B2 Visa Overstayed in US need HELP!!! URGENT

[lory999 0]

Is there anyone that could help me and give me advice what to do..I am canadian came here in the US as B2 visa stamped in my passport..I came here to meet my fiancee last June 21st, 2010 and we are so inlove that i didn't go back to canada until at this present..we got married last year july 7, 2011 and now I'm 1 yr. & 10 months overstayed here in US..I have a ticket this saturday april 21st, 2012 to fly back to canada... I just found out that because I overstayed here I will be ban for 10 yrs. for not entering US If I intend to come back someday...now I don't know what to do.. My husband is US citizen and we just recently received the application form I-130, I-485 and w/ attached I-765...we didn't submit yet cuz there're so many lots of requirements to secure.. I don't know what to do if I will leave and just go home but I will be ban for 10 yrs. or I'll just stay here in US and we will just submit the form I-130, I-485, I-765, G-325A, I-864 and I-693... I need advice, suggestions, and opinions that will guide me what to do please...

[kzielu 1,147]

Go ahead and submit I-130+I485 (and the rest). Once you leave, you'll have to get a waiver to overcome a ban. Adjusting status - if you entered with no intent to immigrate - is absolutely legal.

[HeatDeath 430]

Yup. You are way, way overstayed. You will definitely incur a long bar if you leave. So forget about leaving. The ticket is a write-off. You will badly screw up your life if you use it. So don't. File the paperwork as soon as humanly possible, and get your status normalized. Your overstay will not, by itself, prevent you from AOSing and getting a GC (though you can count on getting an interview).

[lory999 0]

Hi Gold Member,

Thank you very much for your advice! It makes me feel better now. Have a wonderful day to you.

[lory999 0]

Yup. You are way, way overstayed. You will definitely incur a long bar if you leave. So forget about leaving. The ticket is a write-off. You will badly screw up your life if you use it. So don't. File the paperwork as soon as humanly possible, and get your status normalized. Your overstay will not, by itself, prevent you from AOSing and getting a GC (though you can count on getting an interview).

HeatDeath,

Thank you for your advice, now I feel relieved and not even thinking that I will waste that ticket... I will try my best to secure the necessary documents needed and we will submit it right away... Thank you and have a wonderful day!!

[sulhaq 59]

I see a difficult AOS interview in your future. I suggest you start preparing for it as of this moment and gather as much evidence as possible. You will most likely be asked whether or not you entered on your B1 visa with intent to marry and why were you illegally present in the country for such a long time. Have concrete and solid answers to both questions, complete with detailed documentation ready.

[SOflaherty 40]

Go ahead and submit I-130+I485 (and the rest). Once you leave, you'll have to get a waiver to overcome a ban. Adjusting status - if you entered with no intent to immigrate - is absolutely legal.

No, DO NOT LEAVE. Waivers are NOT that easy to get, and you will have incurred a ban for the overstay. You need to file your paperwork to adjust your status from within the US. This takes 4-6 months, do not plan on leaving the country while this happens. Overstays are forgiven for spouses of US citizens, so your adjustment will go smoothly so long as you fill out the paperwork correctly and meet the requirements.

I see a difficult AOS interview in your future. I suggest you start preparing for it as of this moment and gather as much evidence as possible. You will most likely be asked whether or not you entered on your B1 visa with intent to marry and why were you illegally present in the country for such a long time. Have concrete and solid answers to both questions, complete with detailed documentation ready.

Interesting theory, but truthfully I have not seen one person report being asked about intent during an AOS interview in the 2 years I've been on this board. Not once.

[lory999 0]

I see a difficult AOS interview in your future. I suggest you start preparing for it as of this moment and gather as much evidence as possible. You will most likely be asked whether or not you entered on your B1 visa with intent to marry and why were you illegally present in the country for such a long time. Have concrete and solid answers to both questions, complete with detailed documentation ready.

I know what you mean, before I mess up my name in the US immigration I have a clean record...before this happened I have a clean name and intentions of coming, passing US... I didn't expect to fall inlove w/ my husband who unfortunately we both live in a different countries... when I overstayed here my husband and I discussed about my stay and thats why we got married...the only problem is with so many lots of requirement needed to secure, we have to wait for a certain time just to have that documents ready thats why I waited for long... but I thank you for making me aware and be really prepared for the AOS interview someday...

[Krikit 1,163]

I am canadian came here in the US as B2 visa stamped in my passport..I

Why did they stamp your passport? What did they say at the Port of Entry?

Moving from Tourist Visas forum to AOS From Other Visas.

[Little_My 463]

If you file your AOS paperwork now, and do not leave the US until you have your GC, it is very likely yo'll be just fine and have your GC issued within the next 5-7 months. Of course there is a risk of denial - there always is - but AOS from a non-immigrant visa overstay is very common, and in most cases than not the GC is issued without any problems. As long as you entered the country legally and with inspection, and since coming here have not done anything else that would make you ineligible such as claiming to be a US citizen, your AOS will most likely be fairly painless.

I would not leave if I were you. Waivers are also challenging and difficult. No reason to complicate things unnecessarily. Just file the AOS paperwork as soon as possible, and do not leave the country until you have the greencard.

[lory999 0]

Why did they stamp your passport? What did they say at the Port of Entry?

Moving from Tourist Visas forum to AOS From Other Visas.

My canadian passport stamp the day i arrived in portlang OR US june 21, 2010 class B2 but doesn't have any date until when I will stay...and i also have stamped before even flying to US it was stamped in Toronto,ON (Department of Homeland Security. US Custom and Border Protection) it says Admitted TOR (toronto)

Class Until B1/ B2 and B2 is encircled and it has a date until Nov. 31, 2009... I think its mandate for the custom that they will stamp your passport that you are admitted/ arrival/ or departure....

[lory999 0]

If you file your AOS paperwork now, and do not leave the US until you have your GC, it is very likely yo'll be just fine and have your GC issued within the next 5-7 months. Of course there is a risk of denial - there always is - but AOS from a non-immigrant visa overstay is very common, and in most cases than not the GC is issued without any problems. As long as you entered the country legally and with inspection, and since coming here have not done anything else that would make you ineligible such as claiming to be a US citizen, your AOS will most likely be fairly painless.

I would not leave if I were you. Waivers are also challenging and difficult. No reason to complicate things unnecessarily. Just file the AOS paperwork as soon as possible, and do not leave the country until you have the greencard.

Thank you very much for the advice, I will try and ask my husband to speed fast and secure all the documents we needed, I really don't want to make things more worse by leaving and be ban for 10 yrs. since America is a great country and as far as I know there are countries like Asia, Mexico etc.. that when you are planning to go for a trip sometimes you really have to pass/stop by in US just to change plane for your final destination... Thank you for the knowledge you've shared. I really appreciate it!

[Krikit 1,163]

My canadian passport stamp the day i arrived in portlang OR US june 21, 2010 class B2 but doesn't have any date until when I will stay...and i also have stamped before even flying to US it was stamped in Toronto,ON (Department of Homeland Security. US Custom and Border Protection) it says Admitted TOR (toronto)

Class Until B1/ B2 and B2 is encircled and it has a date until Nov. 31, 2009... I think its mandate for the custom that they will stamp your passport that you are admitted/ arrival/ or departure....

They don't normally stamp Canadian passports. Are you naturalized or did they question you or give you a warning?

Edited April 17, 2012 by Krikit

[HeatDeath 430]

Every time I've flown to the US in the last 10 years my passport got stamped. Sometimes it was just the stamp, sometimes they wrote "B2" in pen on the stamp. The most recent entry, after I got my 2-year GC, they wrote "ARC" on the stamp. When I entered driving with my K1 they wrote "K1" and an expiration date on teh stamp. That was the only date they've ever written.

OTOH, when I've driven in as a tourist, they never stamped it. I haven't driven in since I got my GC yet, so I don't know what they'd do in that circumstance.

[Krikit 1,163]

Interesting. I have yet to receive a stamp in my passport when traveling from Canada.