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  • Advice Please

    I have overstayed my Visa Waiver and I will be leaving the US on the 29th of December (the 179th day of my overstay).

    Am I right in assuming that I will be able to re-enter after having my husband (a USC) file I-130 and K-3??

    I would just like some advice on what to do, whether to stay or return home (which I will have to do soon anyway). I am just looking for any experiences too... I have been scorned elsewhere when I asked for some advice.

    Thanks In Advance.

    Lidia

  • #2
    I have overstayed my Visa Waiver and I will be leaving the US on the 29th of December (the 179th day of my overstay).

    Am I right in assuming that I will be able to re-enter after having my husband (a USC) file I-130 and K-3??

    I would just like some advice on what to do, whether to stay or return home (which I will have to do soon anyway). I am just looking for any experiences too... I have been scorned elsewhere when I asked for some advice.

    Thanks In Advance.

    Lidia

    Comment


    • #3
      I wonder why you have not filed for AOS (Adjustment of Status) based on a marriage to a USC. If you get organized I guess you can still do that while you are in USA - you can get the whole package of papers from your local INS office, but you better act NOW! The day you receive the receipt notice from INS you will be legally here, your overstay will be pardoned, and you will be able to travel on an Advance Parole. It may be tricky, but so is (even more) your plan...
      Good luck!

      Comment


      • #4
        PS: My suggestion is valid ONLY if you manage to file and receive the receipt notice BEFORE your 180th day of your overstay, after that you may still file but if you leave US you will be barred to re-enter for 3 years...

        Comment


        • #5
          dear lidia, I very much understand ur plight. And i agree with the guest's advise of filing for adjustment. it is I485 package you have to take all the doc listed theirin such as proof of your marriage and usc legal proofs affadavit of support pictures etc etc.,.,. However there are two things
          1) as you are pressed on time you could go with all these documents ( the details can be had on the site www.ins.gov which can be downloaded along with the form I485 package)to the local ins centre and tell thenm you are going to file that very day instead of going back organising all doc and coming back also the money order for the fees as they don't accept cash or cheque and as the wait is couple of hours you could even obtain and fill/comlete your forms there itself even photocopy/M.O.and when your turn comes submit and get the receipt. And as the guest told you , you will be legally in US but after more than 180 days of unlawful presence inadmissable for 3 yrs after 365 days barred for 10 yrs!
          2) the advance parole (doc for travel)is lidia and guest not the safe way for you in your case. Because the notice of us dep of justice ins dated nov142002 states that under illegal immigration reform and immigration responsiblity act 1996 aliens who depart the us after being unlawfully present in us for certain peroids can be barred from addmision ......
          hope this inf is of help
          good luck

          Comment


          • #6
            The reason we have not filed for AOS is because my husband is in the military and he will be moving states after my 180th day. That and I have a degree to complete in Australia (which is a far better option than paying thousands in the US). We have already decided that we won't be AOSsing at this time... thanks for the advice though.

            Lidia

            Comment

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