Q: Please advise if it could help or not to apply for an extension of stay, what chance do I have to get a new tourist visa
Hello. I came to U.S. on a tourist visa. I was allowed to stay legally in U.S. for 6 months. I quit a job that I had regarding my birth country while I was in U.S. I had a marriage license in U.S. during a part towards the end of those 6 months and about one month and some days during overstay. We did not marry.
Please advise regarding these:
- if it could help or not to apply for an extension of stay during the overstay (as a proof that I tried to get the status legal and not lose the tourist visa) and leave from U.S. on a day not long before 180 days of overstay (with a high probability of it not being approved until then).
- what chance could I have to get a new tourist visa in the birth country considering the overstay and marriage license and in case of an extension of stay denial
- the impact of the overstay and if there would be an extension of stay denial in case of an application for a marriage visa in the future (if there would be a marriage in the birth country).Thanks
A: A US Citizen can sponsor an immigrant after marriage for his green card despite your overstay, provided you entered the US with permission which you did. If you are an overstay and don’t get married and then exit the US, you may be subject to a 3 or 10 year bar depending on the length of your overstay. The solution to your problem, if it’s possible, is to stay in the US and get married to the US Citizen girlfriend.
A:
Applying for an extension of stay after your visa has expired generally won't help your case. U.S. immigration authorities tend to look unfavorably on overstays, and an extension application submitted after your visa has expired is unlikely to be approved. Leaving the U.S. before reaching 180 days of overstay might minimize potential penalties but won't eliminate the overstay record.
Securing a new tourist visa after an overstay can be challenging. Consular officers will consider your previous overstay and marriage license when assessing your new application. Demonstrating strong ties to your home country and providing a compelling reason for your visit might help, but the overstay will be a significant factor.
If you marry and apply for a marriage visa in the future, the overstay could complicate your application. While a marriage visa has different criteria, immigration authorities will still consider your overstay history. It's crucial to provide a thorough explanation and supporting documents to address any concerns about your previous stay in the U.S.
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