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Hi! I got married two months ago and im overstaying right now, about to apply for my green card; but we realize that we may want to go to my country for one year.

Can I leave US in overstay if im married with a US citizen?

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Filed: AOS (apr) Country: Philippines
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17 minutes ago, mdisalvatore said:

Hi! I got married two months ago and im overstaying right now, about to apply for my green card; but we realize that we may want to go to my country for one year.

Can I leave US in overstay if im married with a US citizen?

You can always leave,  under what scenario do you want to return?  Marriage alone doesn't mean anything. 


YMMV

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24 minutes ago, mdisalvatore said:

Hi! I got married two months ago and im overstaying right now, about to apply for my green card; but we realize that we may want to go to my country for one year.

Can I leave US in overstay if im married with a US citizen?

 

You can leave the US anytime.  There is no CBP interview when exiting.  The problem is how to get back in.

 

Are you about to send in your Adjustment of Status package?  How soon are you planning to go to your country and live there for a year?

 

If you want to be able to return to the US without abandoning your application for adjustment, you would need to wait for Advance Parole to be issued before you leave the US.  But I doubt AP allows you to be out of the US for a year.

 

If you must leave the US soon, don't apply for adjustment.  Instead, have your spouse file an I-130 petition for you, leave the US, wait out the petition and consular processing in your country, then return to the US when you get your spouse visa.

 

Edited by Chancy

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18 minutes ago, Chancy said:

 

You can leave the US anytime.  There is no CBP interview when exiting.  The problem is how to get back in.

 

Are you about to send in your Adjustment of Status package?  How soon are you planning to go to your country and live there for a year?

 

If you want to be able to return to the US without abandoning your application for adjustment, you would need to wait for Advance Parole to be issued before you leave the US.  But I doubt AP allows you to be out of the US for a year.

 

If you must leave the US soon, don't apply for adjustment.  Instead, have your spouse file an I-130 petition for you, leave the US, wait out the petition and consular processing in your country, then return to the US when you get your spouse visa.

 

I didn’t apply yet. Just making ready the papers. I don’t know how many time we will out but I’m planing to apply to green card from outside the us for next time that I’m planing come back

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23 minutes ago, payxibka said:

You can always leave,  under what scenario do you want to return?  Marriage alone doesn't mean anything. 

I’m planing to apply for green card from my country. So I can come back with a green card. But I’m afraid to leave now that I’m overstaying 

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Filed: AOS (apr) Country: Philippines
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Just now, mdisalvatore said:

I’m planing to apply for green card from my country. So I can come back with a green card. But I’m afraid to leave now that I’m overstaying 

You would be applying for a spousal visa that becomes a greencard after entry.  

 

Why are you afraid to leave?


YMMV

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2 minutes ago, payxibka said:

You would be applying for a spousal visa that becomes a greencard after entry.  

 

Why are you afraid to leave?

I’m in overstay without any visa or any status. I’m afraid that when I’ll try to go out they will found it out and don’t let me come back in for some years. That’s the law, but I don’t know if they forgiven you if u are married with a citizen..

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1 minute ago, mdisalvatore said:

I’m in overstay without any visa or any status. I’m afraid that when I’ll try to go out they will found it out and don’t let me come back in for some years. That’s the law, but I don’t know if they forgiven you if u are married with a citizen..

How long have you overstayed?


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Any existing visa you have is already revoked as of the first day of overstay.

If you have not overstayed by 180+ days, there is no ban. Being married to a USC does not change if a ban applies or not.

Once you meet or exceed 180 days of overstay, there is a 3 year bar (10 year bar at 1 year overstay).

 

There is a waiver for the overstay, but this adds cost, time, and is not guaranteed.

Be sure to leave before the 180 days of overstay. Don't cut it even remotely close.

And if caught by ICE beforehand, you risk a removal, which has a ban on any visa as well.


Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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Filed: AOS (apr) Country: Philippines
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7 minutes ago, mdisalvatore said:

Two months already

We know the law, we just didn't know if it applies because you didn't provide enough information.   No ban until 180 days of overstay 


YMMV

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Filed: Lift. Cond. (apr) Country: China
Timeline

Moved from K1 Process & Procedures to General Immigration-Related Discussion.


Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

 

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