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The best choice is to get married in the US and file for adjustment of status (AOS) even though she is currently considered "out of status." Being out of status is forgiven at the time of the AOS interview, as is working illegally (I'm not condoning either). She can also apply for advance parole if she needs to leave the U.S. during the AOS process.

If she leaves the U.S. without advance parole, based on the 15 year overstay, she will be automatically barred from the US for 10 years. She could apply for a hardship waiver, but that takes a long time and is not easy to get.

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12y ago

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