I have come to realize my Fiance may be here illegally, should we get married.

[Hags 0]

I believe my fiance, who's father applied for a I-130 (filing for child over 21), back in 04 and was wrongly under the assumption that she could stay here while the I-130 is being processed. We got our marriage license on Monday and we were planning on getting married on Thurs., but I wanted to make sure that won't cause her more problems. I realize once we are married I need to file for an adjustment of status and I was hoping someone can tell me if she can stay in the U.S. while that paperwork is being processed? She is still waiting for her original I-130 to be processed, which could take as long as sometime next year. She is fixing to lose her license (which I realize now is the least of our problems) and has no way of getting to and from work. I am freaking out a little...so hopefully you guys can bear with me...Thanks

Edited April 22, 2008 by Hags

[john_and_marlene 162]

As long as she had a legal entry, she will be able to adjust status following the marriage. The time she has been out of status will not keep her from adjusting status based on the marriage.

[payxibka 10,044]

Several people with very similar facts and circumstances have done successfuly exactly what you need to do (legal entry presumed).

Edited April 22, 2008 by fwaguy

[john_and_marlene 162]

She should not leave at any time before the adjustment of status is complete. If she leaves the country, she will not be eligible to reenter. She will incur a ban based on the out of status time and would then require a waiver to come back which may or may not be granted even if she is married to a USC. Get married, file for adjustment and do not leave the US until it is complete.

[YuAndDan 153]

Note answer in prior post: http://www.visajourney.com/forums/index.ph...t&p=1777400

[Tom_Jim 40]

More specifically, "entry with inspection". If she was either processed at a border crossing, airport, or dock, (except as an "alien crewman") by an immigration or border officer, she may be able to adjust her status.

Good luck with your journey!

Edited April 22, 2008 by latoslatos

[payxibka 10,044]

Sounded familiar

[Hags 0]

Thanks, you guys are great, I will start the application for AOS (i-130, I-485) and will continue to be a visitor to the site.

[YuAndDan 153]

Thanks, you guys are great, I will start the application for AOS (i-130, I-485) and will continue to be a visitor to the site.

Excellent! Good Luck to you!

Start with this guide: http://www.visajourney.com/forums/index.ph...page=i130guide2