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If she wants to stay in the United States, she had beter think of marrying someone who is already an US citizen. Then gather as much evidence of the validity of

the relationship as possible such as photos, letters / emails between

themselves, affadavits from friends and family regarding the relationship, joint bank accounts, joint bills etc. Next get all the forms required to file for adjustment of status (you can find them at USCIS.gov). Also realise that if your income doesn't

exceeded 125% of the poverty line (whatever that is!) then you will need

an extra sponsor on the "affadavit of support" form or your application

will be denied. Your future spouse will also need to get a medical from

a USCIS authorized doctor before you file the forms for adjustment of

status. If she can't get his vaccination records from her home country

then he will have to have the vaccinations again in order to get

approval from the doctor. Filing yourself does involve a lot of work but it can be done without a lawyer especially as you can make an infopass appointment and get the

USCIS to check the forms for you before filing. Now your husband will not be legal until you received the "notice of action" from the service center stating that they have received your application and have accepted it.

Finally, this is very important. She CANNOT leave the country under ANY circumstances until you they have had the adjustment of status interview. There is something

called "Advance Parole" that immigrants can apply for if they need to leave the country while their cases are pending. However it doesn't guarentee re-entry and so if she did leave the country it is very possible that his overstay will come to the attention of the Immigration officer when he returns and he would be automatically deported and banned for 3 years. Remember, she is here ILEGALLY! Really the best advice is to speak to an imigration lawyer. check out www.aila.org for immigration solicitors to get referrals....you mgith also find some that will do a free consult,

depends where you live though, might find them listed somewhere on www.uscis.gov as well.

I hope this info helps and good luck.

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Q: If an illegal filipina who has expired tourist visa and then he married to a filipina citizen will it still allow the illegal filipinas to apply for residency?
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