K Visa Status change via marriage

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Floridadmd

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My friend is a US citizen who want to marry a girl who has been in US illegally for past 5 yrs or so. If he gets married to her, how does he go about getting her status changed to permanent resident or citizen? Does the paperwork for status change needs to be filled from within US or from the girl's native country? Is there a possibility that the girl could be deported back to her native country after the paperwork for her status change is filled?
 
You are going to need to talk with an immigration attorney. Immigration law is very technical and very specific. It has changed a great deal also. There was a provision in a 1998 law that stated that if someone was here illegally for more than 3 years (overstaying a visa) then they would be barred from applying for a greencard for 10 years. I don't know if your friends wife-to-be can apply for a greencard. Get an attorney.
 
Floridadmd said:
My friend is a US citizen who want to marry a girl who has been in US illegally for past 5 yrs or so. If he gets married to her, how does he go about getting her status changed to permanent resident or citizen? Does the paperwork for status change needs to be filled from within US or from the girl's native country? Is there a possibility that the girl could be deported back to her native country after the paperwork for her status change is filled?

This is no longer possible.

More than likely, she will suffer some form of confinement before deportation.

A lot of this depends on her country of origination.

An immigration attorney is advisable before proceeding.



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My friend is a US citizen who want to marry a girl who has been in US illegally for past 5 yrs or so. If he gets married to her, how does he go about getting her status changed to permanent resident or citizen? Does the paperwork for status change needs to be filled from within US or from the girl's native country? Is there a possibility that the girl could be deported back to her native country after the paperwork for her status change is filled?


Actually much depends on how she's illegal; if she entered the country legally and overstayed, she can adjust her status based upon the marriage. The overstay will be forgiven.

If she entered illegally however, she will not be able to adjust without returning to her home country.
 
Actually much depends on how she's illegal; if she entered the country legally and overstayed, she can adjust her status based upon the marriage. The overstay will be forgiven.

If she entered illegally however, she will not be able to adjust without returning to her home country.

Are you sure about this? During the Clinton years there was a fairly draconian immigration bill passed that punished those who overstayed their visa by not allowing them to legalize without going back to their country and waiting up to 10 years.
 
Are you sure about this? During the Clinton years there was a fairly draconian immigration bill passed that punished those who overstayed their visa by not allowing them to legalize without going back to their country and waiting up to 10 years.



Incredibly sure.

I did it.

Provided the immigrant entered the country legally, the overstay will indeed be forgiven if said immigrant adjusts his/her status via marriage to a US citizen.

(and of course, provided that the marriage is bona fide)
 
I did it too. Well my first wife did in 1996 but I know there was some change in 1998 because they were all buzzing about it. I just wondered.
 
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