Overstay on K3

[Areut]

Hi! I have a question. My wife is here on a K3 visa and when it came time for her visa they started the process overseas. So immigration said since she is already here she will have to resubmit the paperwork and repay all fees included. Well we had some financial problems and martial problems. Well to make a long story short we are leaving next month to go back to her country and she will stay there with her family and with our 2 kids (which are American citizens). Now it has been a couple of years since her visa has expired. What will happen when we get to the airport? Will she be allowed to leave the US? Also she is going to stay for 2 to 3 years before coming back to give me time to try to get all the paperwork done this time and get things in order. What are our options?

Edit: Forgot to say that she does have a approved I-130.

[PraetorianXI]

USA does not have exit controls (yet). So she will not be detained or anything... however, if she accrued illegal presence (more than 1 year in this case, according to what you said) and leaves, she will trigger a 10 year bar from returning to the USA.

You need to speak with a good immigration lawyer and assess the route to take.

[Areut]

One more question

PraetorianXI thank you for your answer.

Is ten years the max because on the paperwork it says 3 to 10 years? Also we haven't received any notification that she overstayed does that mean it hasn't triggered in there system? Also by getting a lawyer can you lower the bar or is that a set law?

[PraetorianXI]

You can get a better assestment of the situation by getting a lawyer and explaining everything to him/her. The law is set as 10 year max.

What does her I-94 say?

[Areut]

You can get a better assestment of the situation by getting a lawyer and explaining everything to him/her. The law is set as 10 year max.

What does her I-94 say?

Admitted on Mar 6 2004 class K3 until 05 Mar 2006 and that is it.

[PraetorianXI]

Then she has been out of status from her I-94 expiration date. And that will get her a 10 year bar if she leaves the USA. The only feasible way to avoid this is to file for her GC right now, through AOS.

[Areut]

Since we have a approved I 130 how long does it take to get a AOS and green card. Sorry to keep asking all these questions.

[PraetorianXI]

4-6 months.