Overstayed visa waiver help

Upvote:5

AIUI

If you got married to the US citizen while still in the US you could have applied for adjustment of status to permanent residence despite the overstay, effectively rendering the overstay moot but as you didn't actually go through with the marriage and left the country that doesn't help you.

If you overstay on the visa waiver program you are no longer eligable to use the program and will need to apply for a visa for any future travel to the US. Furthermore you will immediately start acruing unlawful presence. If you leave the US after acruing more than 180 days of unlawful prescence you get a 3 year ban. Leaving with more than 365 days of unlawful prescence gets you a 10 year ban.

So if you spent all of the 2 years you have "been together" in the US following a single VWP entry then you have a 10 year ban.

Even if you have no ban a past overstay is likely to weigh against you in getting a visa in the future.

Despite not having any obvious exit checks the US does record exits. So lying to US authorities about your overstay is likely a bad plan.

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