I need to go back to my country.

[risten]

I know that, Im just asking if there will be a ban afterwards and what's gonna happen if im still married to him.

[rayb]

You will have no problem leaving the U.S.

--Ray B

Okay so I came to the US last year in March to visit some friends, I ended up meeting someone and getting married. A year later our marriage is going down hill and Im still without a Green Card because he just doesn't care. I'm tired of sitting doing nothing so I have decided to go back to Europe to my country and my family. I overstayed my tourist vissa cause I married him but we never applied for a Green Card or adjustment of status. I'm just ready to leave and I have so many questions as to what will happen to me at the airport. I cant afford a divorce, we dont have any kids or anything. Can anyone fill me in please?

[risten]

You will have no problem leaving the U.S.

--Ray B

I know that. Im talking about a ban afterwards and what's gonna happen if Im still married to him.

[rayb]

Risten,

The reason my response was so curt is because you said: "...I'm just ready to leave and I have so many questions as to what will happen to me at the airport. ..

What happens afterwards depends on how you attempt to return to the U.S., by simple reentry, new visa, etc.

It would probably be most beneficial for you to not rush to get a divorce until you have a plan for your future which might include returning to the U.S.

But your visa overstay penalty will depend on how long you overstayed, i.e., 30 days, 6 months, years, etc.

The irony here is that by staying in the U.S., you have the greatest chance of several options for remaining in the U.S. and obtaining legal status in the future.

But once you leave the U.S., you put yourself in the status of being subject to denial of reentry in the future.

--Ray B

I know that. Im talking about a ban afterwards and what's gonna happen if Im still married to him.

[risten]

Risten,

The reason my response was so curt is because you said: "...I'm just ready to leave and I have so many questions as to what will happen to me at the airport. ..

What happens afterwards depends on how you attempt to return to the U.S., by simple reentry, new visa, etc.

It would probably be most beneficial for you to not rush to get a divorce until you have a plan for your future which might include returning to the U.S.

But your visa overstay penalty will depend on how long you overstayed, i.e., 30 days, 6 months, years, etc.

The irony here is that by staying in the U.S., you have the greatest chance of several options for remaining in the U.S. and obtaining legal status in the future.

But once you leave the U.S., you put yourself in the status of being subject to denial of reentry in the future.

--Ray B

Thank you for your response. Leaving is my last resort seeing how I've been married to this man for over a year now and my Green Card is on the bottom list of his priorities. I'm tired of doing nothing, not being able to work. I'm contributing nothing. I have my aunt in NY which is why I would ever consider coming back to the US. I have overstayed a year and 3 months. I had no idea about all this before coming here and he didn't explain either. I only have money for a flight so I was just gonna do that without getting a divorce because it's expensive. I just want to know what I'm leaving behind and what's coming after me if there's anything.

[rayb]

If you stay, there is always a chance you can adjust your status in the future or otherwise normalize your say here.

If you leave, you can't get back in without a lot of hassle and expense, and expect it to take a year or more, probably more.

--Ray B

Thank you for your response. Leaving is my last resort seeing how I've been married to this man for over a year now and my Green Card is on the bottom list of his priorities. I'm tired of doing nothing, not being able to work. I'm contributing nothing. I have my aunt in NY which is why I would ever consider coming back to the US. I have overstayed a year and 3 months. I had no idea about all this before coming here and he didn't explain either. I only have money for a flight so I was just gonna do that without getting a divorce because it's expensive. I just want to know what I'm leaving behind and what's coming after me if there's anything.