I need to leave the US, help?!!??

[Ms. Tillery 0]

Hello, I post my case a few days ago, I overstay my waiver visa 4 months and now I'm trying to get all the paper rights, The only problem is that I probably need to leave this week because one my family member is really sick back home. I don't care If I cannot come back straight away, but can I still apply for my residence from spain, my husband will stay here and he will try to do everything, even If it will take a few months, The only thing I really want to know if i will have any problem as I left US. I need to make a decision today and I'm really concerned about it. Thank you very much

[Brian121957 43]

Why did you over stay 4 months?

[Ms. Tillery 0]

I overstayed because I met my husband and we got married a month after my waiver expired, I couldnt start all the process before for personal reasons. My visa expired July 10th and I got married August 1st. That's it. As I said now Im trying to get all the documents and I was hoping to send everything in the next 2 weeks, my question is If can still do the same process from Spain, Or it will be a problem because I overstayed.

[Inky 1,111]

It will take you much much longer than a few months to come back to the USA if you leave without being approved and having your green card.

If you file and then leave without AP you will not be able to return and you will be abandoning your process and have to start all over again.

[Ms. Tillery 0]

Thanks for the reply, I actually dont care about the time, I'm actually pregnant so I wouldn't care to stay at home longer, My husband probably expend some time in Spain too , my only issue if it would take more paperwork, more isuues, what's the difference of the procedure?

[Brother Hesekiel 2,236]

Hello, I post my case a few days ago, I overstay my waiver visa 4 months and now I'm trying to get all the paper rights, The only problem is that I probably need to leave this week because one my family member is really sick back home. I don't care If I cannot come back straight away, but can I still apply for my residence from spain, my husband will stay here and he will try to do everything, even If it will take a few months, The only thing I really want to know if i will have any problem as I left US. I need to make a decision today and I'm really concerned about it. Thank you very much

If you leave before you overstayed 180 days, you don't trigger a bar. You'll be back in about 8 months. Your husband will file an I-130 for you ASAP and once the petition has made its way to Barcelona, you'll apply for a CR-1 visa at the U.S. consulate there.

[Inky 1,111]

You'll be back in about 8 months.

Not really since she is pregnant. Cant fly on 8th month or if she had the baby then they would have to deal with all that as well before being able to come back to the USA.

[VanessaTony 3,567]

Not really since she is pregnant. Cant fly on 8th month or if she had the baby then they would have to deal with all that as well before being able to come back to the USA.

Agreed. She will also have to apply for CRBA for the child so I'm thinking more like a year.

[Darnell 8,479]

there be two paths, you need to choose which you want to take:

--AOS here now or

--CR-1 Visa later at Barcelona

Good Luck !

[ceadsearc 516]

Not really since she is pregnant. Cant fly on 8th month or if she had the baby then they would have to deal with all that as well before being able to come back to the USA.

This is true, but she didn't say how far along she is. If she's already pretty far along she may be able to get everything squared away close to when her CR-1 would be approved. I'd still count on longer to be on the safe side, though, but the OP doesn't seem too concerned about staying in Spain for awhile particularly since she said her husband can come stay with her for a time, so it sounds like CR-1 is her best (only) option if she can't stay and complete AOS.