F1 Visa Overstayed - Re-entry possibilities?

[jaysel]

Hi @all!

Brief information to my situation: I entered under a F1-Student visa which allowed me to stay until February 2013. I got married in March and stayed, but never filed for AOS since me and my wife had some issues (so I guess it doesn't matter at all)...
I am planning on leaving to Germany for Christmas and coming back on a tourist-visa (with the possibility to file the AOS when I'm back after NYE).
My question: How should I leave the country and in what manner does the overstayed visa affect my plans? Should I probably try to walk over the mexican boarder in San Diego (I know for a fact, that they don't stamp the passport when you exit), or can I just fly from SFO and nothing happens?
Any suggestions?

Help is very much appreciated!
Thanks,

Jaysel

[Nattybone]

Hi @all!

Brief information to my situation: I entered under a F1-Student visa which allowed me to stay until February 2013. I got married in March and stayed, but never filed for AOS since me and my wife had some issues (so I guess it doesn't matter at all)...
I am planning on leaving to Germany for Christmas and coming back on a tourist-visa (with the possibility to file the AOS when I'm back after NYE).
My question: How should I leave the country and in what manner does the overstayed visa affect my plans? Should I probably try to walk over the mexican boarder in San Diego (I know for a fact, that they don't stamp the passport when you exit), or can I just fly from SFO and nothing happens?
Any suggestions?

Help is very much appreciated!
Thanks,

Jaysel

Hello, Jaysel.

I am sorry if my response borders on stepping in to your personal life. If there is no serious tension between your wife and you, then you should sort out the visa first before leaving the country.

With this overstay, i doubt you will be allowed to enter on B2 visa. You will have to then do status adjustment from your native country and that would take its own course. So, my input, get your marriage based GC first and then leave.

Personal opinion.

Wishing you luck.

Cheers,

[jaysel]

Hello, Jaysel.

I am sorry if my response borders on stepping in to your personal life. If there is no serious tension between your wife and you, then you should sort out the visa first before leaving the country.

With this overstay, i doubt you will be allowed to enter on B2 visa. You will have to then do status adjustment from your native country and that would take its own course. So, my input, get your marriage based GC first and then leave.

Personal opinion.

Wishing you luck.

Cheers,

Hey Nattobone, thanks for your reply!

Well I don't know if we can sort that out that quick... Thanks for your opinion! I just HAVE to be in germany on christmas :-(.... I was wondering if there is any way to leave the country (maybe walking over mexico) and then re-enter so that it seems I never overstayed?
How will they know that I overstayed if I walk the border from San Diego to Tijuana for instance... Last time I went to TJ nobody stamped me... Thanks for your help!

[Nattybone]

Hey Nattobone, thanks for your reply!

Well I don't know if we can sort that out that quick... Thanks for your opinion! I just HAVE to be in germany on christmas :-(.... I was wondering if there is any way to leave the country (maybe walking over mexico) and then re-enter so that it seems I never overstayed?
How will they know that I overstayed if I walk the border from San Diego to Tijuana for instance... Last time I went to TJ nobody stamped me... Thanks for your help!

Hello, Jaysel.

When you enter next time, in the system there will be no record of your exit date. What will you say then, how did you leave? When did you leave? If i am a visa officer, i would want to know why you chose to walk to Mexico etc. and did not fly out.

Also, the onus of proving when you exited and that you did not overstay in USA will be on you. How would you prove your exit date (which should be Feb 2013) to them. I am just throwing situations at you, so you can plan, should you choose to take this route.

I am hoping spending Christmas in Germany is something really important for you. I personally would not take this risk.

I hope this helps. Wishing you luck.

Cheers,