result of visa expiration

[tashyta 0]

Hi everyone!

I am the one with the expired fiancee visa and already 3 year bar. Yesterday I've heard the story about one girl whose visa was already expired but she married a person who was not the citizen of USA and only had Green Card. They were in the process of filling all necessary papers and someone called the immigration office and told them that she was illigal. They deported het but before she has spent 3 months in the prison for immigrants. Is there a possibility that I'll go to prison since my visa has expired? I am absolutely friecked out! And need help!

[Otto 83]

Hi everyone!

I am the one with the expired fiancee visa and already 3 year bar. Yesterday I've heard the story about one girl whose visa was already expired but she married a person who was not the citizen of USA and only had Green Card. They were in the process of filling all necessary papers and someone called the immigration office and told them that she was illigal. They deported het but before she has spent 3 months in the prison for immigrants. Is there a possibility that I'll go to prison since my visa has expired? I am absolutely friecked out! And need help!

Your I-94 has expired? Did you get married? (What does 3 year bar/ban mean? - have they banned you already?)

[belinda63 3,038]

did u marry the usc who petitioned for your fiance visa?'

if so just file an AOS (adjustment of status) and you should be ok

if you did not marry you are in the country illegally and obviously not for the first time

as to illegal immigrants, from my personal experience, if you are found, u are processed by the immigration court which means you go to jail unless you can post your bond, and you remain there until your case is heard and a determination made.

My advice, stop coming to/staying in the country illegally.

[tashyta 0]

I am not married and I've changed my mind about marrying the person I came here for, it a very long story. I want to leave by myself. If I do that by my own will, can I escape going to jail? I am in this situation for the first time and I have no idea what to do. I really need your help!!!

3 year bar means that if you leave the country you won't be able to come back here for three years for sure.

[motu 6]

You need to contact an immigration attorney to find out what you can do to stay here or even more important - to stay out of jail. Changing your mind on K-1 usually means you need to go back to your home but I am not sure if there is a way for you to stay here. It's better to go back and not marry if you found that you two are incompatible but it may be very hard to change your status to something else now that you are here illegally or out of status. Good Luck

[john_and_marlene 162]

I am not married and I've changed my mind about marrying the person I came here for, it a very long story. I want to leave by myself. If I do that by my own will, can I escape going to jail? I am in this situation for the first time and I have no idea what to do. I really need your help!!!

3 year bar means that if you leave the country you won't be able to come back here for three years for sure.

If you leave voluntarily before authorities arrest you, you will be allowed to depart without difficulty. Be sure to turn in your I-94 on departure so there is a clear record that you departed before the 10 year bar would be triggered. Once arrested, you may have some jail time even if you are willing to leave.

It's sad that your fiance did not take the immigration laws seriously and that you have had to pay the price for his inaction. It's also sad that others here have pointed condescending fingers at you without knowing the background. I wish you well and hope that you can put this behind you and find happiness in your future.

[BlakeandOlha 0]

Tashyta, I'm sorry that you have gotten into the situation you have, it is very unfortunate that your fiancee did not take his vow to marry you seriously. It is also unfortunate that you did not seek help until nine months after your visa had expired. The simple fact is that now you are in a predicament that does not have a happy ending - at least in the short term. Your only option to stay in the US when you first posted here was to marry and then spend the money on an attorney to help you through the hurdles. It sounds as if you've come to the conclusion that your fiance (if he can be called that) is not the man you wish to marry.

You've gotten yourself to the three year ban on re-entry, and risk arrest, detainment and deportation at this point if you continue to stay illegally. If you do decide to risk staying here illegally you are very limited in the types of jobs that you can have, and risk being exploited by not very nice people. I am sure that is not the kind of life you want to have. So....

I would suggest you seriously consider returning to the Ukraine, and trying again, but this time with a person who is able to live up to their committments. You are still young, but you are probably much wiser than when you first arrived. The three years will go by faster than you think, and when you do return, it will be with a man you can trust to be there for you. Then you can start the right kind of life here, full of opportunity and hope - rather than fear.

Again, I am so very sorry that you have come to this point. All I can really suggest is that you try to salvage the possibility of a happy life here - by going back and then trying again. God bless.

Edited March 28, 2008 by BlakeandOlha