Got married before I overstayed my Visa.

[xragdoll 0]

I hope this is in the right place!

This issue has been bugging for some time now but everytime I look for information on it, it doesn't really apply to my situation and I can't afford a lawyer.

Basically in May 2011, I entered the US on the Visa Waiver Programme. I got married in July that year, and my visa expired August of that year. We didn't have the money to get an Adjustment of Status like I read that I was supposed to do. I left the US in April of 2012 because my Grandmother was sick and dying so I had to leave. I've done some reading online and I didn't realize that this would cause a ban since I didn't adjust my status. But since i'm married, there has to be a way around it, right?

Can anybody give me advice and/or tips on what to do?

[*Snowdrop* 604]

Unfortunately the 'way around it' is a long one.

Your spouse will have to apply for a spousal visa for you. Sending it the I-130 form etc (see guides at top). You'll get to the interview stage (be aware this will take several months) and because of your overstay (have you calculated exactly how many days to see how long the ban is?) you will have triggered a ban and will be denied.

At this point you will need to file a hardship waiver - you can get it ready and have it there at the interview to hand in I think. Your spouse will need to demonstrate why it's a hardship to him/her if you don't return.

Then you will have to wait for this to be adjudicated too - which again can take several months.

The only way for you and your spouse to be together in the meantime would be to move to your home country. In which case you could delay filing for a little while and wait until the ban was over before applying to return to the US?

[xragdoll 0]

I just checked, and according to my calculations, I overstayed by 30 weeks(235 days, to be exact). So i'm not sure how long of a ban that is. I got told 3 years by one person, 10 years from another. We got married before my Visa was up, so I didn't figure it would be a problem. I made a mistake and went over on the wrong visa, since the VWP was the only one I knew of. I should've done my research and gone on the K Visa, I think it's called. I thought since we got married before the overstay that we could just apply for the I-130 form and the overstay wouldn't matter.

My husband moving over here is next to impossible, he simply refuses. He has his whole family over there and he's used to it. It's also extremely hard to get a job over here, much harder than in the US.

Edited February 16, 2013 by xragdoll

[Xanax 349]

After 180 days, you will be subject to a three-year ban from the United States. After one year of overstay time, this three-year ban is extended to 10 years.

[xragdoll 0]

So for my it's only a 3 year ban? That's lucky, considering if I stayed another 100+ days, it could've been a 10 year ban. Jeepers! Talk about lucky. I was told somewhere else that it was a 10 year ban.

[Xanax 349]

So for my it's only a 3 year ban? That's lucky, considering if I stayed another 100+ days, it could've been a 10 year ban. Jeepers! Talk about lucky. I was told somewhere else that it was a 10 year ban.

You will need to file a waiver either way or wait it out, though.

[xragdoll 0]

You will need to file a waiver either way or wait it out, though.

I figured! So I just need to form I-130 and just wait it out?

I was told that even if I filed it that I could still be denied entry if I did get the waiver.

[Hypnos 6,578]

Overstay of between 180 and 364 days incurs a three year bar from the US, and overstay of 365 days or more incurs a ten year bar from the US.

For 235 days, you have received a three year bar. This began the day you left the US (so if you left on 1st April 2012, for example, your bar would last until 1st April 2015).

Your choices are:

(i) Serve out the bar then reapply once it's over.

(ii) Apply for an I-601 waiver of your inadmissibility. You should note that you have to demonstrate why it would be a hardship to the US citizen spouse for you not to be admitted to the US, and not to you. This can often be a difficult thing to accomplish, and so I would recommend that you at least have a consultation with an AILA-certified immigration attorney who is experienced in waivers if you chose to pursue this option.

[Xanax 349]

I figured! So I just need to form I-130 and just wait it out?

I was told that even if I filed it that I could still be denied entry if I did get the waiver.

You can wait it out or file a waiver. There is no guarantee the waiver will be accepted though. I believe it costs about $600 (just for note). After you serve the ban you are ineligible to use the VWP again I believe as well so keep that in mind.

[Boiler 46,124]

What is your Husband doing about this?