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If she entered the US illegaly (snuck in) she will not be able to become legal without leaving. Once she leaves the 10 year bar will be triggered, meaning she will not be able to come back for 10 years. In order for her to come back, her US citizen husband would need to apply for a waiver of the 10 year bar. He would have to prove that it would be an exreme hardship for him to move to her country. It is difficult to get this waiver.

She would not be able to become a US citizen until 3 years after receiving her permanent residence. You can find a lot of information about the waiver that the husband would need to file to overcome the 10 year bar at http://immigrate2us.net The waiver is called the I-601

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12y ago
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18y ago

First, give him/her the $2,000 then marry the citizen. LOL Just a little joke! Apply for Alien Resident Status at INS (about $400). You will need to get Finger Prints for Investigation in your Country and US, Health Report from Registered INS Doctor for check of Health problems. Then just sit and wait for further instructions from INS.

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11y ago

If she entered the US with a visa and then overstayed that visa, she can adjust status to that of permanent resident without leaving the United States.

AnswerYou will need to file for adjustment of status. You can download a packet of all forms you need at www.uscis.gov AnswerAssuming that you are both in the USA legally, it will take you:

* several days to weeks to fill and file all the forms and send them to the USCIS

* 4-8 weeks to get the invitation for an interview (in the mean time she will have to go to give biometric )

* 4-8 weeks from getting the invitation to the interview

* 2-6 weeks to get the green card in the mail.

All in all 4-6 months.

Note that all of the above concern changing her visa from a temporary one to a permanent resident (green card) visa. In order to become a citizen, one must first obtain a green card, then must undergo the naturalization process.

In the case of someone married to a US citizen, the spouse must be a permanent resident for 5 years, then follow a series of classes (and some paperwork) to become a fully naturalized US citizen.

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Q: If you marry a legal alien while her visa is current what will it take to make her a citizen?
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