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If married to a Green Card holder, She is also eligible for a Green Card if she maintains her legal status in the US. But she has to wait based on "quota" limitations. Looks like your girl friend is now out of status. Since you are a Permanent Resident, the mere filing of a visa petition on her behalf does not give her permission to remain in the United States. However, beware of leaving the US. If she remains in the United States unlawfully for more than 180 days, she may not be able to return to the United States for 3 years. If she remains in the United States unlawfully for more than 1 year, she may not be able to return to the United States for 10 years. There are waivers of the 3 and 10 year bars, if she can prove extreme hardship to you. However, INS interprets the words "extreme hardship" very narrowly. If she marry to a US Citizen, she can apply for Adjustment of Status here even out of status. If you marry her, it won't affect your application for the citizenship as long as you can show BCIS you have a good faith for the marriage.

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• Thanks a lot! -kecaier- ♀ (0 bytes) () 04/22/2004 postreply 02:22:59