# UK Husband's over stayed visa by a year. Once we leave US will he be banned? HELP!



## Essie (Mar 21, 2012)

Hello All.

Me and my husband got married last June. He is a UK citizen and I'm a American. We were always planing to get him a green card once we married as his Vias was up for renewal.

However he lost his Job and we got into some debt that we had to clear off first, meaning that a green card was simple too expenive and would have to wait. As it turns out we are now moving to the uk to be with his family and I,m the one who is getting a visa.

He has been in the US without proper paperwork since June 2011. I compleaty get that this is wrong but with little money going around these days, $4,000 green cards just don't happen right away. When we leave in a couple of months, will he be able to come back? Or is he looking at a ten year ban?

Any info or advice would help!


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## twostep (Apr 3, 2008)

Your personal financial situation is unfortunately of no concern to US immigration. I am not issuing legal advise here but he has been out of status since 06/2011 and he plans to stay here until you "leave in a couple of months" but may want to return to the US?

You may be able to punch AOS through. But what for? Your plans do not include the requirements of a Green Card holder. He will likely look at a ban. But you will not know until he tries to enter the US or files for a visa.


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## Essie (Mar 21, 2012)

twostep said:


> Your personal financial situation is unfortunately of no concern to US immigration. I am not issuing legal advise here but he has been out of status since 06/2011 and he plans to stay here until you "leave in a couple of months" but may want to return to the US?


I understand this and in no way I'm i trying to tell a sob story, just telling it how it is.

We are leaving in July for the UK. However we may have to come back to the US for family resons in the near future. Just wonding what may happen once he trys to come back in.


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## twostep (Apr 3, 2008)

Essie said:


> twostep said:
> 
> 
> > Your personal financial situation is unfortunately of no concern to US immigration. I am not issuing legal advise here but he has been out of status since 06/2011 and he plans to stay here until you "leave in a couple of months" but may want to return to the US?
> ...


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## Essie (Mar 21, 2012)

Oh by no means did I think that, just wanted to tell my story to the forum. I no US imagration wouldn't care. 

What is a B2?


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## twostep (Apr 3, 2008)

Essie said:


> Oh by no means did I think that, just wanted to tell my story to the forum. I no US imagration wouldn't care.
> 
> What is a B2?


With overstay he will no longer be able to travel by ESTA using VWP (visa waiver program). Thus he will need to apply for a vis ato enter the US. Check B2 out on travel.state.gov. It walks you through the complete process.


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## Essie (Mar 21, 2012)

Thanks for the advice, checking it out now.

Will it deffinatly be a ban if its over a year?


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## Crawford (Jan 23, 2011)

Essie said:


> Thanks for the advice, checking it out now.
> 
> Will it deffinatly be a ban if its over a year?


The rule of thumb is: Under a year but over 180 days its usually a three year ban; over a year you are looking at a 10 year ban.


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## Davis1 (Feb 20, 2009)

Overstaying over a year is a standard 10 year ban


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## mamasue (Oct 7, 2008)

If you're thinking of staying and doing AOS before you leave the country, an overstay is often forgiven if you're a spouse.
Once you leave, you'll most likely incur a ban.
If at all possible, I'd try for AOS before you leave.
But.... if you're planning on going to the UK, a green-card isn't the issue anyway.


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## Essie (Mar 21, 2012)

BTW is this going to affect my UK visa application?


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