what will happen if i want to leave usa?

[jmcginley 0]

I came from England and married my boyfriend here in Texas on a tourist visa, in October 2012, I over stayed my 3 month visa and am still here with the intent to file for residency eventually. The ONLY thing is I need to visit back home in UK pretty soon and start the whole immigration process when i return, Im worried that I won't be able to return(for up to a year i heard)!! what do you think I need to do??

I haven't over stayed the visa by 6 months yet.

any advice would be greatly appreciated!

[Harpa Timsah 13,258]

If you have not yet overstayed by 6 months then you will not have a formal ban. You will not be able to use the VWP again, though, ever. You cannot return after your trip. You can go home, and start the spousal visa path, which takes 8-10 months and then move back to the US. If you had filed in October you could have travel permission by now.

[canadian_wife 1,822]

Since you've overstayed you cannot use the WVP anymore, meaning if you want to return you'll need to apply for a tourist visa however, with immigrant intent and an overstay, you are unlikely to be granted one.

Good luck

[lynndy38 64]

I'd imagine you're kicking yourselves now for not filing ASAP.

Could you file now and wait to visit the UK?

Like the other posters said you wont be able to use the VWP now. So you either file in the US and wait or go back to England and have to wait but live apart from your husband.

Was you meant to file for adjustment of status straight after your marriage?

Hope you can figure it out. Noone likes the process and to be apart from their loved ones but its necessary and we don't really have much of a choice most of the time.

[JZRA 0]

This can cause major trouble because they will assume that you lied whenever your tourist visa was issued. They will assume that your intention was to marry and they will consider this like a lie. My fiancee tried to get a tourist visa and when they asked what was the purpose of the trip she replied "To visit my boyfriend" and the officer immediately denied the visa. Did they ask you what was the purpose of your trip during your tourist visa interview? what did you say? This can be considered fraud in some cases.It depends on who will handle your case.

[Nich-Nick 3,354]

I came from England and married my boyfriend here in Texas on a tourist visa, in October 2012, I over stayed my 3 month visa and am still here with the intent to file for residency eventually. The ONLY thing is I need to visit back home in UK pretty soon and start the whole immigration process when i return, Im worried that I won't be able to return(for up to a year i heard)!! what do you think I need to do??

I haven't over stayed the visa by 6 months yet.

any advice would be greatly appreciated!

I would just stay put and file for adjustment of status at this point. The UK won't give you a tourist visa and you wont be able to come back on VWP again. You've kinda made a mess with that overstay, so I think the best way out of it is get a greencard before you leave the US again.

[lost_at_sea 995]

This can cause major trouble because they will assume that you lied whenever your tourist visa was issued. They will assume that your intention was to marry and they will consider this like a lie. My fiancee tried to get a tourist visa and when they asked what was the purpose of the trip she replied "To visit my boyfriend" and the officer immediately denied the visa. Did they ask you what was the purpose of your trip during your tourist visa interview? what did you say? This can be considered fraud in some cases.It depends on who will handle your case.

She's from the UK so she won't have had a visa interview as a tourist - the UK and the USA have an agreement known as the Visa Waiver Programme, so she only had to apply for an ESTA clearance (which is done online, and is essentially just paying a few bucks for 2 years clearance at a time - there's no official checks done or interviews etc.).

On her POE she may have been asked what the purpose of her visit was and if she had a return ticket etc., but they're not usually all that picky it appears with British travellers (travelling to the US multiple times over 18 months to visit my other half with "visiting my boyfriend" never caused me any issues - I suspect they do some low level demographic profiling and seeing if you normally travel etc. and for how long, if you have a return plans etc. and just make a quick judgement call).

[jmcginley 0]

thanks guys, I think my best bet is to stay and get the i130 and 1485 in process, do you think it is better to post these out at the same time? I wonder how long the wait is for the processing time?

When I arrived I really didn't intend to get married and stay, I was planning on returning after my 3 months was up, this is why I need to take a visit back to uk because I only came here with a backpack!

But a lawyer friend recommended to stay and apply for AOS.

I will try and apply for advanced parole too...

[Nich-Nick 3,354]

thanks guys, I think my best bet is to stay and get the i130 and 1485 in process, do you think it is better to post these out at the same time? I wonder how long the wait is for the processing time?

When I arrived I really didn't intend to get married and stay, I was planning on returning after my 3 months was up, this is why I need to take a visit back to uk because I only came here with a backpack!

But a lawyer friend recommended to stay and apply for AOS.

I will try and apply for advanced parole too...

Prepare separate applications including everything asked for in each. Then put them in the same envelope and mail together. Some things will be duplicated if each application asks for it. AP does not guarantee they will let you back in. Safer to wait for the greencard.

[Harpa Timsah 13,258]

Yes, you absolutely file the I-130 and the I-485 at the same time, in the same package. Here is the VJ guide. http://www.visajourney.com/content/i130guide2

There are a lot of other forms too.

EAD and AP will be approved within 3 months, the whole AOS can take 4-6 months or more, depending on your local office.

[jmcginley 0]

thanks, I heard i can send the I130 first and send the I485 following with the receipt of the I130, I hope this won't delay things too much, It's just we can't afford to send them both right now as my husband is unemployed and has been for the last year, he's looking desperately for a job now but we have just been living off savings, will this affect anything? how can we fill out the Form I-864??

your answers have helped me a great deal so far.

[Harpa Timsah 13,258]

Filing I-130 by itself gives no benefit or legal status at all. It will also not speed up the process later. The I-485 will take the same time to approve whether there is an I-130 filed before or not. So you can file them separately, but doing so it an utter waste of time. Filing the I-485 will get you in a period of authorized stay, permit you to apply for an EAD and AP, and protect you from deportation. Filing the I-130 now will do nothing for your status and just extend your living here illegally.

You need a qualifying sponsor to file AOS. You can use a co-sponsor to qualify.