Consular processing after visa overstay

[Bayalaboris]

Hello,

I came here back and forth to visit my boyfriend many times on a B2 visa. The last time I came, I got pregnant and overstayed my visa. We are going to get married after the birth in a month since his divorce just became final. However, I have to go back to my home country for family reasons and we are thinking of just filing the green card petition in my home country since I will be barred from re-entry.

Has anyone had the experience of filing in their home country after overstaying. Your answers are appreciated.

Thanks a lot.

[krypton9591]

Hello,

I came here back and forth to visit my boyfriend many times on a B2 visa. The last time I came, I got pregnant and overstayed my visa. We are going to get married after the birth in a month since his divorce just became final. However, I have to go back to my home country for family reasons and we are thinking of just filing the green card petition in my home country since I will be barred from re-entry.

Has anyone had the experience of filing in their home country after overstaying. Your answers are appreciated.

Thanks a lot.

what was the expiration date of your visa?

[newacct]

Hello,

I came here back and forth to visit my boyfriend many times on a B2 visa. The last time I came, I got pregnant and overstayed my visa. We are going to get married after the birth in a month since his divorce just became final. However, I have to go back to my home country for family reasons and we are thinking of just filing the green card petition in my home country since I will be barred from re-entry.

Has anyone had the experience of filing in their home country after overstaying. Your answers are appreciated.

Thanks a lot.

Is he a US citizen? How long has it been since your I-94 expired?

I would strongly recommend you stay in the US and do Adjustment of Status and do not leave the US until you get your green card or Advance Parole, if at all possible. That way you don't have to worry about bans or waivers. If the family issue is very urgent, you can try to apply for Emergency Advance Parole after you file Adjustment of Status, to get it quicker.

[Bayalaboris]

what was the expiration date of your visa?

My visa expires on october 2023

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Is he a US citizen? How long has it been since your I-94 expired?

I would strongly recommend you stay in the US and do Adjustment of Status and do not leave the US until you get your green card or Advance Parole, if at all possible. That way you don't have to worry about bans or waivers. If the family issue is very urgent, you can try to apply for Emergency Advance Parole after you file Adjustment of Status, to get it quicker.

Yes he is a US citizen.

[UScitizenFilingforspouse]

My visa expires on october 2023

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Yes he is a US citizen.

As soon as you overstay your I-94, your visa is done.

To expand on what newacct suggested - Emergency advance parole is a good option. You get that processed at the field Office and yes, there is a 500 something fee for that, BUT it's issued the same day.