Questions! Help?

R

red1986

New Member
Hello,
Here is my story, In advance I would like to thank you for taking the time to read this, and any replies or advice would be much appreciated...

I met my husband last year around July, he came out to the US, from England in September. He was flying on a temp green card (visa) that expired in December. Him and I got married in October, and being young and in love, he couldn't bare to go back to England without me, so he has overstayed until now which is the middle of May. We were thinking of traveling to the U.K in a couple of weeks until we heard someone speak of this ban, 3 years or 10 years...Which would be a terrible thing. I know he overstayed his visa, but its not like he's any kind of criminal.

So my questions are

Can we still travel, or will he be turned away upon returning to the US?
Since we are married do we have any special treatment?
Should we just apply for the green card, and than wait, or try applying for advance parole?
He also needs to renew his passport soon, and I dont want this to mess it up.

Keep in mind he was only supposed to be out here for a week.
Thank you all so very much, any input would be much appreciated!
Rach.
 
Answers in BOLD

red1986 said:
Hello,
Can we still travel, or will he be turned away upon returning to the US? They will allow him to leave the country. But He will not be able to return the US unless he applies for a non-immigrant visa (which would probably be denied as he has a strong tie to immigrating to the US (you).
Since we are married do we have any special treatment? No special treatment. He will be facing a 3 year ban anyways, before he can apply to come to the US.
Should we just apply for the green card, and than wait, or try applying for advance parole? Advance parole will not help him unless you to have concurrently filled a I-130/-1485 and his status is pending
He also needs to renew his passport soon, and I dont want this to mess it up.He can probably still do that here in the US, just contact the UK Embassy

Keep in mind he was only supposed to be out here for a week.
Thank you all so very much, any input would be much appreciated!
Rach.
Click to expand...

I understand your situation. I am going through the same thing. I got married and that was certainly not in my plans. But the best thing for you guys is to go through this long process of Adjusting Status. Do not leave the country. File forms i-130, i-485, i-765 and i-131
 
Well, I don't understand your situation. You said that he came to the US with a temporary Green card. There is no such thing as a temporary green card. Either tell us more about his situation - his visa, the expiration date of his legal stay, etc., or do not expect good advice.

Are you a US citizen?
 
if you are a US citizen, and he overstayed his non-immigrant visa, then an advance parole is not going to help him. If he leaves the US before he gets his GC through you, he will be barred from entering the US on any visa for 3-10 years. Do not make a mistake. Explain your situation in detail (and correctly) and we'll advise you on what to do next.
 
Hey, sorry for being new to this. My husband was here on an I-94, which expired in December. I am a USC. Thanks for all the help
 
Well, submit I-130/I-485/I-765(if he wants to work) package to the Chicago lockbox. Your husband has to stay in the US until his GC is approved.
Good luck!!!
 
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