If her travel visa is about to expire, can my son's girlfriend get married? 7 Answers as of January 27, 2014

My son's girlfriend came to visit for 3 months and while she was here, he proposed. Her travel visa expires on February 8, 2014 and they want to get married on February 2, 2014. They just got a marriage certificate on January 23 and we want to make sure their process is legal. They will file papers on February 4, 2014 after they get married to file for a green card. He is a US citizen and she is a citizen of Germany. They had no intentions of being married until later this year. If they get married, and her travel visa expires, is she illegal even though they are married? Will she be able to work? When will she be able to travel back to Germany to get her things? What happens if they deny her request?

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Law Offices of Svetlana Boukhny
Law Offices of Svetlana Boukhny | Svetlana Boukhny
If they get married and he petitions for her green card on the basis of marriage, she would not need to leave the US but will be able to complete the process of getting her green card in the US and she would be in the US lawfully. She would be able to work about 3 months after filing the necessary petitions.
Answer Applies to: California
Replied: 1/27/2014
Hoang & Tran PLLC | Adam Tran
She is considered out-of-status and will not be able to work in the U.S. Assuming your son is a U.S. citizen, he will need to "adjust" her status so that she can become a legal permanent resident. The process is pretty lengthy (ie 6 months to a year - if there are no hiccups). You should consult an immigration attorney for the details.
Answer Applies to: Texas
Replied: 1/27/2014
Christian Schmidt, Attorney at Law
Christian Schmidt, Attorney at Law | Christian Schmidt
If they file before her authorized stay expires, she can remain in the US while the application is pending. She can apply for a work permit but it will take about 90 days to receive it. She would have to leave the US if the application is denied. Good luck!
Answer Applies to: California
Replied: 1/27/2014
Law Offices of Rizwan M. Khalid
Law Offices of Rizwan M. Khalid | Rizwan Khalid
Yes, they may be able to file for status adjustment and can file for employment permit as well. I would encourage you to talk to an attorney so this requirement can be discussed in detail.
Answer Applies to: Pennsylvania
Replied: 1/24/2014
Mulder Law office, PA
Mulder Law office, PA | Kyndra L Mulder, Esquire
Yes he will be able to sponsor her if they get married.
Answer Applies to: Florida
Replied: 1/24/2014
    Law Offices of Grinberg and Segal
    Law Offices of Grinberg and Segal | Alexander Segal
    1. No. Marriage to a U.S. citizen in and of itself conveys no right to remain in the United States. 2. She will only be able to work after obtaining employment authorization. 3. She could return to Germany while the petition is pending assuming she is granted advanced parole. It will take approximately 60-90 days to obtain advance parole. 4. She will be advised to depart the country or risk being deported. Your son would be best advised to retain an attorney to insure the process goes smoothly.
    Answer Applies to: New York
    Replied: 1/24/2014
    Richard S. Kolomejec, Attorney at Law
    Richard S. Kolomejec, Attorney at Law | Richard S. Kolomejec
    They should marry and apply for a green card. No travel until after the card is issued.
    Answer Applies to: California
    Replied: 1/24/2014
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