Expired Tourist Visa

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jeromyrome

New Member
My boyfriend is in the US & his tourist/visitor visa has expired. What happens when he tries to fly back home? If nothing- then what happens when he tries to return to the US? We are planning on getting engaged sometime...should we get married now while he is in the US? Or would that make things worse?(I know he can apply to extend his visa but you need a really good reason you let it expire..he doesnt really have one. :( --I also know he could technically go to Mexico/Canada and apply for a new visitor visa but if it gets denied he would have to go straight back to Australia). There is a lot of good general info on the web but I need specifics -- any ideas??? Thanks for your help!
 
My boyfriend is in the US & his tourist/visitor visa has expired. What happens when he tries to fly back home? If nothing- then what happens when he tries to return to the US?

How long has he overstayed? If it's more than 180 days then he'll automatically be banned from returning to the Sates for three years. More than 360 days = ten year ban (ouch).

We are planning on getting engaged sometime...should we get married now while he is in the US? Or would that make things worse?

You can get married here and adjust his status but you'll have to prove that you had no intention of getting married or you'll be committing visa fraud. That's the way I've done it and it's not perfect but it seems to be working for me. If he's not overstayed by more than 180 days then you can do it the 'proper' way and start the process from his home country.

I know he can apply to extend his visa

Once it's expired there is nothing you can do. You have to apply for an extension before it expires. If he's from Australia then he probably came on a visa waiver which you can't extend. In fact you're not technically allowed to adjust your status with that but it can be done. Get a good immigration lawyer and start the process as soon as possible (whether that be here or in Australia).

Good luck
 
Thank you so much for your reply!!! This website is great!!

You said that if he did stay over 180 days past his visa expiration we can still get married...what effect will that have? In that, say we get married and then...does he apply for a K-3 or IR1 or CR1 visa to adjust his status? Even though we marry will he have to go back to Australia for 3 years since he violated his prior visa? Will he be allowed to go back to Australia or will he have to stay in the States? (I will be calling a lawyer but I would love to have some facts & info under my belft before I do that--Also we were not planning on getting married when he came in on his visitor visa-- it just sort of happened)
 
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An overstay is only a problem if your boyfriend leaves the US before he has a Green Card. Once he has a Green Card all overstays are forgiven and he has a 'clean sheet' so to speak. That means he's really going to have to stay in the U.S. for the three months to three years that it'll take to get a Green Card. To be honest I was pretty cut up about not being able to visit home during that period but I've gotten used to the idea now and I realise that it's really not worth the hassle. After all, Australia is still going to be there by the time he gets his Green Card.

The K-3 is a non-immigrant visa (I think) so it's probably of no use to your boyfriend. I don't know what the IR1 or CR1 visas are. To adjust his status (once married) you have to file the I-130 and I-485 along with all supporting evidence that they require. Go to www.uscis.gov for more information on these.

By the way, you don't need to convince me that you had no intention of getting married when he arrived as it's really none of my business. You just have to be prepared to prove that at your interview.
 
Ok I am so sorry--One more question: So he is over 180 days out of status on his visa...what if he tries to go home to Australia (without getting married here)? Will they say something? What about if he gets home (without incident) and then applies for a tourist visa to come back in? Will it bring up the fact that he exceeded his other visa and deny it?
 
If he's overstayed by more than 180 days and then leaves the country he'll automatically get a three year ban. He won't be allowed a new visa until that ban expires.
If this is the case, and he has overstayed by more than 180 days, then your only option (as far as staying in the US is concerned) is to get married, send out the applcations and sit tight until he gets a Green Card.
 
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