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luv2uallday

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    luv2uallday got a reaction from marklovetina in a friend of mine is out of status now, she came here in fiancee visa   
    I will say like the other posters that the answer is no. If she entered the us with a K1 visa then she has to adjust status through the guy who petitioned her she cannot adjust status through any other marriage petition. She also cannot adjust status through labor certification or any other method. There are no waivers or excemptions to this EXCEPT ONE which i will explain.. later
    You say she is out of status as of right now well if she is out of status for under six months from the date of here I-94 EXPIRATION than she will have a 3 yr re-entry ban placed on her if she is out of status for 6 months or more than she will have a 10 yr re-entry ban placed on her. if she has just lost status it would be in her best of BEST interest to just go back to phils ASAP and wait out her 3 yr ban and try again. if she is here 6 months or more she will still have to go back but alot more painful.. (I would consult a good attorney DO NOT take my advice as face value i'm an amatuer like everyone else here not a proffesional)
    Now, to the EXEMPTION if she wants to get legalized and get an exemption from the 3/10 yr ban she will have to overcome here inadmissability charge on her record. If she falls in love with a guy here or if she is in phils the USC will have to file a fiance petition or marriage petition whichever is appropriate. This process can only be done in her native country.. She will get here interview for her petition she will be DENIED a visa at that point for being inadmissable due to overstay of her visa. Then the USC must apply for a waiver of inadmissability waiver I believe (I-601) and the USC must prove that being seperated from his fiance/wife would cause extreme hardship. If the consular deems there is is proof of extreme hardship she will get approved and thus a visa will be issued.... This process is very expensive many thousands of dollars and can take 2 to 3 yrs for completion Manila is one of the toughest embassies when it comes to waivers (I HEARD) and you will definitly HAVE to hire a GOOD IMMIGRATION lawyer to handle the case...
    I wish her the best but she has shot herself in the foot for violating her visa. If she is out of status for a short time I wouldSTRONGLY STRONGLY recomend her to go back(3 years is not that long a wait compared to the alternative) so she will not have to go through the hell i just explained... there is a forun a sister forum that has people who are in her mess and going through the waiver process www.imigrate2us.net there is alot of information on this forum about wiaver of inadmissability
    I wish her the best of luck and hope she will do the right thing in her life. if you want to ask any questions please email me and i will be glad to help you.. sorry there is not immediate good news but there is good news and a way out but it is a hard climb to get to the light.
    there is a lawyer that claims to be a guru on hardship waivers if she ever needs it her total price is between 6500 and 7500 for each case but has a very high success rate http://www.visacentral.net/index.html if she ever needs help this woman might be able to help. She gives free advice on immigrate2us.net chats often her name is laura Scott
    disclaimer I am not a lawyer nor do i claim to be this is my own knowledge of experiences i had or seen please verify all facts stated with a qualified immigration attorney
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