I am legaly in the US, won the DV-2005 and I am currently processing my adjustment of status (i-485).

What would happen if I marry an illegal alien that came legaly to the US but overstayed her visa for several years?

a) Would she be eligible for a GC? (Normaly she would be if she marries me and if she were legal).

b) Can she get the GC if she marries me after I got my green card through DV2005 (and after the DV2005 has ended) ?

c) Is is better not to marry at all? How can she get into a legal status in the US?

I will really appreciate any help

Cheers

hi! you can marry this person and as soon as you have a green card you can apply for your spouse. Not before then, as you would obviously have no basis for it. But for your spouse it would take a really long time, since you're not a USC, and are only a GC holder. How you got your GC bares no relevance. Your spouse will be eligble to apply based on your resident status.
Julie

...and for the record, the fact she overstayed is not a problem. She can still apply. It would only be a problem if she entered the country without a visa.
Julie

First off, it will take years before your future spouse will get a shot at a green card. After you obtain your green card and file alien relative petition form I-130 the CIS won't approve it until a visa number is available from the State Department. Spouses of LPRs are in Second A family preference category (F2A). As of now visa numbers are available to LPR spouses with I-130s filed on or before Aug 15 2000. This makes it about four and a half years wait. http://travel.state.gov/visa/frvi/bulletin/bulletin_2007.html

Second, your future spouse's illegal status *will* be a problem. This is from the CIS web site:

http://uscis.gov/graphics/howdoi/LPReligibility.htm

" ... You may be *ineligible* for adjustment to permanent resident status if: ...

... you are no longer legally in the country ...

... This rule does not apply to you if:

You are the immediate relative of a U.S. citizen ... "

As you can see illegal spouses of LPRs are not pardoned their overstay/illegal status. Most likey to overcome this ineligibility she'd have to go back to her home country and apply at embassy/consulate with a waiver (form I-601).

Cheers.

Thanks for the answers so far. Normally a women would be eligibile _IMMEDIATELY_ for a Green Card if she marries me now because a Green Card would be available for her through the DV2005 that I have won. But the fact that she overstayed her visa makes her now not eligibile?

That's correct. The other thing is that if you've already filed your adjustment application and marry her it'd be too late to file for her.