Legal Question in Immigration Law in Virginia

Re: Marrying in US if you are out of status

Your best approach is after marrying your girlfriend, is to have her file the alien relative petition in your behalf, the I-130, the I-485, to adjust your status, and the subsidiary forms: I-468(ADIT), I-765, employment authorization, and the I-864, affidavit of support, and then see what happens. If there are any problems, then you might hope for the application of some waiver for your particular situation such as the 245i which may be of benefit to certain out of status type folks who filed their appropriate papers prior to April 30, 2001, or who can prove their illegal or out of status presence in the United States for the required time period prior to that date.