Relative overstayed in USA for 3 years...just a few questions !

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kanymp1985

New Member
Hi Everyone! I was wondering if anyone could help me with a few of my worries in regards to my relative who is currently in the USA

She went to the USA initially on a 90 day visitors visa and ignored her return plane ticket back to Australia. She has now overstayed her visitors visa in the USA for about 3 years. She hasn't been working and has been pretty much cooped up in her now husbands house for the entire time.

1 year after going to the USA she married her American boyfriend at a Marriage Licensing office in front of a judge thinking this would make things easier for her to get a job/residency etc.

She has now sent off her application to apply for her husband to gain a visa to live in Australia.

I know that because she has overstayed her welcome in the USA for more than 365 days she will be banned from re-entering the country for 10 years.

I have a few questions...

1. What will happen when she tries to leave the country? I have read that she most likely won't be given any trouble because she is leaving...but if she were to try and return that is when she will be barred from the country...?

2. Marrying this guy in America...does this mean she is legally allowed to stay in America? They haven't applied/paid for or notified immigration of anything? She continually says that she isn't illegally there anymore but I really doubt this

3. Will her now husband have any repercussions from allowing and encouraging her to overstay her welcome in the USA? Will he be in trouble or caught when he is trying to leave the country with her?

4. Does anyone know the requirements for applying for an Australia Spousal visa? This guy has no money to his name, no job (and a bad history of employment), credit card debts to the moon, a house that he can't afford, and a wife that has overstayed her welcome in America for 3 years. Anyone have any experience of applying for an Australian visa? Do you think he would be approved to come to Australia? (I really hope not)

5. If they are rejected and not given the visa, if she were to apply for a green card or residency in America would she be booted out of the country due to overstaying for such a large length of time? Even if she is married to an American Citizen?

Sorry for so many questions, but if anyone can help me that would be great...I'd just like to have an idea of what my relative and her US partner will be facing after all that they have done.

Thank you for all of your help in advance ! :)

Warm Regards,
A worried Cousin
- Perth, Western Australia
 
The best thing for them to do is to get her status legal here while she is in the country.

Based on everything you have said, it will be a miracle if they stay together if they move to Australia. - In the event she tries to come back, she will be denied entry and she is now subject to the 10 year ban.

What if they kids? If he were to bring them back here, she would never be able to see them. This is a bit of an ugly scene but not insurmountable. The best thing any of us would say to you is for them to get some legal advice. For a bout $250.00 they could get a one hour consult with an immigration lawyer who could out them on the right track. She should fix her mistakes here first and then move to Australia if they want to.

Right now it sounds like not matter which was they turn they will be screwed unless she gets this problem solved. Maybe if she were legal she would be able to work which would help relieve the financial pressure.

Does she even care about her situation?
 
They currently have no income and are relying on her mum to pay for the visa application fee to come to Australia...I don't even know how they are going to pay for everything else for e.g. flights etc. I think they are going to rely on his family for that.

I don't know if she even knows what her situation is. It just seems like she gets herself into these sorts of things and then relies on everyone else to get her out of them. Then she blames the world for everything that happens to her.

Would her husband get in trouble for having her in the USA knowing that she has overstayed her visa?

I dred the day they ever have children.
 
The husband is okay because he did not commit any crime per se.

She on the other hand is going to get the shaft.

Based on everything you have said, he doesn't seem like very much.

So here's what's going to happen:

They'll move to Australia and live with her mum. Then after a while, they'll wonder if he's going to work. Then she'll get pregnant and squeeze out a few kids.

He'll continue to float from job to job until he gets totally frustrated and decides to move back.

And guess what - SHE CAN'T COME !!!!!!

And she and her mum will be stuck with the kids. If she doesn't get things figured out here first, take note of the date of this post, and see if I'm not right in two or three years from now.
 
When I sponsored my wife to immigrate to Canada from China, I remeber reading on the Canadian immigration law that if my spouse is currently residing in Canada illegally, she can still apply for immigration to change her status to legal. I am not sure if there is similar rule in America. You might want to look into it. Tell them to get some legal advice just like simsd suggested. Also tell them that if she thinks simply marrying a US citizen will automatically make her stay legal and doesn't care about the law, she's gonna be the one who will end up suffering.
 
Thank you for your help :)
The only problem is...they will not be contacting anyone in regards to legal advice (they have no money) and also they don't listen to anyone for e.g. family or friends and they become very defensive and act like they know everything. Or they simply blame the world and George Bush for the situation that they are in?

I really doubt that they will be making my cousin legal before they leave. They have no money to do this and they think leaving the country will fix all of their problems.

As simsd explained in his messages...they'll have problems when he leaves Australia and she can't follow him.

I just wanted to have a better understanding of what will happen after she has broken the USA law and overstayed her welcome....I just knew she wouldn't be able to get away with it with just a pat on the head.
 
kanymp1985

Geez,

You didn't seem to disagree with anything I said. You better prepare her mum.
 
kanymp1985 said:
1. What will happen when she tries to leave the country? I have read that she most likely won't be given any trouble because she is leaving...but if she were to try and return that is when she will be barred from the country...?

2. Marrying this guy in America...does this mean she is legally allowed to stay in America? They haven't applied/paid for or notified immigration of anything? She continually says that she isn't illegally there anymore but I really doubt this

3. Will her now husband have any repercussions from allowing and encouraging her to overstay her welcome in the USA? Will he be in trouble or caught when he is trying to leave the country with her?

4. Does anyone know the requirements for applying for an Australia Spousal visa? This guy has no money to his name, no job (and a bad history of employment), credit card debts to the moon, a house that he can't afford, and a wife that has overstayed her welcome in America for 3 years. Anyone have any experience of applying for an Australian visa? Do you think he would be approved to come to Australia? (I really hope not)

5. If they are rejected and not given the visa, if she were to apply for a green card or residency in America would she be booted out of the country due to overstaying for such a large length of time? Even if she is married to an American Citizen?
Click to expand...
1. she can leave, but cannot come back in 10 years.
2. if US citzen spouse filed immigration petition as well as adjustment of status, she will be legal. But his income needs to meet 125% of poverty line to fulfill the requirement as a sponsor.
3. Shouldn't be.
4. No idea
5. If immigration petition/AOS got denied, she has no ground to stay even though she is married to US citizen.
 
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