us citizen and girlfriend with expired tourist visa

T

tedit

New Member
Hello
I am a naturalized US citizen.

I just met a nice girl from my native country in the usa and may be i will want to marry her... but she told me that she has a tourist visa only which expired long years ago but she stayed in the usa since then and never left here.

If I marry her, would she be eligible to receive a green card and citizenship afterwards? If we marry and apply for green card for her, is there a danger of her being deported or not?
 
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tedit said:
Hello
I am a naturalized US citizen.

I just met a nice girl from my native country in the usa and may be i will want to marry her... but she told me that she has a tourist visa only which expired long years ago but she stayed in the usa since then and never left here.

If I marry her, would she be eligible to receive a green card and citizenship afterwards? If we marry and apply for green card for her, is there a danger of her being deported or not?
Click to expand...

If you marry this girl, she will be eligible to receive a GC and, subsequently, citizenship. Visa overstays and other undocumented immigrants tend to be forgiven by the government when they marry a U.S. citizen.
 
Vorpal said:
If you marry this girl, she will be eligible to receive a GC and, subsequently, citizenship. Visa overstays and other undocumented immigrants tend to be forgiven by the government when they marry a U.S. citizen.
Click to expand...
Only those that entered the USA legally are forgiven which is the case for the OP's girlfriend.
 
Thank you so much for the answers, this is really good news...

Based on that,

1-when we marry here, and apply for all those, is she going to be able to travel abroad (even with something temporary) as soon as we apply for her papers and then come back to usa with no problems? or after we apply, there will be a certain period before she will receive any travel documents that will enable for her to travel in and out of usa?

2-how about working, how soon after we marry and apply for her is she going to be able to work in usa? is she going to have to wait for her actual GC, or can she start working as soon as we apply, or if there is a temporary permit, how long does that usually take?

thanks so much in advance...
 
tedit said:
1-when we marry here, and apply for all those, is she going to be able to travel abroad (even with something temporary) as soon as we apply for her papers and then come back to usa with no problems? or after we apply, there will be a certain period before she will receive any travel documents that will enable for her to travel in and out of usa?

2-how about working, how soon after we marry and apply for her is she going to be able to work in usa? is she going to have to wait for her actual GC, or can she start working as soon as we apply, or if there is a temporary permit, how long does that usually take?
Click to expand...

You will apply for a I-130 on her behalf. Included in the package will be the Adjustment of Status application I-485. In the package you will also include the form I-765 for work authorization, and form I-131 for advance parole (the ability to re-enter the USA while the Green Card application is being processed). It will take about a month for your spouse to receive the EAD (work authorization) and the Advance Parole approval. The Green Card itself could take up to a year, though 6 months is probably more likely. You spouse cannot work nor leave the country until the approval notices for the EAD and Advance Parole.

http://www.uscis.gov/i-130
http://www.uscis.gov/i-485
http://www.uscis.gov/i-131
http://www.uscis.gov/i-765
 
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