US Citizen Marrying an Illegal Immigrant

[Gusto]

What is the name of your state (only U.S. law)? California

Here is the situation in full detail.

My girlfriend entered the US with a legal vacation or visitor VISA when she was 8 years old. She is now 23. She has been in the US ever since. So she did not enter illegally, simply overstayed her visitor VISA.

I am 33 and I am in the process of getting a divorce from my wife that I have been separated from for over 4 years. Another story! Ugh!

Now once the divorce is finalized, how do I go about marrying her and adjusting her status? Do we fill out form I 485???

I just want to make sure we have all of the paperwork in order once my divorce is finalized.

We have been dating for almost 2 years and are not actually doing it for legality purposes but because we are actually in love and want to get married. Of course, we would like to fix her status simultaneously so that she can begin to contribute like everyone in the US.

 

[FlyingRon]

Just marrying you will not "adjust" her status from illegal to legal. You better consult with an immigration attorney. This is NOT a DIY thing.

 

[ImmigAttyLana]

Yes, actually, marrying her WILL allow her to adjust status once you are legally married as long as she entered the US lawfully and can prove that lawful entry.

However, there will be more forms than just the I-485 that you and she will need to complete.

Please let me know if you have any additional questions or how I can be of further assistance to you in this matter.