First of all I am from California. I am a natural born US Citizen.
I want to marry my fiance who has overstayed her tourist visa. She has a I-130 application on file with the INS and is going on their 9th or 10th year of the waiting period.
She has a valid SSN and has been working for a year and a half or so. She files her taxes. There are no criminal records.
Her family's lawyer told them that it shouldn't be a problem if the Visa expired and that not leaving the country would not affect their application.
Should we expect any complications?
What applications do we have to file? when?
Would she have to leave the country?
I was told by a local immigration lawyer that when we marry, her current I130 will be voided. I would have to reapply and would take around 6 months for the process to be completed. Is this true?

