Helping a friend from Britain.

[Mat M. 0]

My friend came here on a tourist visa when she was 16. As soon as she got here she found out she was pregnant and her boyfriend who was in the military said they needed to marry. Well they hurry up and got married and he never processed the AOS paperwork. So fast forward 23 years later she is still here. She has since remarried and has birthed 7 children. She and her husband are not on state help or anything they are business owners and survive without state help. Can someone please let me know which paperwork she needs to file in order to be legal here and what paperwork to let her become employed? Her first husband used the AOS as a bargaining tool to try to keep them together and essentially tried to use it to force her not to leave. I'm glad she got out of that but I want to help her fix her predicament.

[Hypnos 6,578]

Have her follow the guide: http://www.visajourney.com/forums/index.php?autocom=custom&page=i130guide2

I hope she still has her I-94, as she'll need it.

[LmmL 46]

"If you are already married, and your spouse came to the US on a tourist visa with the intent of immigration and marriage, then he/she should return to his/her home abroad, and the I-130 (or along with an I-129f for a K-3 Visa) should be filed with the relative outside of the U.S. to avoid denial, deportation, or even being banned from re-entry to the US."

I quoted it from the link Hypnos gave above.

[Mat M. 0]

Since she has been here already for over 20 years I can assure you she does not have her passport and she does not have any paperwork of when she came here. Does this mean there is nothing she can do?

[Hypnos 6,578]

You know this for a fact? She can file an I-102 (or a FOIA request with CBP) for a replacement I-94, but will need to know roughly when she entered the US, which airport, on what passport number, etc.

If she cannot provide proof of legal entry then she cannot adjust status.

[ValerieA 350]

"If you are already married, and your spouse came to the US on a tourist visa with the intent of immigration and marriage, then he/she should return to his/her home abroad, and the I-130 (or along with an I-129f for a K-3 Visa) should be filed with the relative outside of the U.S. to avoid denial, deportation, or even being banned from re-entry to the US."

I quoted it from the link Hypnos gave above.

What does that have to do with the OP's question?

OP, please ignore the above. Let your friend know she should NOT leave the US until she has a green card, or she is looking at a 10-year ban from the US (triggered upon leaving). Hopefully she can get a copy of her I-94 from the FOIA.

[LmmL 46]

What does that have to do with the OP's question?

OP, please ignore the above. Let your friend know she should NOT leave the US until she has a green card, or she is looking at a 10-year ban from the US (triggered upon leaving). Hopefully she can get a copy of her I-94 from the FOIA.

It's the statement from the link Hypnos gave.

[ValerieA 350]

It is, but it has nothing to do with the OP's question.

[MacUK 983]

In 23 years of living and working in the US has your friend ever claimed to be a US Citizen in any way?

[Mat M. 0]

In 23 years of living and working in the US has your friend ever claimed to be a US Citizen in any way?

Not that I know of. She doesn't know any information regarding her i-94 or her passport. I was looking up the form to look up the i-94 but it asks for her passport number. If she doesn't have it what can we do?

[Hypnos 6,578]

Have her try a Freedom of Information Act request with CBP seeking her entry details: http://www.cbp.gov/site-policy-notices/foia

The more information she can give them regarding the circumstances of her entry, the more likely they are at being to locate her information and provide confirmation that she entered legally.

Expect it to take several months between filing the request and receiving any response. If they cannot locate her information then she cannot adjust status.

Edited May 15, 2014 by Hypnos

[Harpa Timsah 13,258]

What happened to her passport? Usually people keep those, even expired ones.

She will need to renew her passport as well, or find the old one.

[MacUK 983]

Not that I know of. She doesn't know any information regarding her i-94 or her passport. I was looking up the form to look up the i-94 but it asks for her passport number. If she doesn't have it what can we do?

It would be a good idea to ask her to think hard about it.

It can only be assumed but presumably she would have been working throughout at least some of the 23 years, if she ticked any box on a job application stating that she's a US citizen (or using the details of a US citizen) then that could cause her serious problems, probably beyond the abilities of even the best DIY experts on this site.