A friend of mine is trying to marry his long time girlfriend who is on a expired visa so that she can become legal and able to work and travel. He already has all the paper work and money for the application but the issue is that even though she overstayed her visa she send her visa back to her country and it was stamped as if she returned back to her country before her visa expired but in reality she never left the states. She has proof to show that she never left the states throughout the years she overstayed. Could there be a possibility that her application to adjust status can be denied ?
Showing the Passport with forged entry stamp will seriously jeopardize her AOS application as the CBP will not have the information about her departure from US.
All she needs is her old I-94 to prove she has a legal entry into US.
She dont have to show the forged passport to avoid raising suspicion about her relationship.
Showing the Passport with forged entry stamp will seriously jeopardize her AOS application as the CBP will not have the information about her departure from US.
Its not clear what really happened. If the passport and/or I-94 was sent somewhere like the US consulate to communicate to the US govt. that she had left the US, that means the US govt. now thinks she was outside the US at that time, and will expect her to provide a newer I-94 or other evidence of another entry after the apparent departure date. So her old I-94 would not be useful for that purpose.
Basically it looks like she committed some kind of immigration fraud to pretend that she left the US without overstaying, and now shell pay the price by having her green card process complicated or rejected.
Her passport has a lot of stamps its confusing, the most recent stamp is of entry to the US but not departure from the US BUT there is a stamp on her passport that shows she arrive in her country but its weird cause theres no stamp that she left the US only entry back to her country. And her I-94 only has a stamp of entry not departure.
Overstayed visa and AOS