I'm marrying an illegal immigrant

[tinyjocelyn]

CALIFORNIA/TEXAS
she got here from mexico using someone else's papers she was 12. she is under the 245-i now she is going to get her green card in 2012 i think but whats going to happen when we get married? what do we need how long is it going to take for her to get her green card and is she going to have to go to mexico?. i am born a natural born citizen so are my parents and grandparents.

i would really appreciate your answers we want to get married in march 2007

[Mr. Knowitall]

I wish I had a crystal ball to give you exact dates. Try Googling for stories from people who were in a similar situation, so you can get an idea of how long the process took for them and what snags they hit along the way.

[mmadsen55]

I thought this WAS ]a forum to ask others with similar situations?? As general rule, if you don't know, dont respond.

With that being said, tinyjocelyn, your situation something I have not seen anyone talk about. Normally, if a person enters illegally, they cannot adjust status through marriages. However, since you say she is under 245I, I assume that means she has been granted some sort of a pardon, but as you say it seems to take a while to get the green card. I am not too familiar with 245I, so I am not sure what the process is.
If you were to marry someone who is out of status, but DID enter legally, it would take 6 months to a year on average to get a green card.

Here is something I found on the USCIS.gov website. The second paragraph is a bit confusing, so you probably want to talk to a good immigration attorney to see if the change is method of adjusting status (245I to a petition for an alien relative through marrige) will be allowed.

History of Section 245(i)

In 1994, Congress enacted INA Section 245(i), permitting certain aliens who were otherwise ineligible for adjustment to pay a penalty fee for the convenience of adjusting status without leaving the US. Prior to enactment of the LIFE Act Amendments, the window for preserving adjustment eligibility under 245(i) closed on January 14, 19983, after which only "grandfathered" aliens (beneficiaries4 of labor certifications or immigrant visa petitions filed5 on or before that date) were eligible to adjust status under Section 245(i).

Section 245(i) grandfathers aliens themselves as well as the applications or petitions filed for them. That is, the basis of a grandfathered alien's eventual adjustment is not restricted to the application or petition filed to preserve adjustment eligibility. The grandfathered alien's application for adjustment of status may be based on any adjustment provision available to the alien at the time of adjustment.6

[Mr. Knowitall]

It's sort of plastered all over the place - this is a forum for legal questions. That's not to say that there is no possibility of finding somebody to share personal experiences, and any such posts appear more than welcome.