"Over-Stay"

[Dashinka 24,831]

I agree, it appears things have changed quite a bit since her POE.  If you both decide to get married and she can stay in the US for 4-8 months before she can get her AP or GC, then go ahead and do the AOS.  If she does have to go back, you can still get married in the US and start the process.  In the latter case, she should be contacting the Argentinian consulate and figure out how to get home before she overstays.

 

I know if it was me, I would plan to AOS in the US, but everyone has different circumstances.

 

Good Luck!

[geowrian 22,338]

Avoid the overstay and any theoretical consequences due to it. Just file for AOS.

[JFH 12,191]

If she does overstay she is theoretically at risk of deportation. Will that actually happen? Very unlikely, especially given the current situation. But it is possible. Why anyone would put the person they love most in the world in a situation where deportation was even remotely possible is beyond me. Deportation is Avery horrible process. You are not taken to the airport and put on the next non-stop flight home. You are held in a detention center for a considerable amount of time before that happens. It’s essentially no better than your local county jail. 
 

Marry and get the AOS in the mail before the 90 days are up. Once your AOS is logged with USCIS she is in a period of authorized stay.

[Ontarkie 14,510]

~~Related threads merged and moved to AOS from WOrk, Student and Tourist Visas, from General Immigration Discussion.~~

 

 

As the others have already said marry now and file. Stay far away from any lawyer that tells you that you need to wait until day 91. 

 

This section that I moved your questions to is all about ppl with similar situation. Marrying a USC on a tourist visa, work or a student visa. They are all here doing exactly what you need to start. Read the guides that was linked above, get married asap and file asap.  File processing your wife stays in the US waiting with you. 

[NotMoreForms 68]

Back when I was visiting my then girlfriend (now wife) we spoke with an immigration lawyer, mainly to discuss what options were available.  His recommendation was to do exactly what others are suggesting, get married and file for AOS before the 90 days ESTA is up.  We did not go down that path, but it still was the recommendation of the immigration lawyer.