No. I ask about the 90 days of unemployment because if she had less, she could still find a job and stay in legal status, but if it has been longer than 90 days of unemployment, she is now out of status. If it has been longer than 5 months since she fell out of status, she cannot get back into legal status through employment, investment or study unless she left the U.S. and the chances are not good that they let her back in after this issue. If it has been less than 5 months, she could try for reinstatement but that would be difficult as well. Here is a link:
The other option is to marry her. After you marry, you will need to file an adjustment package. This includes the following forms: I-130 (Petition for family member), I-485 (application for Lawful Permanent Residency), I-765 (Application for work permit), I-131 (Application for Advance Parole), G-325a (Biographic data - one for each of you), I-693 (Medical exam that a certified doctor must fill out), and I-864 (Affidavit of support). You will need to file each form with supporting evidence and appropriate filing fees. You can find these forms at www.uscis.gov/forms.
The supporting evidence that you would file would be birth certificates, marriage certificate, divorce certificates if either of you have been married previously, proof of your U.S. Citizenship, proof of your spouse's legal entry into the U.S., and financial documents to prove your income over the last year at least.
In about 3 to 5 months after filing, the work permit and Advance Parole (travel permit) should be issued. About 5 to 7 months after filing the interview should be scheduled (though now it is taking longer, so maybe closer to 7 to 9 months). If all goes well, a few weeks later the U.S. Lawful Permanent Residency card (green card) should come in the mail.
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