What will I be facing if I marry my girlfriend to enter the US legally? 6 Answers as of September 21, 2011

Depending on the visa she entered on, how it was obtained and any other immigration or criminal violations; she will need to apply for a waiver of the 10-year bar. The waiver is granted based on an extreme and unusual hardship to a qualifying US relative. The process for an immigrant visa and waiver can be 6 months to several years depending on the consulate, the waiver board and the strength of the case.

She is overstaying bymore than a year, therefore, she is subject to 10 year bar. If you get married, she will need to apply for a waiver to waive the bar. It is quite complicated and requires hiring an experienced immigration attorney.

There is no such thing as an "impossibility" in immigration law as far as I am concerned although we're getting closer to that becoming the norm. This is an issue that you need to discuss with an attorney that you hire for that purpose. I don't think this forum is well suited for it. I read "transit visa" and I already do not like the way that it sounds. So, please lawyer-up and go from there.

First, you should only marry your girlfriend if you intend to establish a life together. If you are marrying solely so she can get immigration benefits, you and she are committing a crime. You will need to petition for your wife. Your wife will also need a hardship waiver as she was illegally present in the United States for more than a year and as such, will be barred from admission for 10 years. This requires you to demonstrate extreme hardship to you if she is not allowed to enter the country. You will be required to file forms, pay visa, attend an interview, etc. You are looking at about $2,200 in filing fees depending upon when exactly you file and if she needs any additional waivers or petitions. You are also looking at attorneys' fees of about $5,000 or more. However, it is possible to bring her to the United States if the case is handled properly.

You are asking good questions and any competent immigration attorney would need at least an hour to answer them. So I recommend that you both have a consult BEFORE your girlfriend departs the US. She will trigger a ten year bar the minute she leaves the US, based on the information in your email.

She will be subject to a 10 year bar from returning as soon as she leaves the country. There is a waiver for this bar but it is difficult to get.