mdisalvatore

8 minutes ago, Lucky Cat said:

How long have you overstayed?

Two months already

5 minutes ago, Cndn said:

She’s afraid her overstay will cause a denial I’m guessing. 

Exactly. Leaving while overstay 

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..

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 

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

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?

On 5/28/2020 at 12:27 PM, geowrian said:

ESTA is not a status. ESTA is a travel authorization..it only lets you board the plane. You enter via the VWP.

In your case, since I'm assuming the petitioner is a US citizen, you can do AOS.

 

There is no extension of an ESTA or VWP traveler legal status. You can request Satisfactory Departure for an extra 30 days to leave.

That said, what was claimed when you requested satisfactory departure? Hopefully you did not claim needing more time to leave if you were already planning on staying.

We will have the interview for satisfactory departure around June 10th. I cant come back to my country right now because is still locking down. 

Good morning everyone! I came to United States almost three months ago. I got engaged two weeks ago and we will get married in July by a 30 days extention in my ESTA application.

My fiancé called yesterday to USCIS office and they say that I can't apply to Green Card with my actual status in ESTA, is anyone who knows about this information or had a similar situation before?

Thanks!