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Overstayed u.s visa , married , left , need to go back!!

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scooby82
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Joined: Sun Feb 18, 2007 6:56 pm

Overstayed u.s visa , married , left , need to go back!!

Post by scooby82 » Sun Feb 18, 2007 7:09 pm

Hi guys i really hope you can help me as i'm in a bit of a tricky situation .

In november 2005 i left the uk to go to america , my visa was until feb 14 2006 but i overstayed because i was with a girl and you know the rest . We got married in july 2006 . We was waiting till we both had some more money before applying for my papers but unfortunatley in in feb 2007 a member of my family was ill and i had to come home as soon as i could. I realised i may not get back in but it was a chance i had to take . So now i need to go back to my wife who cant come over here because she overstayed her visa when she came here (whole different story. Big love story !! ). So i'm wondering where i stand . Can i return altho i overstayed . Can i apply to the american embassy and see if they can give me a pass ? should i risk it and get a cheap flight over on the same passport and see if i can get in ? maybe go to canada and down ?

I dont know how many of you on here are from England , i do love this country but i love my wife more and need to get back to her soon i really dont want to go through the whole thing of sorting the papers out over here before i go back because that could take years and i'm not a firm believer that long distance relationships work.

Please any help you could give .
Thank you so much everyone .
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Marco 72
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Posts: 1102
Joined: Wed Oct 05, 2005 3:53 pm
Location: London

Post by Marco 72 » Sun Feb 18, 2007 9:15 pm

Sorry to bring bad news, but overstaying for more than a year automatically triggers a ten year ban. It would have been very different if you had applied for a green card before leaving the US, but you can't adjust your status once you've left the country. You could apply for a waiver of the ten year ban based on hardship (the US citizen's hardship, not yours), but unless your wife has children it's difficult that it will be granted. Also, if you want to claim hardship, then she won't be able to act as a sponsor for you and someone else would have to do that. Going back as a tourist is probably not an option, they wouldn't let you in because of the ban. You may want to post on this forum. It's a free forum for marriage-based immigration to the US and some immigration lawyers post on it sometimes. Good luck.
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Marco 72
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Posts: 1102
Joined: Wed Oct 05, 2005 3:53 pm
Location: London

Post by Marco 72 » Mon Feb 19, 2007 9:34 am

By the way, if you were illegal for less than a year then the ban is only for three years.
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samoldok
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Posts: 2
Joined: Sat Mar 03, 2007 6:22 am

Post by samoldok » Sat Mar 03, 2007 7:01 am

She has to petition him on form I-130 for US permanent residency. If I-130 approved he can apply for an immigrant visa. If the visa is granted he will not be barred from entering the US. It is important to hide the fact of overstaying from the US Consulate people (if it is possible). If they got married in the US more than 6 months after his authorized stay in the US expired it will be difficult to hide it, though. The date will be shown on their marrige certificate.



"To be granted an immigrant visa, whether through adjustment or consular processing, an intending immigrant must be admissible. This means he or she must not be barred by any provision of the INA."
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Marco 72
Diamond Member
Posts: 1102
Joined: Wed Oct 05, 2005 3:53 pm
Location: London

Post by Marco 72 » Sat Mar 03, 2007 9:43 pm

samoldok wrote:She has to petition him on form I-130 for US permanent residency. If I-130 approved he can apply for an immigrant visa. If the visa is granted he will not be barred from entering the US. It is important to hide the fact of overstaying from the US Consulate people (if it is possible). If they got married in the US more than 6 months after his authorized stay in the US expired it will be difficult to hide it, though. The date will be shown on their marrige certificate.
In order to hide his overstay he would have to lie on his application for an immigrant visa (I-485, which can be filed after I-130 is approved), since he will need to give information on his whereabouts for the previous five years. Procuring a visa by willful misrepresentation of facts results in a lifetime ban. Even if for whatever reason the embassy doesn't notice it, they would very likely spot it at the PoE.
samoldok wrote:"To be granted an immigrant visa, whether through adjustment or consular processing, an intending immigrant must be admissible. This means he or she must not be barred by any provision of the INA."
That is the problem, unfortunately. At the moment he is inadmissible, since he is subject to a ban. Whether it's a three year or a ten year ban depends on how long he overstayed.

One possibility might be for the OP and his wife to move to Ireland until his ban is over. As a British citizen, he would easily be able to get his American wife an EEA Family Permit.
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