im from australia and i have been to the states 4 times now on the 3rd visit in october last year we got married. my husbund is a american citizen. i went back to australia after we was married to tie up lose ends.but i was only home 3 weeks when his parents got really sick.it was to much for him to handle on his home so i came back to the states on a waiver visa to help him. i have now overstayed my visa which ran out4 months ago.i was wondering what steps we have to take to become legal or at least be able to work.also i was wondering what would happen if we go to the airport to return home sence i have overstayed my visa.
2006-07-26 14:31:26 · 8 answers · asked by yours_hun2000 1 in Family & Relationships ➔ Family
The fact is, you have violated the rules of your visa. It could mean being deported and being penalized by the National Visa Center.(NVC)
Now, you have your husband contact his congressman and try that avenue. It would be nice to have power working for you. Since an over stay was due to illness of another person is a lame excuse, ask for the help. This is your only option, since your visa number is in a computer and the NVC knows about where you are.
2006-07-26 14:41:11 · answer #1 · answered by Calvin of China, PhD 6 · 0⤊ 0⤋
If you go to the airport, I don't think you'll have a problem leaving the country. They pay more attention to visas when you enter the country than when you leave. The worst that could happen is you'd get a stamp saying you overstayed, and even that might be avoidable. But if there is a record of you overstaying, it could be hard to get another visa and return.
In your situation, you overstayed because of family illness, so you have a good reason. You can probably present your case to the immigration authorities, with evidence that overstaying was an unavoidable necessity, and they may forgive the violation.
But do work with an attorney rather than trying to plead your case on your own.
2006-07-26 14:54:00 · answer #2 · answered by Anonymous · 0⤊ 0⤋
You are not automatically allowed to stay in the United States. Since you came over on a Visa Waiver and overstayed your visit, you are going to have some trouble with Immigration. It can be done without a lawyer, but it is very hard. Talk to an Immigration Lawyer and also go to the website below and see what it says about your situation. Good Luck!
2006-07-26 14:48:44 · answer #3 · answered by dxle 4 · 0⤊ 0⤋
You need to get an immigration lawyer. You are not an American citizen. First you need to get a permanent resident visa. This takes two years. If you leave the country now you will not be able to return. Since I have been through this process with my wife, I strongly suggest that you call an immigration lawyer today and let them know what is going on. They can begin the paperwork to get you a temporary visa immediately. Whatever you do, DO NOT LEAVE THE COUNTRY UNTIL YOU HAVE A VISA OR IT COULD BE YEARS BEFORE THEY LET YOU BACK IN.
2006-07-26 14:38:11 · answer #4 · answered by Anonymous · 0⤊ 0⤋
If you are married they cannot kick you out.... but you should look at getting an immigration attorney. It is sooooo much harder to get a green card once you have arrived in the country than getting it in Australia. I don't know what will happen as you have overstayed your visa. Like I said get in touch with an immigration attorney. If money is an issue try using a catholic church they sometimes have connections to pro bono immigration attorneys due to the large number a hispanic immigrants that happen to be catholic.
2006-07-26 14:38:12 · answer #5 · answered by mdjohnsonusc 2 · 0⤊ 0⤋
You need to get yourself an attorney who specializes in this sort of thing, and do it quickly before you get into trouble with immigration. There are special provisions made for people who get married to U.S. citizens. It is a lot of paperwork and very complex though, so that is why you need the help of a lawyer. I am surprised you didn't look into this before getting married. So get busy, you should be able to find some names of attorney's on-line. You should also go to the U.S. dept. of immigration's web site and look at the specifics of what you need to do. Good luck!
2006-07-26 14:43:49 · answer #6 · answered by chynna30_2000 4 · 0⤊ 0⤋
You'll probably end up stuck Australia if you do not solve the problem here.
2006-07-26 14:37:44 · answer #7 · answered by doesitmatter 4 · 0⤊ 0⤋
Australia Is much better any way.
2006-07-26 14:36:39 · answer #8 · answered by smart_twin06 3 · 0⤊ 0⤋