Hi everyone,i had a friend that overstayed in the US with the k1 visa,is there anyway that she can change her?

Question

status?thank you

Answer 1

No, she can't change or adjust status in the US, if she overstayed her K-1 visa and never married to the man who filed the petition. She would have to leave the US to do that. US immigration law doesn't allow K-1 visa holders to change or adjust status in the US, except by getting married to the American who filed that petition and then filing the immigrant visa petition.

If she overstayed her 90 day window by 6 months, she would be ineligible for any visa for 3 years. If she overstayed by more than 12 months, she would be ineligible for 10 years. If that applies, she'd have to get a waiver from USCIS before she could get any visa to return.

Answer 2

I wouldn't count on leniency. Tell your friend to sort out her papers TODAY.

This is America in 2008. The fact that your friend has overstayed her VISA is flagged at the Department of Homeland Security.

If your friend's father ever stood next to a billboard that has a picture of the house in it where Osama Bin Laden's taylor's nephew's god child ever told his girlfriend's grandmother that he stopped by there [the god child] to remove a pebble from his shoe, don't be surprised if she ends up in Guantanamo Bay Naval Station.

The only way your friend will get away with having a bad visa is if she happens to be an illegal mexican immigrant [and I have no problem with immigrants, mexican or otherwise, to get that out of the way]. The US is neither lenient nor fair these days.

Take NO risks.