[Essie]

Hello All,

(I'm John, Essie husband. Just using her account as i have a few questions of my own.)

I am a UK citizen who was on a L1 visa for a job that i left back June 3rd last year (2011). I married a US citizen on June 6th 2011 and was planing to apply for a green card the next day. Long story short that never happened.

My L1 visa finished June 26th 2011, so I've been out of status for ten months. I am now planning to return to the UK with my wife how is currently applying for her UK visa. I found some information which says that generally people who have stayed past their visa for more than 180 days can face up to a 3 year ban from re-entering the United States, and people who stay longer than 1 year past their visa can face up to a 10 year ban from re-entry. I realize that I've gone well past 180 days so that means I could get a three year ban. However my wife's UK visa may not be ready until after June 26th (My one year). Now I can live with a three year ban if I must, but not a ten year one.

So I would like to know:

Are these bans automatic?
Could I possibly get an extra couple of months to stay before they consider a ten year ban? I am going back home after all.
Has anyone had any luck seeking the help of an immigration lawyer or your local consulate?

Any advice would be amazing, Thank you.
John,

 

[Crawford]

Hello All,

(I'm John, Essie husband. Just using her account as i have a few questions of my own.)

I am a UK citizen who was on a L1 visa for a job that i left back June 3rd last year (2011). I married a US citizen on June 6th 2011 and was planing to apply for a green card the next day. Long story short that never happened.

My L1 visa finished June 26th 2011, so I've been out of status for ten months. I am now planning to return to the UK with my wife how is currently applying for her UK visa. I found some information which says that generally people who have stayed past their visa for more than 180 days can face up to a 3 year ban from re-entering the United States, and people who stay longer than 1 year past their visa can face up to a 10 year ban from re-entry. I realize that I've gone well past 180 days so that means I could get a three year ban. However my wife's UK visa may not be ready until after June 26th (My one year). Now I can live with a three year ban if I must, but not a ten year one.

So I would like to know:

Are these bans automatic?
Could I possibly get an extra couple of months to stay before they consider a ten year ban? I am going back home after all.
Has anyone had any luck seeking the help of an immigration lawyer or your local consulate?

Any advice would be amazing, Thank you.
John,

I'm copying an article from USImmigrationlawyers.com. I'm copying you this just to show that what others have said in this thread regarding the bans is correct.

How Long Will I Be Banned for Overstaying a U.S. Visa? | USImmigrationlawyers.com

Once you leave the US, relative to how long you have overstayed, the bans will come into effect.

At this point, if you have the financial means and if you are in two minds about departing for the UK, it MAY be beneficial to see an immigration lawyer, as there have been some people on these forums who have overstayed visas but, because they have married US spouses, have managed to get Adjustment of Status due to their marriage.

Hopefully someone will respond who has gone through this process, or you could do a search.

However, if it is your intention to leave for the UK I doubt if you would get an extention of your overstay (you are here out of status so why or how would an extention be granted?) so I would plan to leave before your one year is up.

Good luck

 

[twostep]

Your questions were answered in your wife's threads.

This may sound harsh but what you can live with or not is a personal issue so is your wife's UK visa processing time.

US Consulates are not immigration assistance and will not provide advise on how to find a loophole. Over 180 days - 3 years, over one year - 10 years. Options - which may be time consuming and involve fees were pointed out. There is no "I just want to add a couple of months and then I am going home after all" visa.

Sorry, but you have known since June 2011 that you are illegally in the US. Your wife is harboring an illegal. Be glad to face a ten year ban only if everything works out.

 

[EVHB]

And you don't have to wait to return to the UK until your wifes visa is ready, you can leave earlier.

 

[Crawford]

And you don't have to wait to return to the UK until your wifes visa is ready, you can leave earlier.

I was also thinking that the OP could leave earlier.

Although somewhat hard on the family it would give him additional time to find a job and hence be in a better position for the Support element of the visa application.

 

[twostep]

I was also thinking that the OP could leave earlier.

Although somewhat hard on the family it would give him additional time to find a job and hence be in a better position for the Support element of the visa application.

I really hope things will work out for them - legally.
Times are not as bad as a lot of folks say. Of course you will not find employment on an expired L1 visa. It does not matter where you are in the US. Apparently his folks are sponsoring her UK visa.
LDRs have to deal with separations. Especially when one party is out of status for almost a year. I do not think he understands the potential legal ramnifications for her and then for him.

 

[mamasue]

John....would it be possible for you to stay in the US a bit longer and apply for Adjustment of Status??
You entered the country legally, you didn't swim the Rio Grande or anything, so you're an overstayer, not an undocumented alien, there's a difference.
Overstay is often forgiven if you're still in the US, as long as you're married to a USC.
A good immigration lawyer should still be able to see you through the GC process if you don't leave the country.
Of course, if you leave before you do any of this, you'll definitely get a ban.
If I were in your boots, I'd get a good immigration lawyer and try and get some status here.
BUT....If you get a GC and stay out of the country more than a year, it's seen as abandonment of your GC status anyway, so all this might just be a moot point.
If you really wanted to stay in the US instead of leaving, I'd definitely try the AOS route.