I just found out my mexican girlfriend of 6 months is here illegally. What would I need to do to marry her?

Question

I live in the US. We will probably be ready to marry in about 6 months time. I don't want to have to deal with her being here illegally, so what is the right way of doing things to ensure she can stay here permanently?

Answer 1

She has to go home,marriage will do nothing to keep her here.

Answer 2

You just need a marriage license and a justice of the peace to marry her.  Fixing her immigration status will be much, much, much more difficult.

After you get married she'll have to go back to Mexico.  You'll have to petition her.  She'll be rejected after her first interview due to her illegal stay in the United States.  At that point she'll file a request for a waiver.  Assuming she has no criminal record in the United States there's a good chance she'll get the waiver.

I highly recommend you use an experienced immigration attorney to assist you, especially with the waiver.

Expect it to take about 2 years and about $5,000 to $10,000 in attorney/application fees.

http://www.aila.org/

Answer 3

Have her go back to Mexico, and then file an I-129F petition.  Once that is approved (about 6 months, give or take) your spouse goes to the US embassy in her country, and they finish the paperwork there, and a K-1 visa is granted. The K-1 visa is good for one entry only, up to 3 months.  In this time, you get married, and then file a I-485 petition, to adjust status to permanent resident.  This can take another 6-12 months, but once approved, you will get your green card mailed to you.

Answer 4

t's been a long time since illegal aliens "automatically" became U.S. citizens through marriage to a U.S. citizen.

Answer 5

Get her back down to Mexico and marry her there, then request a a visa for her though the American consulate in Mexico. My wife was legally in the US when I married her 20 years ago and you wouldn't believe the hoops we had to go though in the States. Mexico is so close, do it right.  

Answer 6

"so what is the right way of doing things to ensure she can stay here permanently?" - She needs to go home and apply for a fiance visa. When approved, she can return and you can get married. Her getting married while here illegally does not change her status and can actually make things worse.