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  1. #1
    Join Date
    Jun 2008
    Posts
    1

    Default Overstayed, Want To Marry Somebody In My Country To Come Back

    Hi, I came to the US on a J-1 visa and before my visa expired I asked for an extension/change of status to a visitor visa. I was granted 3 more months to stay but I overstayed that period for 2 years. I have a girlfriend and we want to get married. I know I should get married first and after getting the greencard go back to my country. The problem is that I really need to go back for family reasons and I can't wait any longer.
    1: should I let the USCIS know that I overstayed and I'm willing to voluntarily leave or should I just leave? Which one would look better or it doesn't make a difference?
    2: my girlfriend wants to go to my coutry to marry me over there so I can come back. Is that going to work out? If it does, how long after I left the country I can do that?

    Thank you

  2. #2
    Join Date
    Feb 2006
    Location
    NA
    Posts
    244

    Default Re: Overstayed, Want To Marry Somebody In My Country To Come Back

    If you leave the country before getting your green card, you will be subject to a 10 year ban on re-entry. If you intention is to be in the US anytime before that, then your only solution is to apply for adjustment of status. Once the adjustment of status is accepted and in process of review, you can apply for advanced parole, which is another form I131 that asks for permission to re-enter the US.
    If I had to guess, based on some of the processing times right now, if you filed the I1485 today (have to wait until it is put in process before you can apply for advanced parole), then file the I131 form, I would say 6 months to a year would be my best guess.

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