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Meltyr

Urgent: F1 OPT Overstay

By Meltyr in Student & Exchange Visitor Visas

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caliliving Proficient

caliliving   606

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Filed: AOS (apr) Country: Canada
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You have NO BAN as you were admitted on a D/S!!!

 

Are you still married?? or did you and the boyfriend break up?? if you are still married, you can LEGALLY do the AOS petition and have a greencard within 5 months and you will be legal to stay!!! That is your best bet.  However, if you are not still married, then you can not do that (and i advise you to have a divorce before you leave the usa)

Meltyr Newbie

Meltyr   0

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On 9/28/2017 at 6:04 PM, Boiler said:

On what basis would you be looking to come back, and when?

I would like want to come back to visit my friends and maybe come here for a holiday in a year or two?  I'm wondering would it be hard for me to come to the US with this overstay. I'm from a country with the Visa Waiver Program. So could I still apply for ESTA at least 72 hours prior to departure? 

Meltyr Newbie

Meltyr   0

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On 9/28/2017 at 10:23 PM, caliliving said:

You have NO BAN as you were admitted on a D/S!!!

 

Are you still married?? or did you and the boyfriend break up?? if you are still married, you can LEGALLY do the AOS petition and have a greencard within 5 months and you will be legal to stay!!! That is your best bet.  However, if you are not still married, then you can not do that (and i advise you to have a divorce before you leave the usa)

I am still married but we have the divorce pending. That said, if someone from immigration brings up the ban, I should just quote that I was admitted on a D/S right? 

maryLu Enthusiast

maryLu   58

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Filed: Other Country: Romania
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43 minutes ago, Meltyr said:

I am still married but we have the divorce pending. That said, if someone from immigration brings up the ban, I should just quote that I was admitted on a D/S right? 

You are out of status without unlawful presence. You are not eligible to adjust status in the USA (unless you are married to a USC), but you can do consular processing .  My husband entered in f1 stayed in school for 8 years, however he stopped and went out of status. We have an approved I140 so he is going to consular processing. Because he has D/S on I94 he doesn't have unlawful presence, so he is eligible for the immigrant visa. (It might be an issue  if you try to get another non-immigrant visa, but for immigrant visa your are ok).

 

Boiler Grand Master

Boiler   45,880

Posted
Filed: K-1 Visa Country: Wales
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Posted

You can certainly apply for ESTA authorisation, not sure that you would get it, so that would be the first step.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

 
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