS. Please retain counsel for the filing.
Assuming that you are U.S. Citizen and you marry, you will need to file a petition for an alien relative along with her filing of adjustment of status. These are forms I-130 and I-485. She can also apply for a work permit (I-765). The process takes about 6 months and you will need to provide significant evidence that the marriage is bonafide. You will also need to meet certain financial requirements (I-864) and she will need a medical check (I-693). There are other forms needed as well. Because she is out of status, I reccomend that you work with an immigration attorney. If the applications are filed incorrectly, she could be placed in deportation proceedings for having overstayed her visa. An overstay of six months will lead to a 3year bar to reentry and an overstay of 1yr or more will lead to a 10yr bar to reentry. The bars occur once the person exits the U.S. The bars will not occur if she first obtains lawful permanent residence (greencard).
Andre Olivie, Esq.
U.S. Immigration Lawyer
Available Weekdays, Weekends & Evenings at (206) 724-1940
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