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expired -B2- Not B1!! sorry! staying illegaly, wanna regularize by marriage

  • Thread starter Thread starter mikefreedom
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mikefreedom

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I am a citizen of Holland. I've been under an f1 visa for 10 years in US. Then I got my 1 year OPT work authorization, then I got a b2 for 6 month ,then a second b2 for 6 month, and my third b2 application was denied in march 2000. I did not leave the US as INS told me. I am staying illegally in US because I have been dating a lovely woman for the past 4 years that will become a US citizen in 3-4 months. We are engaged but were waiting to get married so that I can get my green card from our mariage. I heard that the fact that i am illegaly staying in US will not let me regularies my status after marriage to US citizen?? IS that true? If I return to my country and come back with a new passport (it is expiring soon) as a tourist/ visitor (no visa requiered prior to departure from europe), will INS let me come back to US? My fear is that when I exit US I will have to give my I94 which is the only document that will tell INS I overstayed in US... and because I stayed illegaly for more than 6 months, they won't let me get back in US. What if I tell airline at departure airport that I lost I94 ?? What if I leave US to Mexico by car or bus or just walking accross border without telling US INS (keeping my I94), take a plane to holland from mexico and get a new passport and come back to US as a tourist ??
 


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usdeeper

Guest
If you leave the US you are screwed. They may not register you leaving, but they will catch you when you come back.

Your best bet is to marry the women when she becomes a US Citizen and then Adjust your Status via I130 & I485. The only time you can not adjust your status is when you entered the US illegally.
 

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