Overstay and visas

[mdisalvatore 0]

Hi! I got married two months ago and im overstaying right now, about to apply for my green card; but we realize that we may want to go to my country for one year.

Can I leave US in overstay if im married with a US citizen?

[payxibka 10,045]

17 minutes ago, mdisalvatore said:

Hi! I got married two months ago and im overstaying right now, about to apply for my green card; but we realize that we may want to go to my country for one year.

Can I leave US in overstay if im married with a US citizen?

You can always leave,  under what scenario do you want to return?  Marriage alone doesn't mean anything. 

[Chancy 6,241]

24 minutes ago, mdisalvatore said:

Hi! I got married two months ago and im overstaying right now, about to apply for my green card; but we realize that we may want to go to my country for one year.

Can I leave US in overstay if im married with a US citizen?

 

You can leave the US anytime.  There is no CBP interview when exiting.  The problem is how to get back in.

 

Are you about to send in your Adjustment of Status package?  How soon are you planning to go to your country and live there for a year?

 

If you want to be able to return to the US without abandoning your application for adjustment, you would need to wait for Advance Parole to be issued before you leave the US.  But I doubt AP allows you to be out of the US for a year.

 

If you must leave the US soon, don't apply for adjustment.  Instead, have your spouse file an I-130 petition for you, leave the US, wait out the petition and consular processing in your country, then return to the US when you get your spouse visa.

 

Edited September 16, 2020 by Chancy

[mdisalvatore 0]

18 minutes ago, Chancy said:

 

You can leave the US anytime.  There is no CBP interview when exiting.  The problem is how to get back in.

 

Are you about to send in your Adjustment of Status package?  How soon are you planning to go to your country and live there for a year?

 

If you want to be able to return to the US without abandoning your application for adjustment, you would need to wait for Advance Parole to be issued before you leave the US.  But I doubt AP allows you to be out of the US for a year.

 

If you must leave the US soon, don't apply for adjustment.  Instead, have your spouse file an I-130 petition for you, leave the US, wait out the petition and consular processing in your country, then return to the US when you get your spouse visa.

 

I didn’t apply yet. Just making ready the papers. I don’t know how many time we will out but I’m planing to apply to green card from outside the us for next time that I’m planing come back

[mdisalvatore 0]

23 minutes ago, payxibka said:

You can always leave,  under what scenario do you want to return?  Marriage alone doesn't mean anything. 

I’m planing to apply for green card from my country. So I can come back with a green card. But I’m afraid to leave now that I’m overstaying 

[payxibka 10,045]

Just now, mdisalvatore said:

I’m planing to apply for green card from my country. So I can come back with a green card. But I’m afraid to leave now that I’m overstaying 

You would be applying for a spousal visa that becomes a greencard after entry.  

 

Why are you afraid to leave?

[Cndn 98]

2 minutes ago, payxibka said:

You would be applying for a spousal visa that becomes a greencard after entry.  

 

Why are you afraid to leave?

She’s afraid her overstay will cause a denial I’m guessing. 

[mdisalvatore 0]

2 minutes ago, payxibka said:

You would be applying for a spousal visa that becomes a greencard after entry.  

 

Why are you afraid to leave?

I’m in overstay without any visa or any status. I’m afraid that when I’ll try to go out they will found it out and don’t let me come back in for some years. That’s the law, but I don’t know if they forgiven you if u are married with a citizen..

[Crazy Cat 41,886]

1 minute ago, mdisalvatore said:

I’m in overstay without any visa or any status. I’m afraid that when I’ll try to go out they will found it out and don’t let me come back in for some years. That’s the law, but I don’t know if they forgiven you if u are married with a citizen..

How long have you overstayed?

[geowrian 22,337]

Any existing visa you have is already revoked as of the first day of overstay.

If you have not overstayed by 180+ days, there is no ban. Being married to a USC does not change if a ban applies or not.

Once you meet or exceed 180 days of overstay, there is a 3 year bar (10 year bar at 1 year overstay).

 

There is a waiver for the overstay, but this adds cost, time, and is not guaranteed.

Be sure to leave before the 180 days of overstay. Don't cut it even remotely close.

And if caught by ICE beforehand, you risk a removal, which has a ban on any visa as well.

[mdisalvatore 0]

5 minutes ago, Cndn said:

She’s afraid her overstay will cause a denial I’m guessing. 

Exactly. Leaving while overstay 

[mdisalvatore 0]

8 minutes ago, Lucky Cat said:

How long have you overstayed?

Two months already

[JFH 12,190]

6 minutes ago, mdisalvatore said:

Two months already

Then there is no ban, yet. 

[payxibka 10,045]

7 minutes ago, mdisalvatore said:

Two months already

We know the law, we just didn't know if it applies because you didn't provide enough information.   No ban until 180 days of overstay 

[Ryan H 3,812]

Moved from K1 Process & Procedures to General Immigration-Related Discussion.