Applying for Marriage Green Card from Abroad with overstay

[Lana and Tom 1]

Hello everyone,

 

I am a German citizen married to an USC. I was working in Canda and goy stranded in the States after the borders closed.

After I found out that I could not get a renewal of my work visa in Canda due to Covid, I conntacted a lawyer. I asked him if my overstay would have any consequences and if the marriage that we were planning would actually be legal (I entered the US on a visa waiver). His answer was that if my overstay is less than 6 months, it will not have any cosequences and there should be no problems regaring the marriage. BUT he advised me to go back to Germany, so I would not overstay more than the six months.

So after our marriage I returned back to Germany. Me and my husband started the process of filing for the I-130 and I-130 A and decided to get help through boundless. Today I received an email from them telling me they cannot proceed helping us, because the case is too complicated due to the overstay of 180 days. My lawyer was always talking of 6 months and not 180 days, so I find myself now in what I feel like a very screwed up situation, afraid that I will face a 3 year bann to the US.

Does anyone have experience applying for a Marriage Green Card from abroad with an overstay? My first reaction was to look for a lawyer, but reading through the forum, I got pretty discouraged with everyone saying that a lawyer just complicates the process. And I also feel like my lawyer's advise to leave the country was wrong.

I would be very very thankful for your help!

Edited October 26, 2020 by Lana and Tom

[Just Paul 4,595]

You overstayed in Canada?   That wouldn't require a waiver in the US.

[Just Paul 4,595]

How many days was the overstay in the US?

[Lana and Tom 1]

My overstay  in the US was 180 days.

 

[Crazy Cat 42,547]

What was your status 

21 minutes ago, Lana and Tom said:

Hello everyone,

 

I am a German citizen married to an USC. I was working in Canda and goy stranded in the States after the borders closed.

After I found out that I could not get a renewal of my work visa in Canda due to Covid, I conntacted a lawyer. I asked him if my overstay would have any consequences and if the marriage that we were planning would actually be legal (I entered the US on a visa waiver). His answer was that if my overstay is less than 6 months, it will not have any cosequences and there should be no problems regaring the marriage. BUT he advised me to go back to Germany, so I would not overstay more than the six months.

So after our marriage I returned back to Germany. Me and my husband started the process of filing for the I-130 and I-130 A and decided to get help through boundless. Today I received an email from them telling me they cannot proceed helping us, because the case is too complicated due to the overstay of 180 days. My lawyer was always talking of 6 months and not 180 days, so I find myself now in what I feel like a very screwed up situation, afraid that I will face a 3 year bann to the US.

Does anyone have experience applying for a Marriage Green Card from abroad with an overstay? My first reaction was to look for a lawyer, but reading through the forum, I got pretty discouraged with everyone saying that a lawyer just complicates the process. And I also feel like my lawyer's advise to leave the country was wrong.

I would be very very thankful for your help!

If you officially overstayed in the US for 180 days, you incurred a 3 year ban upon exiting the US.  Attorneys don't suffer the consequences of inaccurate advice.  Their clients do.  There is a waivers forum here which might give some help.

Edited October 26, 2020 by Lucky Cat

[Boiler 46,246]

The logical thing would have been to stay and adjust, too late now.

 

Also you could have had an extra 30 days and been OK.

 

Co determines the length of any overstay and if applicable the bar and waiver required, so just delays the process.

[Just Paul 4,595]

Yup - file and then at the interview you will find out what options are left.  There may be some "forgiveness" due to COVID.  That remains to be seen but you are not alone.

[Lana and Tom 1]

I just really feel like I got all the wrong advise...Do you think I need to have a lawyer now like the people from boundless suggested? It is really hard for me to trust another lawyer after this experience.

[Lana and Tom 1]

3 minutes ago, Paul & Mary said:

Yup - file and then at the interview you will find out what options are left.  There may be some "forgiveness" due to COVID.  That remains to be seen but you are not alone.

So I will not know up until the interview / 1 year if I am banned? That also means I might not even be able to enter for the interview...

[Just Paul 4,595]

3 minutes ago, Lana and Tom said:

Do you think I need to have a lawyer now like the people from boundless suggested?

No.   There is nothing a lawyer can do that you can't do at this point.

[Dashinka 24,870]

5 minutes ago, Lana and Tom said:

I just really feel like I got all the wrong advise...Do you think I need to have a lawyer now like the people from boundless suggested? It is really hard for me to trust another lawyer after this experience.

More than likely you will need to do an I601 waiver since you weren't deported.  I would start here, and although a bit more complicated, you can still DIY.

 

Good Luck!

 

 

2 minutes ago, Lana and Tom said:

So I will not know up until the interview / 1 year if I am banned? That also means I might not even be able to enter for the interview...

The interview will be in Germany, not inside the US.  The unfortunate thing now is that ESTA/WVP will be gone for you.

 

Edited October 26, 2020 by Dashinka

[Just Paul 4,595]

1 minute ago, Lana and Tom said:

That also means I might not even be able to enter for the interview...

Interview is at the consulate in Germany.

[Lana and Tom 1]

2 minutes ago, Dashinka said:

More than likely you will need to do an I601 waiver since you weren't deported.  I would start here, and although a bit more complicated, you can still DIY this.

 

Good Luck!

 

 

The interview will be in Germany, not inside the US.  The unfortunate thing now is that ESTA/WVP will be gone for you.

 

Thank you, that is very helpful! Would a B1/B2 (I work for an american company as a freelancer) still be an option?

[Dashinka 24,870]

Just now, Lana and Tom said:

Thank you, that is very helpful! Would a B1/B2 (I work for an american company as a freelancer) still be an option?

You can always try for a B1/B2, but previous overstays will be taken into account.

[Just Paul 4,595]

You can do a I-601 easily - especially in the time of COVID.  https://www.lawfirm4immigrants.com/how-to-win-your-i-601-or-i-601a-waiver-application/   

 

2 minutes ago, Lana and Tom said:

Thank you, that is very helpful! Would a B1/B2 (I work for an american company as a freelancer) still be an option?

It is off the table for now as you can not get waiver for a B2.  You could wait  few more months and try

Edited October 26, 2020 by Paul & Mary