Legal Question in Immigration Law in California

Re: Marry an Illigal

If she entered without a valid visa and inspection at the border, then she'll need to eventually leave the U.S. to receive her permanent residence back in her home country.

The only exception to this is if she qualifies under 245(i) and had someone petition for her at some point in the past (among other requirements).

Detailed information can be found here:

http://msclaw.com/index.php?page=What_are_the_lega_requirementsGC

Re: Marry an Illigal

Although you can legally marry in the United States, she will not be able to apply for adjustment of status. In order to do so, your fiancee would need to be able to show lawful entry.

Entering without inspection makes an individual "inadmissible," meaning that he or she would be denied either an immigrant or nonimmigrant visa. As a result, individuals in your fiancee's situation generally will submit an I130 petition with the USCIS (after the marriage) and then travel to his or her home country and apply for an immigrant visa with a waiver application.

Please note that the waiver eligibility requirements are tough and can be hard to obtain.

Before you take any steps, I strongly recommend that you consult at least one immigration attorney.