Legal Question in Immigration Law in Kentucky

If you marry your fiance, you would be able to petition for her and she could apply for her lawful residence status. Here's how it works: if she entered the country legally, that is, with a visa such as a tourist, or student, or some other valid visa, you can file the petition, application and applicaation for work authorization simultaneously. She will receive a notice for fingerprints, and you will both be interviewed to determine whether your marriage is for real. If, on the other hand, your fiance entered the U.S. without inspection at a port of entry, without a visa, then you can file a petition for her, but she must return to her home country and process into the U.S. via the U.S. embassy. So, you are correct, there is an opportunity for her to obtain her status through marriage to a U.S. citizen. Good luck!

The "crackdown" on illegal immigration, as you put it, does not affect the law on an alien receiving a green card through marriage. The law allowing those who entered the country illegally to get their green cards here through marriage to a US citizen expired on April 30, 2001. However, the same law allowed the "grandfathering" of those who had a family or employment petition filed for them by that date. So, because of the way the US immigration system operates, there are many aliens today who had a petition filed for them back then (and who entered the U.S. illegally), who had to wait many years for backlogged visa numbers to be available. Now that their visa numbers have become available, they are still in the process of finally obtaining their green cards and benefit from that law.

Many of the immigrants that are called "illegals" actually came to the US legally with a visa but overstayed their visas. So, they are here in the U.S. in unlawful immigration status. However, the above-referenced law does not affect them and those folks have always been and continue to be eligible to receive their green cards through marriage to U.S. citizens if they do not leave the U.S. first.

Larry L. Doan, Esq.

www.GuruImmigration.com

http://guruimmigration.wordpress.com (blog)

Note: The above response is provided for legal information only and should not be construed as legal advice, nor to create an attorney-client relationship, which can only be established through payment of consideration. We do not offer free advice except for the information provided herein on LawGuru which has been screened. If follow-up advice on your specific situation is desired, we offer a paid consultation in person if you are in the Los Angeles area, or by phone or email. Please visit our website www.GuruImmigration.com for more details.

It depends on how your fiancee entered the US, legally or illegally.

You may find detailed information here:

http://www.msclaw.com/Green_Card_for_Spouse.html