Per INA sec. 212(a)(9)(b), looks like it's a three year ban, since she was unlawfully present "more than 180 days but less than 1 year".Quoting Mr. Knowitall
xragdoll: I doubt your marriage can exempt you from that ban, but maybe a lawyer can help there. Unfortunately, you seem to be an edge case that the law doesn't cater for, i.e. in a genuine marriage but lacking sufficient funds at the right time. Sorry about that.![]()

