LidiaM

I came to the US on April 5th this year on the VWWP, I then married my husband on July 8th thinking that we would be filing for AOS etc etc in the month or so after. It is now November and we still have not filed any papers with the INS, this is largely due to financial circumstances and other problems. In the meantime I have been wiling the hours away at home and going bonkers with the lack of progress on the situation and my husbands lack of motivation on this subject. He heavily relies on me to tell him what needs to be done, when he is the one that needs to file on my behalf. All the papers are ready, all he needs to do is fill them out and sign them.

I have now given him 2 options, I am incredibly homesick and want to go back to Australia to finish my studies (where it is far cheaper) and work without having to worry about EAD's and dates and whatnot. He is all for this idea, however being that I have overstayed so long, I was wondering what my chances would be of gaining a B2 for multiple visits considering the length of my overstay?? If I leave, I have to before the 30th of December (this is when the 180 day "amnesty" ends and the 10 year ban kicks in).

The other option is to hurry up and file for AOS and using AP to go home when I can get it. I really really would like to go back to Australia to finish my education as there is no way we can afford it for me here.

I have spoken with a friend who works at the INS and he can't give me a definite answer on what I should do... either way I am in a bit of trouble. I just need some more information and other people's experiences before I make the decision in the next couple of days.

Anyone have any advice for me?