Green Card through Marriage help!!

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tiamaria16

Registered Users (C)
Hello,

I was hoping someone could help me. I am married to an American Citizen but I overstayed my visa waiver by a few months. Our original plan was that I would just stay in America until I received my green card but now I have to go back to England (where I am a citizen). I understand that once I go I can't come back but is what I was wondering is if that was still valid if I wait for my green card in England?

My husband would file the papers here while I went back to England. I understand we could be apart for a year but will my over staying a visa effect my chances of a green card and getting back to America when I do have it.

Please help!!

Thanks :)
 
P.S. I overstayed by 97 days, and from what I've read it has to be a 180 days, but I still overstayed so does that make me in a kind of limbo ???? :s
 
IF you have not departed yet, do it fast. Do not reach 180 days of unlawful presence. You cannot use the Visa Waiver Program (VWP) again.

IF you have filed for adjustment, it was a waste of money. The USC spouse must file form I-824 to redirect the process overseas. The I-130 is separate and IF approved remains valid. Include a withdrawal for the I-485. Additional forms will need to be filed abroad.

USCIS rarely approves AOS for VWP overstays who file AFTER the 90 day period. They CAN approve it but rarely do.
 
im from Philippines my fiance is a green card holder what is the best thing to do for us to be together?? if we will get married how long he will take me to the USA? hope someone out there will response and thank you
 
Bethel123, you are not married to a US citizen and you're not eligible for the visa waiver program, so your situation is entirely different from what is being discussed in this thread. Please start your own thread, giving more details about your situation including whether you are inside or outside the US, and how long your fiance has held a green card.
 
tiamaria16 said:
My husband would file the papers here while I went back to England. I understand we could be apart for a year but will my over staying a visa effect my chances of a green card and getting back to America when I do have it.
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If you voluntarily leave the US before 180 days of overstay you'll still be eligible to pursue the green card process via a US consulate in the UK. However if they catch you and deport you, you could be banned for a number of years. So make sure you leave before they find you and force you to leave.

If your husband hasn't filed the I-130 yet, he should specify a consulate in the UK for question 22 of the I-130. If he already filed it without specifying a consulate, he'll need to file I-824 after approval of the I-130 to transfer the case to the consulate.
 
Hey,

Ok thanks, we haven't filed the forms yet. So the I-130 and just direct it to the English Consulate in London is our best bet? Does anyone know how long it would take.

I am leaving in the next week of my own accord. They will more than likely approve the green card in your opinion(s)?
 
tiamaria16 said:
Ok thanks, we haven't filed the forms yet. So the I-130 and just direct it to the English Consulate in London is our best bet? Does anyone know how long it would take.
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Yes, have your spouse file I-130 in the US, but choose a consulate for Q22 so it will be automatically transfered to the consulate for the final stages. Expect the whole process from filing the I-130 to the interview and approval at the consulate to take 6-12 months.

I am leaving in the next week of my own accord. They will more than likely approve the green card in your opinion(s)?
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Yes, while your under-180-days overstay prevents you from visiting again with the visa waiver, it won't block your green card approval.
 
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