I believe that she is already subject to a 3-year ban from re-entry once she ever leaves the US. If her overstay goes over a year, then I think it becomes a 10-year ban.
She's marrying a permanent resident, which does *not* get her the same privileges as if she married a USC.
See "Sponsoring a Fiance or Spouse for a Green Card"
http://tinyurl.com/34m9q (same as
http://www.nolo.com/lawcenter/ency/...C37/catID/C08A0295-9AFE-4F69-A9B7AEE732ECA9AB) . See the row where column 1 says "Living in the United States and married" and column 2 says "U.S. lawful permanent resident, living in the United States". Read column 3. As far as I know, the CIS is going to want her to leave the country to wait for the green card, in which case she will become exposed to the 3-year ban or (if she stays past March) the 10-year ban.
I would recommend seeing an experienced immigration lawyer.
You may also want to try posting...
On news:alt.visa.us.marriage-based (if you don't have a newsreader, you can also access it via web browser at
http://snipurl.com/4bcz which is the same as
http://groups.google.com/groups?hl=en&lr=&ie=UTF-8&oe=UTF-8&group=alt.visa.us.marriage-based). There's a lot of experience there, including an immigration lawyer who often responds.
Here, where there's a US immigration lawyer who always responds to posts here:
http://chat.lawinfo.com/forum.cfm?FID=1023 .
Here, where an immigration lawyer often responds:
http://forum.freeadvice.com/forumdisplay.php?s=&forumid=9 .
Joe
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Caveat Reador: I am just another CIS supplicant and immigration amateur. You're on your own. My advice may be worth even less than what I charge for it, so verify it with other sources (such as a real lawyer <
http://www.aila.org/> ) to your own satisfaction before acting on it.
"You can't argue with belief." -- Unknown
