souls canuck

Hi,

If you know me, you know this isn't my story

A friend of mine is here from Mexico and has overstayed her Visa, by like years from what I can tell. She came on a school visa, met her man, married and has a child. She's not working and otherwise has a clean record. She wants to start the process of K3 but is worried she will have to go back to Mexico and wait it out. I am not sure what to tell her, does anyone have any insight? I know this isn't much to go on.

File an I-130 and I-134, then she will proably have to file an 1-601 for the overstay. Plus any forms for the child as well? Much thanks for any feedback

Happy Holidays everyone! 11 days till Santa comes

jeffreyhy

sc,

Why is she thinking of a K3 visa?

And this child, it was born in the USA - yes?

Regards, JEff

Noorah101

Hi souls!

She should really have a consultation with an immigration attorney because of the long overstay.

As a layman, I would say all she needs to do is apply for adjustment of status (I-130, I-485, I-765, I-864), and as long as she entered the USA legally (on a student visa?), I'm going to venture a guess that her adjustment will most likely be approved. She should definitely NOT leave the USA at any time until she has her green card in hand.

Rene

souls canuck

Thanks

I thought she should file for a K3 based on marriage.

Baby was born here.

Noorah101

A K-3 (or better yet, Immigrant Visa) can only be applied for from outside the USA. If she leaves the USA now, she will incur a ban because of the overstay. Then they'd have to do a waiver for the ban.

If she's already in the USA, she probably has the option of adjusting her status without leaving the USA.

She should consult with an attorney to get the full legal info.

Rene

BritishGuy36

Well at least that's something, the kid is a USC already then, so no forms required.

meauxna

There is a process to Permanent Residency where the person can remain in the US called Adjustment of Status.

It's very, very important to know if she entered legally (IE with a visa). If she did not, she doesn't qualify for that method.

The best thing they can do is meet with an immigration lawyer to go over their facts. They may be able to file the case themselves (many people do), but the $100-$200 consultation will be well worth the money.

Because of the overstay, it's very important she not leave the country without a green card. If she has already left and re-entered, her situation is much more serious.

ian-mstm

I agree. She should also *NOT* apply for Advance Parole... because even if she gets it, she shouldn't use it as she'd incur a ban if she left the US.

Ian