K Visa Illegal Alien's Marriage in US to US Citizen

[madison]

How does an illegal alien apply for residency status? He was here illegally and recently married an American citizen. thanks.

 

[madison]

supplement from madison

If the illegal alien crossed the border illegally in 1997 or 1998 and has been married since 2005, is the only recourse to attempt a "hardship" case. What are the forms to apply as the spouse of a US citizen and how successful will this be?

 

[Husty]

If the person is an EWI (entry without inspection) then the alien should leave the country and return home to apply for a K-1 visa or K-3 visa (if already married) along with the required waivers. These waivers can take quite a while to be processed and if the relationship is "new" it could be very hard to establish any hardship to the U.S. citizen spouse.
You should consult with a qualified attorney.

This is not legal advice. Contact an attorney if you need legal help.

 

[jtg_]

Marriage resolving illegal status since age 8

A slightly modified hypothetical case:

Facts:

* A girl comes to the US at about age 8 from Mexico on a Tourist Visa with her parents in late 1980s/early 1990s.

* Her parents do not go back to Mexico, but remain in the U.S. past the "legal" date..

* The girl attends school in the US through High School and then earns a University-issued B.S. degree.

* The girl has no criminal record at all.

* She gets married to a U.S. Citizen (native born, if that makes a difference).

Questions:

* How can she get her "illegal status" resolved?

* What are the implications for her parents? In other words, will the girl's parents be "revealed" in some way by her becoming legal? Will the girl's "legal" status be useable in any way towards getting her parents legalized?

* Is there any way she could get her illegal status resolved prior to marriage?

Thank you.

jtg