Will I get banned If I return to my country?

[Vasiliki.C 1]

So I came here last March on a tourist visa (ESTA) to meet someone I have been talking to a very long time. We decided to get married after a month of me staying and I said yes. But 11 months later and things are going really, really bad. I have no green card yet just my passport. If I try to get a divorce and return to my country, will there be any consequences? I'm terrified.

[aaron2020 11,651]

Did you ever file to adjust your status?

[Vasiliki.C 1]

We did not. I kept bugging him to do my green card but the money was too much and still is.

[Boiler 43,429]

No more VWP and currently a 3 yearban, waiverable.

Does it matter, why/when would you want to come back?

[Vasiliki.C 1]

I have an aunt in NY who I'd love to see again. Okay so how about I get a divorce and move to NY? Will I be able to get a green card then?

[Boiler 43,429]

No

If you could not afford to adjust status how can you contemplate future vacations in the near future to NY?

[N-o-l-a 7,167]

I have an aunt in NY who I'd love to see again. Okay so how about I get a divorce and move to NY? Will I be able to get a green card then?

No, which is why you shouldn't have followed this particular path. There will be no greencard unless a USC spouse files to adjust your status.

If you had done an I-130 for a CR-1 visa while you were still in Greece, you would have had the greencard from day 1.

[Vasiliki.C 1]

No

If you could not afford to adjust status how can you contemplate future vacations in the near future to NY?

I do not have 2000$ right now. If I were to go back to my country I'd get a job and save up to visit my aunt.

No, which is why you shouldn't have followed this particular path. There will be no greencard unless a USC spouse files to adjust your status.

If you had done an I-130 for a CR-1 visa while you were still in Greece, you would have had the greencard from day 1.

I did not know I was going to marry. I applied for a tourist visa to come see the US and meet with him.

Edited February 15, 2015 by Vasiliki.C

[Boiler 43,429]

I do not have 2000$ right now. If I were to go back to my country I'd get a job and save up to visit my aunt.

I did not know I was going to marry. I applied for a tourist visa to come see the US and meet with him.

Tricky seemingly in Greece.

You will need to apply for a B2 and if within 3 years hope for a waiver as well.

Overstay a year and you are looking at a 10 year ban.

[Vasiliki.C 1]

Tricky seemingly in Greece.

You will need to apply for a B2 and if within 3 years hope for a waiver as well.

Overstay a year and you are looking at a 10 year ban.

Doesn't the fact that I'm married mean anything? It is the reason why I overstayed in the first place..

[N-o-l-a 7,167]

Doesn't the fact that I'm married mean anything? It is the reason why I overstayed in the first place..

No, it means absolutely nothing unless you adjust status based on that marriage while you are still in the country. In that case, and only that case, is your overstay forgiven.

[aleful 1,905]

hi

nope you overstayed so you have a ban no when you leave, you will trigger the ban

whether it can be 3 years or 10 years

overstay is forgiven only if you adjust status and get a GC through a USC spouse

[Vasiliki.C 1]

hi

nope you overstayed so you have a ban no when you leave, you will trigger the ban

whether it can be 3 years or 10 years

overstay is forgiven only if you adjust status and get a GC through a USC spouse

So there is no other option for me other than stay married and in the US..?

No, it means absolutely nothing unless you adjust status based on that marriage while you are still in the country. In that case, and only that case, is your overstay forgiven.

Is Adjust status the same thing as a green card? does it cost the same?

[I AM NOT THAT GUY 5,715]

Legally, and within the TOS of this site, not really. I don't see any grounds for asylum, do you?

[N-o-l-a 7,167]

So there is no other option for me other than stay married and in the US..?

Is Adjust status the same thing as a green card? does it cost the same?

There is another option - you return home and face the ban.

Adjusting status is what happens when you apply for a greencard while you are in America, so a concurrent filing of an I-130 and I-485. However, the I-130 is based on your relationship to a spouse usually. No spouse, no adjusting status or greencard for you.