Thinking Marriage

My girlfriend visa is out of status(tourist visa).She has overstayed.We are thinking marriage.We are the necessary steps to get her back to legal and then marriage?

My girlfriend visa is out of status(tourist visa).She has overstayed.We are thinking marriage.We are the necessary steps to get her back to legal and then marriage?

back to legal may not be an option.. marriage may be the only way... if she leaves the country she may be given a bar (depending on how long she has been out of status). Since she came in on a visa however, and overstayed, she should be eligible for an adjustment of status.

check with a lawyer.

Pretty much the only way is through a marriage based application.

You need to get married and then file the necessary paperwork for an AOS. You can get all the papers from the INS website.
Her overstay will be "pardonned". But until you get that paperwork filed, she can be deported.
Also, don't leave the country until she gets her card.

Hope that helps.

Make sure you are not marrying within 60 days of her arrival. Good luck

Is it possible to get married when she is out of status and then file the necessary paperwork? Im thinking she needs to be a resident to get married.And if she applies for AOS what will her status become? Thanks for your help so far.

you can get married while being out of status. you do not need to be a resident. Although I am legally here my fiance and I are going to do the same thing since neither of us wish for me to go home.