Got married legally but need to go home before paperwork and status is changed

[Kiwi_in_Vegas 0]

Hey everyone.

I have been with my husband for 4 years. We met in Miami and for the first year and a half I would go back and forth from the USA to Australia on my "Visa Waiver". We did over a year as long distance.

About 2.5 years ago we got married in Hawaii. I have only NOW recieved my marrige certificate in the mail after some clerical errors and it got lost in the mail once..... But 2.5 years later!!

So obviously we havn't been able to file nor change my status until we recieved the official marrige cert. But now I have to return home because my mother is ill. So we have made the decision that my husband will also migrate to Australia about 6 months after I do.

But my question is that will I be able to come back to the USA with him to visit his kids or mother, as I read that I will be banned for 10 years for overstaying.

Can I do anything from Australia, so I can come back to visit?

For example, if hes in hospital for something serious, I won't be able see him

Thanks!!

[canadian_wife 1,829]

To be clear, you entered as a tourist and overstayed by 2.5 years without adjusting your status?

Then yes, you'll need to apply for a B visa if you wish to come back to the US and you will probably have a substantial ban because of the overstay.

I sorry about your mother's illness.

good luck

[pushbrk 13,244]

To be clear, you entered as a tourist and overstayed by 2.5 years without adjusting your status?

Then yes, you'll need to apply for a B visa if you wish to come back to the US and you will probably have a substantial ban because of the overstay.

I sorry about your mother's illness.

good luck

Unfortunately, canadian_wife is absolutely correct. Be well.

[aaron2020 11,651]

Unfortunately, you will not be able to come back.

By overstaying by 2.5 years and violating US immigration laws, you will not get any consideration. You can not use the VWP with an overstay. A B-2 visitor visa would be denied due your 10 years ban. It would be a major challenge for you to get a waiver for the ban.

[Kiwi_in_Vegas 0]

Yes I have not adjusted my status in 2.5 years, mainly due to the fact that we hit hard times financially and we did not have the marrige certificate. But if I start my adjustment of status now here in the us, will I be able to come and go?? or will this just take too long now ??

Thanks everyone for the info

[Ryan H 3,834]

But if I start my adjustment of status now here in the us, will I be able to come and go??

No

[pushbrk 13,244]

Yes I have not adjusted my status in 2.5 years, mainly due to the fact that we hit hard times financially and we did not have the marrige certificate. But if I start my adjustment of status now here in the us, will I be able to come and go?? or will this just take too long now ??

Thanks everyone for the info

About 75 to 90 days after filing, you will be granted advance parole, which allows you to go and then re-enter the USA. However, unless it is very important you leave, for some reason, it is best you stay. If you do go, you'll need to return for the Adjustment of Status interview. You'll have a few weeks notice, but if you are not back for it, the AOS will be denied.

I advise only using Advance Parole for actual emergency needs, like serious illness in family, etc.

If you can afford a ticket to Australia and back, you can afford the fees to adjust status.

[newacct 688]

You can apply for AOS, and then when you get the notification with the case number (which you should get in a few days or one or two weeks at most), immediately go to an InfoPass appointment to try to get Emergency Advance Parole based on your mother being sick. If you can get that, that would be the quickest way to not abandon your green card process in the US and also be able to visit your mother. That is, if you still want to stay in the US long term.