exeded time and return

[ernestocs666]

Hi folks, I have a relative that has 5 month in the USA with a K1 Visa and her 4 years old with a K2 Visa...She doesn't get married because things don't work out and and she wish to return to her country but its passed the 90 days (3 month).
What should have to do to make a save returning?

any help will be great!!

[PraetorianXI]

USCIS can not MAKE HER stay in the US.

All the has to do is buy the tickets and fly home (make sure she surrenders the I-94).

She has overstayed her visa though and if she stayed for more than 180 days (past the initial 90 days) then she is subject to a 3 year ban. So tell her to hurry up and go home, it won't be a problem to leave the country. The problem will be when returning to the US with another type of visa.

[ernestocs666]

its there any link on the internet that can confirm the post you send me. Not that I don't belive you but I need some oficial document or something to send her once she go to inmigration.

Thanx in advice

[PraetorianXI]

She will not go through immigration on the way OUT of the country.

She will go to the "check-in" counter, and get her boarding passes, check in luggage.

Then go through airport security, to make sure she doesn't have guns, bombs, etc.

Then she will wait by her flight's gate, and finally board the plane surrendering the expired I-94 to an Airline staff.

No immigration whatsoever... there is nothing she needs to worry about, she will not be asked for anything but her passport and ticket confirmation number.

[ernestocs666]

Another data

The problem with her is that even she left cuba with a fiancee visa that supouse to be within 90 days permit, she left Cuba with the "Salida Definitiva" permit. Thats the problem of her return because if she left with a visiting status then she may come back by her own.
What can she do for been allowed to enter cuba again?
She has no intentions to go back to the USA.
Any Idea???