Can a person out of status on a visitors or a students visa marry a U.S citizen and obtain a green card? To be specific the person came here on a student visa, she's out of status because she dropped out of college for about 1 year now and she has never left the U.S since. can she get married to her boyfriend (me) and get a green card even though she's out of staus? i welcome all answers and suggestions|||Yes you can marry and yes you can apply for the I-130 $355 and get all the other forms ready although she will still need to wait for the green card and most likely (almost certainly) will need to leave and go back to her country for 9+ months to do so. If she has been here without a current visa she will need to fill out the I-601c form which is a $545 dollar form asking for forgiveness (waiver) to overcome the 10 year bar that will be put in place as soon as she leaves the country. I suggest you talk to a lawyer (immigration) because the forms need to be done properly, there are certain things that USCIS looks for. You will also have to have a marriage interview, she does not have to be present but hopefully you can get your I-130 processed before she leaves. THey will fingerprint her at an ICE office and then send the paperwork to the NVC National Visa Center and then she needs to leave to have her interview at the consulate in her country. A green card wait in Mexico for example is 8 years but as your wife she will be moved to the front of the line but it still can be a long wait. It is legal to marry an undocumented person but it brings with it allot of issues so make sure your up for it. Copy all her paperwork so you have all the information here in the US. Get reference letters from US Citizens telling what type of person she is to show she is has been productive while here.|||Any student here with an F-1 visa knows that their stay in the US is contingent on them going back to their home country upon completion of their studies.
Your girlfriend is not only out of status she is now an illegal alien. There is nothing to keep her from marrying you as long as you are aware of that fact.
Even if you were to marry her tomorrow that marriage certificate does little to change her legal status in the US. Go to the ICE website to get informed on what options are available to your wife if and when she marries you.|||No. She must return to her country and reapply from there. That is providing she does not end up with a ban from the U.S. on top of everything.
1. For dropping out of school on her student visa. A violation of the condition for her getting the student visa in the first place.
2. For overstaying.
But you only want to hear what sounds good to you.|||Yes!! you can marry and file ...|||Not likely
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