Married American, but Visa Expired?

Question

My brother an american recently married a lady from Mexico, she was here on a visa but it has since expired. Can she still be deported? And does anyone know what papers she needs to file. I've looked on the uscis.gov but it's so confusing. Please help they are so afraid.

Answer 1

tell her to go back and check out the k3 visa

Answer 2

Tell her to leave the US immediately to avoid deportation.

Answer 3

They will need to file an adjustment application as soon as possible, hoepfully your brother has a few thousand dollars, filing the forms costs money. They will need to file an Affidavit of support form, an I-130, form I-485-adjustment application, form I-765, employment authorization, form I-131 if she wants to travel back to her country and return. If she has accumulated "unlawful presence" they will also need to fill a waiver for that and pay a penalty fee of about $1500.00. Which then may negate the travel form. Go to USCIS.GOV for form fees and more information.

Answer 4

If her visa has expired then so too has her legal status here and she could be deported.

The fact that she is married does nothing automatically to her legal status.

She needs to go back to her home country, and her US citizen spouse needs to follow the procedure set out in the document below (How a US Citizen can bring a foreign spouse to the US)