Engaged

[Germanator]

What is the name of your state? TX
I just got engaged to my girl a few days ago. Here is the problem. She came to the US on a visitors visa which is good for 2 years I think. Her I-94 card has expired now, yet her visa is still valid. She had renewed her I-94 card once before, I think for 6 months. She has overstayed the I-94 for 2 months now. What should we or she do in this situation? Get married ASAP? Can she renew her I-94 again since the visa is still valid and tell INS she is engaged and will get married soon? We are both worried that INS might send her back home and we would have to apply for a Fiancé visa. Please advise.
Thanks

 

[ImmigAttyLana]

You can get married and, if you are a US citizen, she would be able to apply for permanent residence on the basis of the marriage, but her I-94 card would not be renewed and she is not advised to travel internationally until after getting her permanent resident status. However, upon filing for the permanent residence, she is fine to remain in the US and she will not be facing any deportation, unless she is otherwise deportable.

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

 

[divebomb80]

^^ even if she overstayed her tourist visa and her I-94 is expired, there wouldn't be any problems if they get married?

 

[Germanator]

thanks for the great advice.