Overstayed ESTA, had child and married US citizen.

[Crazy Cat 41,887]

3 minutes ago, Jorgedig said:

I may be wrong, but even for current service members.....the only expedites I've seen that are directly related to being in the military was when there was a deployment involved.

That is my understanding, too.

[Rocio0010 5,579]

Sorry about your grandpa.

Unfortunately because you’re out of status now, if you leave, you’ll incur in a 10 year bar.
File I-130, I-864, I-485, I-765 and I-131 yesterday. 
Or leave, your spouse files an CR1 for you while you stay outside of the country. Then when the interview comes, they’ll tell you you need a waiver. This will take 1-2 years, where you won’t be able to visit the US.

 

Lack of action in the past has consequences.

[Cathi 5,755]

10 hours ago, Torgi said:

I came to the Us in 2020 on an esta to spend time with my boyfriend. However my country Australia was making it very difficult to get back so the US kept extending my visit untill June 2021. I found out I was pregnant and stayed and had the baby. Me and my boyfriend then decided to get married. However I need to go back to Australia due to a family emergency next month. What ways can i go about this so I wont be banned. I am fine with staying here in Australia for longer than a few months. Also to mention spouse is a former service member. 

How can it be an emergency if it's a month away?

[Torgi 2]

2 minutes ago, Cathi said:

How can it be an emergency if it's a month away?

Hes got under 2 months to live Cathy, thank you. 

[nastra30 2,287]

Oh no. The forms should have been sent right after the marriage and you would have been in a good shape by now to travel. Hindsight is 20/20.

I have nothing else to add as you've been given all the answers you need by others. I'm just hoping for you that all the stars will align and grandpa will be alive longer enough for you to see him when relevant papers become available to you.

[SalishSea 17,836]

2 hours ago, Torgi said:

Hes got under 2 months to live Cathy, thank you. 

You can leave anytime, to see your grandpa.  As you know, the problem is with returning, and the added wait time due to not having filed the forms when you first married.  But again, it's just added time, and added complexity due to the need for a waiver to return.

 

Take care and don't be too hard on yourself about your decision. ❤️

[Rlewis 73]

18 hours ago, Jorgedig said:

I may be wrong, but even for current service members.....the only expedites I've seen that are directly related to being in the military was when there was a deployment involved.

As a spouse of current Active Duty, there are no expedites unless it pertains to deployment and/or PCSing with family abroad. That's the only time I see there may be an expedite.

 

OP, there's definitely no fees waived for a regular situation, and nothing moves faster just because your partner is/was/former service member. Perhaps spouses may get assistance in paperwork and completing them if this was a case where your partner met you while he was abroad during a PCS, I've heard of bases assisting with paperwork, but that doesn't pertain to your situation.

 

It's best you follow what everyone here is recommending and do the steps as everyone has been doing.

 

Best of luck

[Demise 1,289]

19 hours ago, Torgi said:

No we havent filed for anything since we have been busy with a baby, but i started to fill out petition for alien relative and havent filed it.
 

Have been in the US since november 2020 and havent left.

Well file I-130, I-130A, I-485, I-765, I-131, I-864, and I-693.

Sucks, but you can't travel until USCIS approves your I-131, you might be able to do infopass and get an emergency advance parole (that will require you to have an I-485 pending), leaving before an I-131 approval would incur a 10 year ban.

 

Also, everyone here is kinda ignoring the fact that OP has been out of status for over 1 year and travel without having the advance parole (I-131) or green card (I-485) approved first would cause them to get a 10 year bar which would require an I-601 to get around.

Edited October 13, 2022 by Demise

[Crazy Cat 41,887]

13 minutes ago, Demise said:

Also, everyone here is kinda ignoring the fact that OP has been out of status for over 1 year and travel without having the advance parole (I-131) or green card (I-485) approved first would cause them to get a 10 year bar which would require an I-601 to get around.

Actually, the 10-year ban was mentioned several times on page 1.

Edited October 13, 2022 by Crazy Cat

[Demise 1,289]

4 hours ago, Crazy Cat said:

Actually, the 10-year ban was mentioned several times on page 1.

True, sorry, in my defense I looked over the thread right after I woke up.

[SalishSea 17,836]

4 hours ago, Demise said:

Well file I-130, I-130A, I-485, I-765, I-131, I-864, and I-693.

Sucks, but you can't travel until USCIS approves your I-131, you might be able to do infopass and get an emergency advance parole (that will require you to have an I-485 pending), leaving before an I-131 approval would incur a 10 year ban.

 

Also, everyone here is kinda ignoring the fact that OP has been out of status for over 1 year and travel without having the advance parole (I-131) or green card (I-485) approved first would cause them to get a 10 year bar which would require an I-601 to get around.

LOL wut?  Perhaps read through the thread.   The 10 year ban/waiver situation issue is the actual theme here.

[Torgi 2]

Ive decided I'll just go home, and stay for a few years with my daughter  🧡 Even if its longer than a few years its fine. We can try to waiver it afterwards and do a marriage visa but if not Sweet home Australia it is!

Also this is for service members and former service :
Discretionary Options for Military Members, Enlistees and Their Families | USCIS
See the deferred action section. Maybe it could help other out.

[Crazy Cat 41,887]

6 minutes ago, Torgi said:

Ive decided I'll just go home, and stay for a few years with my daughter  🧡 Even if its longer than a few years its fine. We can try to waiver it afterwards and do a marriage visa but if not Sweet home Australia it is!

Also this is for service members and former service :
Discretionary Options for Military Members, Enlistees and Their Families | USCIS
See the deferred action section. Maybe it could help other out.

Good luck.  I would not delay the issue.  Your spouse MUST file an I-130 to start the spousal visa process.  

[nastra30 2,287]

1 hour ago, Torgi said:

Ive decided I'll just go home, and stay for a few years with my daughter  🧡 Even if its longer than a few years its fine. We can try to waiver it afterwards and do a marriage visa but if not Sweet home Australia it is!

Awesome; at least you've weighed the pros and cons and made your decision. All the best with everything going forward. Also, your spouse should submit I-130 and the get the ball rolling.

[SusieQQQ 11,586]

3 hours ago, Torgi said:

Ive decided I'll just go home, and stay for a few years with my daughter  🧡 Even if its longer than a few years its fine. We can try to waiver it afterwards and do a marriage visa but if not Sweet home Australia it is!

Also this is for service members and former service :
Discretionary Options for Military Members, Enlistees and Their Families | USCIS
See the deferred action section. Maybe it could help other out.

Might be better to get your husband an Australian spouse visa, seeing as he (presumably) has no issues outstanding with Australian immigration authorities.

 

Also I’m a parent and I get babies are work, but not filing  a form for  two years as a result  of one seems like a stretch. Talking about filing forms, you want to take your daughter home with you, did you register her for Australian citizenship? Does she have US and Australian passports?

Edited October 14, 2022 by SusieQQQ