Applying for Marriage Green Card from Abroad with overstay

[Boiler 46,246]

1 minute 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?

Theoretically yes.

 

Practically most unlikely

 

Di you work when in the US?

[Just Paul 4,595]

A B2 is harder to obtain after filing an I-130 as you have shown immigrant intent.

2 minutes ago, Boiler said:

Di you work when in the US?

OP: This can be problematic

[Lana and Tom 1]

3 minutes ago, Boiler said:

Theoretically yes.

 

Practically most unlikely

 

Di you work when in the US?

no, that was also one of the reason I thought it would be better to leave the US. I got a job in the US through my old job in Canada, but would not have been able to work from the US. The lawyer said I would need to return to Germany so I could already start working for that company and then be employed onces my Green Card would be done.

 

[aaron2020 11,651]

Was this an immigration lawyer?  Or a general practitioner?

 

 

Edited October 26, 2020 by aaron2020

[Lana and Tom 1]

31 minutes ago, Boiler said:

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.

what do you mean, I would have had 30 more days? I also dont really understand if you get the ban when you overstay 180 days or from day 181 on.

[Just Paul 4,595]

12 minutes ago, Lana and Tom said:

The lawyer said I would need to return to Germany so I could already start working for that company and then be employed onces my Green Card would be done.

Argh . . . Adjusting and getting an EAD could have been so much less painful.  I'm guessing that was an attorney that mostly did employment immigration.   Plus the work part would have been forgiven via marriage.

Edited October 26, 2020 by Paul & Mary

[Lana and Tom 1]

1 minute ago, aaron2020 said:

Was this an immigration lawyer?  Or a general practitioner?

An immigration lawyer. He was a collegue from the lawyer my old job hired to try to keep me in Canada.

[Just Paul 4,595]

2 minutes ago, Lana and Tom said:

I would have had 30 more days?

Another 30 or even 180 days would yield the same ban

[aaron2020 11,651]

1 minute ago, Lana and Tom said:

An immigration lawyer. He was a collegue from the lawyer my old job hired to try to keep me in Canada.

It's hard to see how an experienced immigration lawyer would advise you to leave instead of adjusting status.  Was the need to work a consideration and waiting for an EAD while adjusting status was not desirable?

[Lana and Tom 1]

2 minutes ago, Paul & Mary said:

Argh . . . Adjusting and getting an EAD could have been so much less painful.  I'm guessing that was an attorney that mostly did employment immigration.   Plus the work part would have been forgiven via marriage.

It  really hurts finding out all of that now. I do think you are right and he was mostly doing employment immigration. It is just so frustrating.

[PaulaCJohnny 713]

45 minutes ago, Lana and Tom said:

My overstay  in the US was 180 days.

 

180 days are more or less 6 months...

[Dashinka 24,870]

3 minutes ago, Paul & Mary said:

Argh . . . Adjusting and getting an EAD could have been so much less painful.  I'm guessing that was an attorney that mostly did employment immigration.   Plus the work part would have been forgiven via marriage.

Yes, it is unfortunate for the OP that the lawyer did not lay out all the options, but it is what it is.  I don't see the I601 as being really complicated here since it did not involve things like past crimes, etc., but the OP will have to wait until the interview to find out what the bar will be.

[aaron2020 11,651]

5 minutes ago, Lana and Tom said:

what do you mean, I would have had 30 more days? I also dont really understand if you get the ban when you overstay 180 days or from day 181 on.

Overstaying 180 days to less than a year results in a 3 years ban.  

[aaron2020 11,651]

1 minute ago, Paula&Johnny said:

180 days are more or less 6 months...

No.  The law is very precise.  180 days is not the same as 6 months.  

[Lana and Tom 1]

6 minutes ago, aaron2020 said:

It's hard to see how an experienced immigration lawyer would advise you to leave instead of adjusting status.  Was the need to work a consideration and waiting for an EAD while adjusting status was not desirable?

this is what he wrote after we spoke on the phone:

If you and your partner marry, your partner would be able to submit an I-130 petition for you, which is the first step in obtaining a Green Card as the spouse of a U.S. citizen. However, you would still not be able to obtain your Green Card from within the U.S. as your VWP status has expired. This type of petition usually takes between 4 and 6 months, and afterward there is consular processing in your home country. In all events you should account for around a year before you are able to obtain your immigrant visa.

Finally, in all events you should make sure that you leave the U.S. within 6 months of the expiration of your VWP period of admission. Based on our discussion you had indicated that the VWP period had expired a few weeks ago, so I would recommend leaving in fall at the latest (ca. September / October).

Edited October 26, 2020 by Lana and Tom