Marrying Someone Who Entered Legally

[sirclop123]

My girlfriend has been in this country for a little over ten years. She entered with a tourist visa with her family when she was nine years old. We met in High School and have been together for almost four years. We are both enrolled at our state college (even though she pays an ungodly amount thanks to those missing nine digits) We are ready to marry and start a family in the near future. My questions are these...

If we petition for marriage, will she be forced to go back to her country even though she entered this one with a tourist visa? I'd like to think our situation is particular since she was brought here, as opposed to willfully coming. Any good advice for lawyers in GA?

Thank you in advance.

[LawResearcherMissy]

She overstayed her tourist visa and is now here illegally.

Your situation is not "particular" - it's frightfully common and it carries a stiff penalty, namely, a ten year bar from re-entering the US once she leaves. There are no more amnesty provisions in US Immigration law - those expired in 2001 - so the fact that she was brought here as a child will not help her in any way.

If you plan to marry, you need to speak to an immigration attorney immediately. Ask the foreign students at your school who they use. You'll get better recommendations from people in your area than from the likes of us.

Good luck to you.