Visa expired over 2 years and planned to apply for green card please help

[immi06 0]

I'm entry U.S with a fiance visa but i didn't get marry with that person and my visa expired over 2 years. I'm about to get marry with a U.S citizenship person. Is there any chance i could apply for a green card? Thanks

[sachinky 465]

You will have to return to your country once you are married and have your husband file a CR-1 for you.

You cannot adjust your status on your marriage to a USC as the only way to adjust on a K-1 entry is by marriage to your ORIGINAL USC petitioner.

Expect some tough questioning at the interview.

Edited April 11, 2010 by sachinky

[coraliesolms 47]

EEK!! I believe your only option right now (as you are DEFINATELY out of status) is to get married, go back to your home country and do the CR-1. And you should do it pretty quickly.

Although, I dont know. When you leave its going to trigger an overstay ban. Maybe someone else can answer this. Can the OP get married and still do AOS?

[Bobby+Umit 161]

You will have to return to your country once you are married and have your husband file a CR-1 for you.

You cannot adjust your status on your marriage to a USC as the only way to adjust on a K-1 entry is by marriage to your ORIGINAL USC petitioner.

Expect some tough questioning at the interview.

This is correct - and to add on - the OP is looking at a 10 year ban (2 years overstay) - a waiver would be required.

(the ban does not kick in till you attempt to re-enter the US - which you will need to do, because of the above)

[sachinky 465]

Forgot to add the part about the 10 year ban due to the 2 year overstay.

Would that require a hardship waiver?

[coraliesolms 47]

I figured that was the case..hence the "EEK". I really dont get why people overstay...NOT WORTH IT!!

[Dakine 26]

Don't marry until you talk to a a GOOD immigration lawyer.

[belinda63 3,041]

agree with all the above. Can't adjust status except with marriage to original petitioner, ban for overstay, big EKKKKK

[When2RNLove 6]

Don't marry until you talk to a a GOOD immigration lawyer.

No matter how GOOD an Immigration Lawyer is, their hands can be tied too. Just hope for the best for this person.

[Dakine 26]

No matter how GOOD an Immigration Lawyer is, their hands can be tied too. Just hope for the best for this person.

Hoping don't count. OP faces some options.

Marry in the US and try to adjust status.

Marry and return home and try the CR-1 .

Not marry and go home and try another K1.

Either one can have HUGE negative results if denied and waivers denied also.

[When2RNLove 6]

Hoping don't count. OP faces some options.

Marry in the US and try to adjust status.

Marry and return home and try the CR-1 .

Not marry and go home and try another K1.

Either one can have HUGE negative results if denied and waivers denied also.

I would marry too, of course because you love the person, and I too, would not let anything stop me, but what I'm saying for example, let's say a person is in front of a judge, be it Immigration or Criminal, that Judge DOES NOT have to except recommendations from the Defense or Prosecuting Attorney/Lawyer, I speak from experience being involved with Criminal Law.

[justashooter 430]

to clarify, there is no good ending for this case.

marrying in USA will result in an unadjustable status. still illegal and deportable.

marrying in USA and returning to home country for CR1 will trigger a 10 year ban on departure that may be waiverable, but is generally not. see an immigration atty on this.

leaving and attempting K1 will result in 10 year ban and likely K1 denial, even with waiver attempt.

leaving, marrying in home country, and trying CR1, same result.

don't hang any hope on "immigration reform" it ain't gonna happen in any form that will help you.

[Dakine 26]

to clarify, there is no good ending for this case.

marrying in USA will result in an unadjustable status. still illegal and deportable.

marrying in USA and returning to home country for CR1 will trigger a 10 year ban on departure that may be waiverable, but is generally not. see an immigration atty on this.

leaving and attempting K1 will result in 10 year ban and likely K1 denial, even with waiver attempt.

leaving, marrying in home country, and trying CR1, same result.

don't hang any hope on "immigration reform" it ain't gonna happen in any form that will help you.

Sad but true. There needs to be a way out as people will just stay illegal and not add much to our country.

[Kathryn41 3,205]

Quite honestly, this is the time for the two of you to look at moving to your home country to live as a married couple. There is no way to remain in the US and adjust status except through the man who originally sponsored your K-1. Every option requires you to leave the US and apply for the appropriate visa - which will trigger a 10 ban on re-entry due to the illegal presence. If you want to marry and live together investigate what is involved in his immigrating to your country. At the very least you could wait out the ban there, then the two of you move back to the US when it is finished and continue to live here.

Edited April 12, 2010 by Kathryn41

[JimVaPhuong 4,863]

I would marry too, of course because you love the person, and I too, would not let anything stop me, but what I'm saying for example, let's say a person is in front of a judge, be it Immigration or Criminal, that Judge DOES NOT have to except recommendations from the Defense or Prosecuting Attorney/Lawyer, I speak from experience being involved with Criminal Law.

True, but the judge does have to follow the law, and not simply make things up to suit his preferences. The INA and CFR don't provide much wiggle room here. If the OP marries and tries to adjust status in the US, they will find themselves standing in front of an immigration judge (unless they accept a voluntary departure), and there's very little chance that anything would stop the deportation.