married but no visa

[0misha123]

What is the name of your state? New York
I'm europian married to us citizen and we haven't proccesed my immigration paperwork yet.I have to leave the country for some time.What are my chances about coming back to us to my husband?

 

[evcalyptos]

What is the name of your state? New York
I'm europian married to us citizen and we haven't proccesed my immigration paperwork yet.I have to leave the country for some time.What are my chances about coming back to us to my husband?

How Do I Bring My Spouse (Husband or Wife) to Live in the United States?
http://tinyurl.com/yxbtzp

I suppose your "chances" depend on whether or not you and your husband qualify.

 

[ImmigAttyLana]

Depending on when you plan and when you are planning to file the paperwork for your immigrant status and what your current status in the US is (lawful or out of status), you may or may not be eligible to return to the US. You need to provide additional details and timelines regarding your entry to the US, your status, etc.

 

[0misha123]

Thanks for reply,I've entered US on J1 visa which was extended for another year.Before it expired I got married to my husband,an US citizen.I had a status of aupair which I lost.Now I'm a spouse of US citizen,I'm not what that applies excatly.We haven't had a chance to process the immigration paperwork and now I have to leave the country,I won't have time to process it by then.There must be a way for me to come back to my husband
Please,help.Thank you.Michaela

 

[evcalyptos]

Thanks for reply,I've entered US on J1 visa which was extended for another year.Before it expired I got married to my husband,an US citizen.I had a status of aupair which I lost.Now I'm a spouse of US citizen,I'm not what that applies excatly.We haven't had a chance to process the immigration paperwork and now I have to leave the country,I won't have time to process it by then.There must be a way for me to come back to my husband
Please,help.Thank you.Michaela

If you leave without filing to Adjust your Status (commonly called AOS) and getting a travel document called Advance Parole, you will have to return with the correct visa. Your husband can start the process with a petition I-130. See the link I gave you.
It will take 6-9 months to get the visa.

If you have collected enough days since your J-1 status expired, you may be banned from returning to the US, visa or no visa, for 3-10 years.

Being the spouse of a US citizen is helpful with solving these problems, but it does not give you any legal status in the US as of today. If you stay in the US now and file your AOS, any overstay from your J-1 will be forgiven (excused). If you leave the US, it will not.

You should think very carefully about what your plan is before you leave the US, or maybe choose not to leave.

 

[0misha123]

Thank you,I checked that link,what I don't understand is-would we have to turn the whole package in or could we start only with i-130 for now along with advanced parole in order to leave the country and be able to come back?Thanks again.Michaela

 

[evcalyptos]

total brain melto down.. posted in the wrong place.. sorry!

 

[0misha123]

Hello,I'm not sure what you mean by time,whether it's overstay after my visa expiration-which would certainly be over 180(while I was married ) or the time left in US-I'm gonna be leaving in about 2months.Are you saying that if I file I-130 in US I must wait for another 6months inside the country?!Can I file it from my native country,is that the case you mentioned w/ Australia?Sorry if I missunderstood
What I'd aslo wonder-what if I decide to study in us or be a tourist?Will I close the door to this country forever by leaving without forms submited?! Thx a lot

 

[Lexxi2006]

0misha123, if you've overstayed your J1 visa and your paperwork for being the wife of a US citizen is not in order, forget about leaving or you will not be allowed back. There is an automatic 3-10 year ban for overstays (depends on how long one has overstayed). Please consult with an immigration attorney .

 

[ImmigAttyLana]

If you are in the US, then you file the entire packet for permanent residence and if you had not previously overstayed, you can apply for the advance parole which will take about 2-3 months to be approved and issued. Once you have it then you can travel internationally and return to the US to continue your permanent residence processing.

Please let me know if you have any additional questions or how I can be of further assistance to you in this matter.