Friend needs help!!

[chrisalex 0]

So, here's the deal...A not-so-bright friend of ours met a Filipino woman who was in the States on a tourist visa and, without him knowing all the immigration laws, he married her within 5 months of knowing her. He later found out through USCIS that his new wife had to go back to the Philippines and that they would have to apply for a K-3 visa since they were committing visa fraud. I told him to create a VJ account to seek further help, but he chose to hire an immigration lawyer instead. He is afraid that they won't ever let her back in the country. Any thoughts on what might happen?

Edited June 20, 2013 by chrisalex

[Penguin_ie 5,993]

Well, he will be petitioning her for a CR-1, not a K3 (that is an obsolete visa).

How long was she actually in the USA? Marrying in the US is allowed- whether there will be a problem depend on whether she overstayed her visa.

[chrisalex 0]

Ok here's an update...our friend met a Filipino girl visiting the States on a tourist visa. She actually overstayed 2 months and then he married her without knowing the immigration laws/rules. So, he asked an immigration lawyer what to do, and he told him it would be best if she went back to the Philippines, and they file for a CR-1 visa. He is afraid that because she overstayed and also has family in the United States that will raise red flags when they do their paperwork.

[Ivy. 113]

I would stay in the US and file for AOS if I were her and if I did not have immigrant intentions at POE. Overstay would be forgiven then from what I read, because she is married to USC.

[Penguin_ie 5,993]

I would stay in the US and file for AOS if I were her and if I did not have immigrant intentions at POE. Overstay would be forgiven then from what I read, because she is married to USC.

Too late, she left (otherwise- yes, you are right.).

A two months overaray does not carry a ban. She will probably get some questions about it at her spousal visa interview and be given a hard time, but no ban.

[Darnell 8,478]

It's very uncertain where the wife is, at the moment,

however,

IF she is in the USA still, they (the couple) qualify to file for 'adjustment of status' from a tourist visa.

The overstay is forgiven WHEN THE GREEN CARD is issued.

IMO, the lawyer they have spoken to is wrong, as the basis for adjustment exists. The USCIS rep they spoke to is wrong also, as the basis for adjustment exists.

So, no visa chasing (CR-1 or K-3), just file the big AOS set - we've a guide for that in the guides section. Let me know if you can't find it.

Edited June 22, 2013 by Darnell

[chrisalex 0]

The immigration lawyer advised them that it would be best if she went back to the Philippines because the fact that she had immediate family in the States and got married to a US citizen during her overstay and within 5 months of only knowing him,was very suspicious