Posted by: bhiringi December 12, 2010
An H1 marries an out of status F1 in the United States
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Okay , not trying to disappoint you but since she's been out of status for almost 2 years she can't apply for any other visas while staying in the USA. Even in she wants to get her F1 status back she won't be able to do it because out of status students are required to apply for reinstatement within 6 months. So at this point of time she will not get her student status back.  So that means she will be out of status and she is illegal/here illegally. If she is caught and deported she will have a 10 years ban on entering the USA.  
But since her entry was verified by a Immigration authority ie port of entry, and she has a D/S(duration of stay, valid till her stay) on her  I-94 she can adjust her status through marriage (only marriage, that's the only way ) with a US citizen as immediate relative. But if you marry her right now (I am not saying not to ) she has to live in the shadows, and wait until you get your citizenship.  
Any other applications you submit on her behalf to the immigration would make her deportable, and she would be served a 60 days notice to leave the country and if she don't she would be committing a crime (immigration violation is not  a crime, but only a civil violation but when the USCIS serves you a notice; it would be a federal crime).
She can't file for asylum because she has exceeded the 1 year time limit, but she can apply for withholding of deportation based on convention of torture which she would be granted. But the problem with withholding of deportation is, you will be given a SS number, EAD (which has to be renewed every year) and you can't travel outside USA. If you do, that would serve as a voluntary departure (because she is  out of status you are deportable).  Also if you are granted withholding of deportation, you will never be able to adjust your status (as per the current law).
So if you love this girl and you wanna marry her, then you can go ahead and do that in your county court, but she has to lay low and wait until you get your citizenship.
If this your true love let these things not bother you ....Good luck
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