Going back to the UK
 

Hey,

Another question if anyone knows or has been through the same thing..


If a British citizen came to the US through a non immigration 10 year visa ( 6 months per visit ) to see their bf and ended up getting married before their 6 months was up but wanted to go back home, I know they can easily leave but would there be an issue coming back to the states? even though their overstay would be waived as they are married. Keep in mind the green card hasn't been filed yet but they wanted to go home to see family.. basically can they come back in to the US without an issue?

Or would it be best to wait until the green card has been filed ?

Re: Going back to the UK
 

Don’t leave the country until your immigration status has been stabilized.

Re: Going back to the UK
 

Okay thanks fo your reply, a friend said the same thing she didn't end up going back to UK until 4 years later :( thankfully I had my mum come visit for 3 months

Re: Going back to the UK
 

What if you're unhappy and want to leave, does that put your green card process in jeopardy? just want to know options for a friend

Re: Going back to the UK
 

If you're asking on behalf of somebody else, please ask them to join the forum and ask their own questions, thanks.

Re: Going back to the UK
 

I you leave the US while a green card application is in process without having received "advance parole", your application will be voided and you have to start over from scratch with a new application

Re: Going back to the UK
 

Thanks- I heard about advanced parole but didn't know much about it, would you be able to go into depth a bit more or link a page I can read about it?

Re: Going back to the UK
 

They are unable to do so, so I am helping. Someone was very helpful below :)

Re: Going back to the UK
 

Also, what if you haven't filed yet - so its not in 'process' would that be different

Re: Going back to the UK
 

Sorry, but as a general rule we don't allow questions to be asked on behalf of a third party, as often info can be missing. Hence why I asked that they join BE themselves, so others can ask them the relevant questions, to get the info needed to give good/accurate advice.

Is the person in question you? Seems to be exactly the same situation.

Re: Going back to the UK
 

Ill pass the message on I don't think she will as she's seeking professional advice from a immigration attorney I just thought I'd get a quicker answer on a forum.

Again, from the previous message - it states a friend. Not me.

You seem to have edited your message but you tried to insinuate I was here illegally .. I have a right to be here in the states im married , in the process of getting my green card and have a valid visa !

Have a good day now

Re: Going back to the UK
 

Certainly sounds like it!!!

Re: Going back to the UK
 

I didn't suggest that she consulted an immigration attorney (although would agree that it's a good idea, if she's been 'living' in the US on a B2 visa!), just that she joins BE so that she can give relevant info to get correct advice. It seems she's in exactly the same situation as you, but there may be slight differences that would affect the advice given.

And my mistake, you've deleted your first post now but I thought that said yourself that you were in the US illegally, hence asking for info on working 'under the table'.

Re: Going back to the UK
 

Never once said I was here illegally. I wanted to see if people were doing that here that's why I said it and I misspoke and deleted the post.

Re: Going back to the UK
 

Fair enough, I must have misread it before you deleted it, and I thought you were the person in the post above that you said had overstayed. Another reason for not asking questions on behalf of somebody else, it can get very confusing!

Re: Going back to the UK
 

No worries, I will spoke for myself going forward.

Re: Going back to the UK
 

Being married to a US citizen does not make your presence in the US legal.

You stayed in post #1 above that the (application for a?) green card has not yet been filed.

Your visa was valid for visits of upto 6 mths, yet you said that you have been in the US for two years, AND are working "cash in hand", after entering the US on a visa that does not allow work.

It seems to me that your protests about illegality are overlooking several key facts about your decisions and circumstances.

Re: Going back to the UK
 

Being married in the US while you await your green card is very valid and allowed I've done my research. My Visa is valid and my overstay is waived because I got married. You are not supposed to leave the States until you file for it and once you do you will be sent a work and travel permit.
I never said I worked cash in hand I was asking if British people here do that it was just a question.

If you have nothing positive or helpful to say please do not respond as you are spinning things the wrong way now. I know my rights and have been advised by lawyers and the immigration company im working with.

GOOD DAY NOW

Re: Going back to the UK
 

You also didn't actually answer my previous question about ' can you leave if your green card is not processed yet' but you decided to answer a question that had nothing to do with you lol

Re: Going back to the UK
 

If you have lawyers and an immigration company you are working with, it seems a little redundant to come onto a public forum and ask for advice from a group of lay people......

Re: Going back to the UK
 

Im entitled to seek further advice am I not ? Again.. if you don't have anything helpful to say then dont.

Re: Going back to the UK
 

This retired immigration lawyer is chuckling a bit. OP sounds like a PIA client. I recall one client married to a high school football coach who repeatedly peppered me with questions. With a smile I told him he was being a PIA but his questions were good ones. We shared a laugh and he promised to keep peppering me with questions. He said I was a “good quarterback.” From time to time, I run into him at Costco. Still married to Ana, and they have two kids.

I will admit to being amused to characterization of internet searches as “research” but immigration lawyers are used to this. Of course, from time to time, that little Colombo like “one more thing” comes up.

Re: Going back to the UK
 

Not sure what an OP or PIA is .. must be some lawyer terminology, keep in mind im finding this out for a friend and attorneys and lawyers are not being super helpful with her this is why I came on a forum to get some knowledge on this.

Re: Going back to the UK
 

OP is used in these forums for “Original Poster.”

If you had done any “research” you will have read Arrabally & Yerrabelly for the answers to your questions. You realize that the issues are complicated and somewhat hard to explain. Nonetheless, you are rude to the lay people who try to help people here.

BTW, even though I represented noncitizens, I personally agreed with the dissent in Arrabally. Before I retired, I would advise clients that the case scared me and could easily go away.

Be nice.

Re: Going back to the UK
 

I’m not trying to be rude I feel as if people who seem to ‘know so much’ really don’t. They are rude, insinuative, and not very helpful or answer actually questions. I’m done with this forum and have asked my profile to be deleted. This is not the type of community I want to be involved with.

Re: Going back to the UK
 

Raniyah, I feel I have to stand up for our members here. Nobody has insinuated anything, you've openly admitted to being in the US illegally and to seeking cash in hand work. Moreover, you've had all of your questions answered and lots of people have kindly taken the time to help you and give you info on visas, volunteer work and transporting your cat. Your question about leaving the US has been answered, and a quick forum search for Advance Parole would tell you all about it, but it's not relevant to you anyway as you haven't filed yet.

I'm glad that you have lawyers. I hope that the 'immigration company' is lawyers, and not just a visa agency/consultant, as some of the stuff you've said isn't correct. But hopefully if you're using immigration lawyers they can sort your status out for you so you can work and leave the country.

I'm sorry that BE isn't for you, but our members are amazing and super helpful, we are a great community and it's a shame that you feel you haven't seen that.

Best of luck to you.

Re: Going back to the UK
 

Both you and your friend are in the US on a visa, have married US citizens and at least one of you have violated the terms of your B visa by overstaying the time allowed stamped in your passport at the POE.

It would behoove both of you to learn the complete process of Adjustment of Status, which includes the filing of applications for Advance Parole (AP) and Work Authorization.(EAD)

Overstaying your visa, may at the time of your AOS interview and hopefully approval, will be pardoned BUT before approval if you leave the US with OR without AP, your overstay will kick-in and you will be denied entry to the US.

Re: Going back to the UK
 

I feel the answers being provided are not the answers they want to hear, hence the defensive nature of the OP. I have to also say, having gone through the whole process myself and about to naturalize tomorrow, this forum is the most helpful forum besides using attorney's. You get the answers you NEED to hear, not what you want to hear. Accept this viewpoint in life, not just here, and things will always go smoother. Nobody's intention is ever to attack you, but to provide information and answers based on information and questions from YOU, the poster.

Re: Going back to the UK
 

Once again, people putting things in my mouth is not right. I did NOT state I'm here illegally or worked cash in hand I was asking if that was something that Brits do here or any advice on volunteering. I changed my question in the end. Some answers have been helpful yes and others not so much. Some of the things I asked were not even for me but for a friend which I also stated.

I am working with an Immigration company through the process not lawyers as that is way too expensive for me.

So essentially its been helpful In some ways and others not so much as I said and I will take the good advise on board.

Re: Going back to the UK
 

Its hard when you are getting so many different answers from forums, attorneys and lawyers its just a bit too much to comprehend. Some of the advice was good and I will take that on board and others not so much ( by say this im not implying they said something I didn't want to hear it just came off rude or not actual answer the question )

My thing is if you don't have any advice then dont give it. If you feel that your comment may offend someone then rephrase it.

I appreciate your feedback it was very helpful

Re: Going back to the UK
 

-
Thank you so much for this helpful advice

Re: Going back to the UK
 

Hmm. In immigration-lawyer-speak, you are using a “notario.” Funny thing is that notarios often charge more than an attorney. And, when the case goes pear-shaped, the attorney has to charge more for what JC Fong and I referred to as “janitorial work” in an attempt to clean up the mess.

Also, it is common in these forums for posters to fail to state the facts clearly or leave gaps in the facts. It is just as common for responders to fill in those gaps. On the other hand, lawyers tend to develop a professional paranoia.

Some of your posts have me shaking my head. Rather than being rude, you should thank the posters for obtaining clarification.

Re: Going back to the UK
 

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so if someone asks a question on here you shake your head ? Haha that’s funny. People should just leave useful advice and be on their way.

Re: Going back to the UK
 

Instead of attacking S Folinsky, perhaps ask yourself why an immigration lawyer with decades of experience is shaking his head? There must be a good reason for it, and I’d consider that in itself very useful advice personally.

I appreciate you’ve said you can’t afford a lawyer, but given your situation (regardless of what you think, you’ve admitted to overstaying your visa and therefore you do not have legal status in the US) it might be cheaper to get it right first time rather than risk being banned from your husbands home country. Your situation is precarious and it’s vital that you get it right. At least a consultation with a good lawyer maybe? To set out all the pitfalls and give you some knowledge of the process to get your status sorted.

Re: Going back to the UK
 

No, I do not.

Re: Going back to the UK
 

___

I know my rights. Have a good day

Re: Going back to the UK
 

Most British Citizens come on a visa waiver not a B1/2 (unless they have a criminal record, are retired or have valid reason for needing a longer stay). Either way if a British Citizen overstayed they become an illegal alien and subject to a ban, the length depends on how long they overstay:

https://www.uscis.gov/laws-and-polic...-admissibility

It is my understanding they could be deported as well. But unless they have a run in with the law or post on a public forum with their full name etc that’s unlikely to happen. As you note if they file for AOS and remain in the US they may get a waiver to the ban for their unlawful presence.

Re: Going back to the UK
 

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Thanks for the advice, I will pass it on, as stated previously this question was for a friend of mine and not me personally.

Re: Going back to the UK
 

Pertinent info for both of you though as you are in the same situation.

And on that note, I’ll close this thread as I understand you’ve asked for your account to be closed which I’m sure Admin will do shortly. You’ve had a lot of helpful advice on various subjects so if you change your mind and decide you’d rather keep your account for other questions, just contact Admin (the ‘Contact Us’ button at the bottom of every page). If your username is your real name, you can ask for a username change instead if you do want to stay.

Best of luck to you, I hope you can get things sorted.