Hi everyone,
Sorry I am new to all this and about to start the process. My girlfriend of 2 years is in the U.S. on an expired travelers visa. She has been in the U.S. for close to 4 years now. We are ready to get married now. My question is, what process would be best for our situation? Should we marry here and apply for something here even though she is here as an illegal? Should we marry in Brazil where she is from and risk getting stuck there? I am totally new to this and do not even know where to start so any information would be helpful. Thanks

you need to call an immigration attorney.Is her passport still valid?

Yes her passport is valid but it expires in 6 months

call a attorney ASAP.........theres a solution...but you need help........she cannot leave the us and get back in.....call the attorney right away

Her cousin and her best friend went through similar situations without using an attorney. They were officially married through the state and filed some paper work to obtain their green cards. I am sure their cases were the same as ours and neither of them had issues getting their greencards. Also, her passport can be re-newed at the Brazilian Embassy here in the U.S. without her having to leave the country no? Thanks for the help.

I agree with getting a lawyer. If you met her while she was in the USA, you can marry her and file for AOS. By no means dont go back to Brazil and get married, she will have a 5 or 10 year ban. Best to marry here and get your AOS in the USA.

For her passport, she needs to go to a Brazil Embassy closest to you. DO NOT Mail her passport back to Brazil to renew. that will create problems.
It will be treated like she left the country when she really did not.

Good Luck and take care

and dont fly till you fix your papers

Since she had a valid entry into the US, she should be able to marry and adjust status. Overstay is generally forgiven when married to a US citizen.

http://www.visajourney.com/forums/index.ph...page=i130guide2

http://www.visajourney.com/forums/index.ph...mp;page=i130faq

What would usually happen is, marry then file the I-130 and I-485 (along with I-765) Do not bother with AP and do not leave the country during the process until a successful AOS and greencard is in hand. All paperwork gets filed to the Chicago lockbox.

She will need the medical done.

It is a pretty easy process but yes alot of paperwork and running around is involved.

Just to be on the safe side, a initial consultation with a immigration attorney is recommended just in case there is aything in your case that is a little out of the ordianry but you should be able to do all required on your own. Check the Adjustment of status forum and read the guides above.

hurry up and marry dude....some states are now reuiring social security numbers to marry

I concur completely and echo the recommendation to renew her passport with a Brazilian Consulate in the US and no border crossings until the green card is in hand.

thanks for the advise!

The above is correct advice, just get married and filed the papers for AOS, and no traveling in the meantime, at all.

Yep, right on. Marry then AOS without leaving US. Overstay will be forgiven because she married a USC and entered legally when she entered.

yeah, get a lawyer. it's serious. don't let her leave the country.

which city are you at? i can recommend my lawyer if you are in los angeles or close by.

I live in Riverside, an hour outside LA. I would appreciate your lawyers name please.