marriage to illegal, questions and concerns...

[immi_lover]

Hey all,

Here is the basic story. I have recently fallen in love with a girl from Argentina, she came over to the U.S. on a tourist visa about 7 years ago, not intending to stay, but as we all know, things happen and here she is 7 years later, having overstayed her visa. Her ex-boyfriend has been harassing her and is threatening to call INS and have her deported.

My questions are:
1. How easily can he get her deported?
2. If I marry her, how long does it take for her to become undeportable.
3. Is there any other way for her to get any kind of Visa outside of marriage?

Please help, it would just kill me if she was to be deported and there was nothing I could do. Thanks in advance.

[PraetorianXI]

1. How easily can he get her deported? Not very easily. If she has not been deported yet, but that is the thing unless she is doing something illegal (like working) then she should be fine. Even then, you can never know.
2. If I marry her, how long does it take for her to become undeportable. You have to file for her Green Card, filing I-130 and I-485, as soon as USCIS receives her I-485 then she becomes "AOS Pending" status and would not be deportable, but should not leave the USA until gets her GC.
3. Is there any other way for her to get any kind of Visa outside of marriage? Not after having overstayed her original visa. The only thing she can do is get a Green Card through marriage. Otherwise, she is deportable, subject to a 10 year bar and has a lousy immigration history that would make her uneligible for a visa of some kind.