Options for a Future with my Overstayed Girlfriend

[Nate2020 0]

Hello!

I've been with my girlfriend from Mexico for about one year now and would appreciate anyone's insights or knowledge or who may have had similar experiences to figure out some sort of idea what to expect for us to have a 'real' future together.

 

Her H1-B Visa expired early in 2020...and she is also currently married to a US citizen whom she's been pressing for a divorce for a few years (supposedly he's just waiting on paperwork but it's been months of saying that). She had talked to an immigration lawyer late of last year (2019) and she's under the impression that to adjust her status to immigrant vs non-immigrant she needs the divorce, go back to Mexico and then come back in time.

 

I'm open to any and all possibilities of advice, would getting the divorce and getting remarried to a US citizen help accelerate the process? Should she work out a deal with the current husband to help her adjust her status? Would a child born in the US advance her chances of getting a change of status? I bring up these scenarios not to take action today, next month, or even next year but I'm very curious and serious before spending a lot of money on a lawyer to ask these same questions if anyone has any advice.

 

Can't express enough my appreciation for your time to read my situation, and thank you in advance for any input!!

[geowrian 22,338]

1) Nothing you can do for a girlfriend.

 

2) If she divorces and you marry her, she can either adjust status in the US (AOS) or get an immigrant visa abroad.

Note that as 180+ days of overstay, exiting the US has a 3 year bar (10 year at 1 year overstay). This can be waived, but the AOS path probably makes more sense as her overstay is not an issue is she doesn't leave the US and is married to a USC.

Note that the timing may or may not raise suspicion if the marriage is bona fide. I don't know the details, but the main thing is to focus on why the current marriage is bona fide.

This is also assuming she is not removed (deported) in the meantime...she is overstaying already. It's a low chance, but not 0 chance.

 

3) "Work out a deal with the current husband"? That sounds really shady...

 

4) A USC child would have no bearing on her ability to adjust status (at least until the child is at least age 21).