Came to the USA on a tourist visa, got married, overstayed, now.... AOS?

[AliAli 11]

Hi everybody!

I am trying to help my friend and would like to know what you all think about her situation.

So, she met this american guy that was working in her country (Colombia), they went out for a while, she got pregnant, they got engaged, he came back to The USA, she applied for a tourist visa, during the interview she said she was coming for vacation, did not say anything about being engaged to an USC or being pregnant with his child (it was not noticeable). Her visa was approved, they got married less than a month after she got here, the baby was born six months later, she did not go back to her country and according to the stamp on her passport she was supposed to leave 8 months ago

Now, can she apply for AOS? If so, under which category? And what you all think are the odds of being charged with visa fraud?

I hope all this is clear enough

Thank you so much!

[Pitaya 2,577]

~Moved from What Visa Do I Need to WST-based AOS Forum~

~already has visitor visa, now inquiring about AOS~

[Darnell 8,478]

yup - she can apply for AOS - we've a GUIDE for that.

[Xanax 349]

Yes, she can apply for AOS. Tell her to follow the guide on this site.

[Harpa Timsah 13,258]

Possible issue with her lying to get a tourist visa. Depends on what she said and what was asked.

[mrjack 9]

Well, technically she is in hot water, but I say apply for AOS using the guide here..the alternative is for them to separate while she waits for a visa in Colombia. I don't think that would be a good thing for her or her child. I think with a child together they may get some leeway with the IO enough to overcome any problems.

The worst that could happen? AOS is denied. Because she has a US citizen child, I think she would fall under the Obama no deportation order. In other words she goes right back to her current status.