Overstayed Visa

C

cyclist235

New Member
Good afternoon all,

Unfortunately i'm in a situation that i would like some advice on:

I came to the US a few years ago on a Visa from a country in the EU to spend time with my gf. I overstayed and have remained in the USA since, not having left the country once. I haven't worked out here and have been funded by money i have in my home country.

I now wish to go home but interestingly my old passport that i entered with has expired and i have a new one that has been assigned.

I intend on marrying my US partner but am likely to do so in my home country. My worry is obviously this: will i be banned from returning for 10 years as i overstayed for a period greater than 365 days? Would it be better for me to marry my partner in the US?

Also, what are my options considering i will be leaving the country on a new passport? Will i have any difficulty in leaving? If i do manage to leave with no problems and doing so on my new passport will i have any issues returning in the future considering their may be no record of me having left on my old passport?

Would there be any benefits by me leaving through Canada?

Any advice would be appreciated.
 
If you intend on living in the US, then you should marry your fiance and file for Adjustment of Status. As you have overstayed more than 365 days, should you leave the US for any reason before you have your green card in hand, then you will trigger the 10 year ban and will be refused entry back into the US on that basis (regardless of having a new passport or not).

Therefore, my words of advice are to get married in the US, file AOS and DO NOT leave the US until you get your green card.

If you should chose to get married in your home country or cross a US border without a green card, then be prepared to spend the next 10 years outside of the US.
 
cyclist235 said:
I do not intend on staying in the country past the end of this month.
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Based on this statement of yours, there's only one answer- the one that has been given. Do you HAVE to leave the country, or do you just feel like doing it? Because, with a little effort, you can get a green card and become legal. You can leave the country with that status, and even come back, and after 3 years, maybe even apply for citizenship, after which you won't be tied down in the US. Think about it.
 
cafeconleche said:
Based on this statement of yours, there's only one answer- the one that has been given. Do you HAVE to leave the country, or do you just feel like doing it? Because, with a little effort, you can get a green card and become legal. You can leave the country with that status, and even come back, and after 3 years, maybe even apply for citizenship, after which you won't be tied down in the US. Think about it.
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No i do not have to leave, however i would like to.

How could i get a green card with little effort? What time frame would i be looking at?
 
cyclist235 said:
How could i get a green card with little effort? What time frame would i be looking at?
Click to expand...

As suggested before, marry your fiancee. But if you want to leave the US, then a GC probably isn't a good idea.

I think you need to determine what your plans are over the next few years to determine what the best course of action would be. If you plan on living in the US, then a GC makes sense. If not, then you're looking at the 10-year bar.
 
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