Married to US citizen, trying to get back to US

[Littlecake 0]

Hi! 

I overstayed my J1 visa fo 5 months. In those 5 months I married my husband who is an American citizen. Unfortunately I had to unexpectedly come back to my home country for a little bit before I was able to apply for green card.

now I’m trying to find options to go back to my husband as soon as possible. What would be the easiest, most likely successful way to do so? 

I’m even considering entering through Mexico by car.

Please help! 

Thank you

[Roel 7,192]

And how entering by car will help You? You don't have a visa. You will not get a torusit visa even because of your overstay. Without visa you won't enter the USA. Don't even think about crossing without inspection because that will mean you WILL NOT be able to adjust status and will never receive a green card. 

 

Count exactly how many days you overstayed because you might also have 3 year ban for entering the USA. 

 

You will be separated there is no way around it. Count your overstay and your husband will have to file for cr1 spouse visa for you. The process takes about 12 to 14 months and then (if you don't have a ban) you will be able to enter the USA. Not earlier than that. 

 

There is no easier way. You made sure of that when you overstayed but also everyone wait that long for spouse visa. 

Edited March 11, 2018 by Roel

[mrmvkjts 459]

No matter how you arrive, if it’s by plane, car or even if you walk, you still need a valid visa to enter!

 

I would also suggest to have your husband file the I130 but it is a waiting process where there is no way around it! 

 

but also make sure there is no travel ban !!

Edited March 11, 2018 by mrmvkjts

[geowrian 22,337]

The only legal option is to get a new visa. Assuming you intend to live in the US, then that would be a CR-1/IR-1 visa. ETA: ~12-14 months. There's not a faster way, and the likelihood of getting a non-immigrant visa in less time is basically zero due to the past overstay.

[Going through 5,671]

1 hour ago, Littlecake said:

I’m even considering entering through Mexico by car.

I'm curious why you think this will make a difference?  You  would still have to cross the border and be inspected.

[Littlecake 0]

I thought they might be less strict than at the airport. I’m not truitto enter without visa. I can apply for ESTA or tourist visa...

[Roel 7,192]

You cannot. With your overstay you are not eligible for esta and you will not get a torusit visa either. 

 

Besides what's the difference? You need an immigrant visa. Your only option is cr1 visa. Start filling the paperwork and have your husband send it out asap. 

 

You will have to wait over a year before you get a visa and can enter USA. Your husband can visit you in your country in the meantime. 

 

They won't be less strict. You need a visa no matter what. 

Edited March 11, 2018 by Roel

[mrmvkjts 459]

DUe to your ban/overstay you won’t get an esta or tourist visa

 

you need a valid visa to enter, no matter what and no matter where! No difference which border/airport...

 

best option for you->cr1

Edited March 11, 2018 by mrmvkjts

[Littlecake 0]

I also found this:

Overstay of Less Than 180 Days

If your overstay in the United States was for less than six months (180 days), then you are not legally inadmissible in the future. You can be granted another visa, or even a U.S. green card (lawful permanent residence). However, if you are applying for a temporary (nonimmigrant) visa, and it’s one of the many that requires you to convince the U.S. consular official that you will leave the United States when your permitted stay is over, you may have a tough time making this showing if and when the consular officer becomes aware of your past overstay.

[Going through 5,671]

26 minutes ago, Littlecake said:

I thought they might be less strict than at the airport. I’m not truitto enter without visa. I can apply for ESTA or tourist visa...

You are no longer eligible for ESTA, due to your previous overstay.  The chance of you getting a tourist visa, due to your previous overstay is slim to none.

 

If you had filed the AOS and gotten an approved AP document before leaving the country, would have been a different story, and you could have reentered the USA.

 

Your *only* option is to file the CR-1 now and wait it out in your home country.  Good news is your husband can visit you.

Edited March 11, 2018 by Going through

[Roel 7,192]

8 minutes ago, Littlecake said:

I also found this:

Overstay of Less Than 180 Days

If your overstay in the United States was for less than six months (180 days), then you are not legally inadmissible in the future. You can be granted another visa, or even a U.S. green card (lawful permanent residence). However, if you are applying for a temporary (nonimmigrant) visa, and it’s one of the many that requires you to convince the U.S. consular official that you will leave the United States when your permitted stay is over, you may have a tough time making this showing if and when the consular officer becomes aware of your past overstay.

You will not get a tourist visa. 

1. Because you broke the law and overstayed. 

2. You have 100% immigrant intent. 

 

Do you understand that you cannot immigrate to the USA on the tourist visa?

 

Start researching cr1 visa. 

You see people here telling you it's your only option. 

 

I'm sorry but you put yourself in this situation by overstaying and then leaving US without proper documents. 

Edited March 11, 2018 by Roel

[Going through 5,671]

10 minutes ago, Littlecake said:

I also found this:

Overstay of Less Than 180 Days

If your overstay in the United States was for less than six months (180 days), then you are not legally inadmissible in the future. You can be granted another visa, or even a U.S. green card (lawful permanent residence). However, if you are applying for a temporary (nonimmigrant) visa, and it’s one of the many that requires you to convince the U.S. consular official that you will leave the United States when your permitted stay is over, you may have a tough time making this showing if and when the consular officer becomes aware of your past overstay.

The added issue, however, is that you are now married to a USC.  

 

CO will automatically assume you are trying to circumvent immigration law by attempting to wait out any visa from within the US, or is attempting to cross the border with intent to adjust status, and deny the tourist visa.

 

No one said you are "not legally inadmissible in the future"----you ARE admissible----but only under the Cr-1 spouse visa now.

Edited March 11, 2018 by Going through

[Littlecake 0]

Maybe a silly question... can they see in their system that I am married to an American? 

[Roel 7,192]

Just now, Littlecake said:

Maybe a silly question... can they see in their system that I am married to an American? 

If you're planning on hiding it then go ahead. You're going to get a misrepresentation ban. It means you will never be able to travel to the USA. On any visa. Ever. 

 

Girl... stop trying to play the system. It's your own fault for overstaying.  Even in the torusit visa application you need to list your spouse. 

 

Cr1 visa is your only option. ONLY. 

Be grateful that you can at least apply for that. 

[Going through 5,671]

11 minutes ago, Littlecake said:

Maybe a silly question... can they see in their system that I am married to an American? 

It's a moot point considering the overstay would be quickly figured out by the CO.

You would be denied ESTA and the tourist visa based on that alone....irregardless of your marital status.

 

Your choice whether you want to take the chance on having misrepresentation added to your file, and then resulting in a ban.

Your choice whether you want to drive in from Mexico and then when you are turned away at the border for having no visa, have voluntary departure added to your file, complicating your immigration process in the future even  more.

 

You are lucky you are still able to apply for the CR-1..don't risk that option too.

Edited March 11, 2018 by Going through