OK so my fiancé has been here for 6 years but her visa has expired she was told she could not go back to Mexico by an immigration lawyer, cause if she did they would not allow her to return. Now the question I have is we want to get married we have been seeing each other for 2 years and have been engaged for a year. What do we have to do to ensure that she will not be deported. Once we get married. So she can have the proper status to go back and forth. What we would like to do is have a ceremony here for my family's sake and then go have one there for her family. But we are to afraid she will not be allowed back. She did come her legally to begin with. What can we do?

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Originally Posted by LLoydt00

ok so my fiance has been here for 6 years but her visa has expired she was told she could not go back to Mexico by an immigration lawyer, cause if she did they would not allow her to return. Now the question I have is we want to get married we have been seeing each other for 2 years and have been engaged for a year. what do we have to do to ensure that she will not be deported. once we get married. So she can have the proper status to go back and forth. what we would like to do is have a ceremony here for my family's sake and then go have one there for her family. but we are to afraid she will not be allowed back. she did come her legally to begin with. what can we do??

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If she entered lawfully, and you can prove it; the immigration violations she has are overstay and unauthorized employment. Both of these are waived under INA section 245(a) if you are a USC. Get married and after AOS, she can travel as a permanent resident.

Does she have any other immigration violations or criminal arrests, charges or convictions? As always, consult with an experienced immigration attorney to verify this information. Good luck.