Need help with this situation

[Ruipo 1]

We are married and i have overstay for a while, we never have extra money to pay for the application. Now I have to go back for family emergency before applying anything. Any way i can come back? we are still married but i am sure there will be overstay record on my passport.

[aaron2020 11,651]

We are married and i have overstay for a while, we never have extra money to pay for the application. Now I have to go back for family emergency before applying anything. Any way i can come back? No, not on your overstayed visa. You would need to file for something that would allow you to come back; visa or AP. we are still married but i am sure there will be overstay record on my passport.

Is your spouse a US citizen?

What visa did you use to enter the US?

How long have you overstayed?

Edited September 11, 2015 by aaron2020

[Billett 14]

If you leave the country and you overstay your visa and then decide to come back they will not aloud you to enter the U.S., you fall in the 3-10 years bar. Better hold on try to save and send the I-130, is $420 dollars and later you can save the 1070 for the AOS.

[kzielu 1,154]

If you leave the country and you overstay your visa and then decide to come back they will not aloud you to enter the U.S., you fall in the 3-10 years bar. Better hold on try to save and send the I-130, is $420 dollars and later you can save the 1070 for the AOS.

I-130 gives him absolutely nothing in this case. He needs to file AOS to get AP and be able to come back.

[aaron2020 11,651]

If you leave the country and you overstay your visa and then decide to come back they will not aloud you to enter the U.S., you fall in the 3-10 years bar. Better hold on try to save and send the I-130, is $420 dollars and later you can save the 1070 for the AOS.

Filing the I-130 does not help with this situation. An I-130 alone does give anyone the right to enter the US.

The OP would need to file for AOS and get AP. No AP, no coming back.

[Billett 14]

Is true he needs to file for AOS any way if he leaves the country the OP can't come back but you will "still" need to file the I-130 in order to apply for AOS with I-485.

Plus the AP some times can be tricky to use, many got denied entrance to the U.S. Even with AP.

[aaron2020 11,651]

Is true he needs to file for AOS any way if he leaves the country the OP can't come back but you will "still" need to file the I-130 in order to apply for AOS with I-485.

Plus the AP some times can be tricky to use, many got denied entrance to the U.S. Even with AP.

Wrong again.

AP has been litigated. A court has ruled that using AP is like not leaving the US. The person must be let back in.

Where are you getting that using AP can sometimes be tricky to use and that many get denied entrance to the US?

[Billett 14]

Where else do you think? Here in VJ "experiences" cases. Is not the same for everyone.

[aaron2020 11,651]

Where else do you think? Here in VJ "experiences" cases. Is not the same for everyone.

Please provide links to these VJ "experiences" cases.

I have been a VJ member since 2008, and I have never come across anyone who was refused entry into the US with AP. You have been a member for less than a month, and I am shocked that you have found these cases where entry was refused with AP.

Since you asked where else I think, then I am going with you repeating erroneous warnings about AP and denied entry based on zero experiences. No one has ever come on VJ to say I was denied entry on AP. There are only warnings from people about possibly being denied entry with AP based on zero direct experiences.

The OP is looking for help. AP would help her. You do not need to scare her with false stories about AP and denied entry.

[Ruipo 1]

Is your spouse a US citizen?

What visa did you use to enter the US?

How long have you overstayed?

Yes, he is a US citizen. I had student visa when i enter the country. I overstay almost 8 months.

[Ruipo 1]

Thank you for all the help, since i cant edit the post, i need to make the case clear, i entered the US with student visa, and got married to a citizen before the visa expired, but we had financial problem to pay $1500 to apply for my AOS. Now i have to leave soon, and i have overstayed for 8 months. But i don't want to lose what we have been working on. What should i do to have the right to re-enter the country? I will be grateful to have someone give me a clear instruction.

Thank you all for the kind replies.

[Boiler 46,276]

You may not have a ban, might be OK as Students are usually admitted for Duration of Status.

You wife has to file an I 130 for you to get an immigration visa, all detailed in the wonderful guides on the site.

[belinda63 3,051]

As Boiler says you might not have an overstay since you were on a student visa but I have no idea how you would find out if you do or not.

Assuming you do have an overstay as soon as you leave you will have a three year ban from returning to the US. Your options are:

1. Leave, have the wife file the I-130, get denied at the interview, file the waiver, and hope your waiver and visa are approved.

2. Leave, serve out the ban, have the wife file the I-130, hopefully get the visa and return.

3. You and the wife live in some other country

4. You stay, file the I-130/I-485 packages concurrently and wait to receive your AP (about 90 days after you file if you do it correctly).

[Ruipo 1]

As Boiler says you might not have an overstay since you were on a student visa but I have no idea how you would find out if you do or not.

Assuming you do have an overstay as soon as you leave you will have a three year ban from returning to the US. Your options are:

1. Leave, have the wife file the I-130, get denied at the interview, file the waiver, and hope your waiver and visa are approved.

2. Leave, serve out the ban, have the wife file the I-130, hopefully get the visa and return.

3. You and the wife live in some other country

4. You stay, file the I-130/I-485 packages concurrently and wait to receive your AP (about 90 days after you file if you do it correctly).

Sadly i am certain i have overstay because I actually dropped out school and move to a new city with my husband. The problem is that we don't really have much money, I remember the package cost around $1500. We would've applied for this long time ago if we had the extra cash. Do you think i can file just one form, i know the package cost less if i file together, but right now i have to do what i can afford.

[aaron2020 11,651]

Hi,

Boiler is correct, F-1 students are admitted for the duration of their stay. You are unlikely to have a ban.

Here are your options IMHO;

1. File for AOS and AP. Wait around 90 days to get AP. Leave with AP and return to get your green card.

2. Leave without AP. USC spouse will need to file an I-130 and the process will take 6-12 months for an immigration visa.

You will have to decide between a) being here with your wife and not travel home for the family emergency or b) travel home for the family emergency knowing that you can not come back for at least a year.