Visa Over stay

A quick question..

How long is a ban if you were to over stay a 3 months visa into the US.

If i had over syaed by 2 yrs, but in that time tried to get an extention but failed, married an American citizen making plans to file a 1-130 K3, but have no decided to go back to the U.K

I'm just wondering how long i will be black listed for? I have not worked in the U.S during my stay.

I have been advised when i get back to the U.K to get myself an immigration lawyer to help me with any problem IF i planned on visiting the U.S in the future.

Any advise is appreciated, i just hear horror stories i might face a HUGE fine or something like that, even though Im leaving on my own will.

180+ days and less than a year = 3 year ban
more than a year = 10 year ban

They are triggered once you leave the US voluntarily before any removal proceedings are begun. My advice to you is to obtain some legal advice. Aside from the 'unlawful presence', you may be in a sticky situation from where I sit as you have tried to get an extension and failed, then you got married. and this may appear to be a marriage for immigration purposes. Not saying it is, only how it may seem. Please seek legal counsel before leaving the US as to how you should proceed, based on your circumstances. You may find more here

Thanks for your reply,

So I wont have any problems leaving, the only HUGE problem i need to deal with is if I ever wanted to return for a visit?.


I'll most likely get asked 1 million questions as I pass through customs, but once im back in the UK, I should be ok, shouldn't I?

I will seek legal advice shortly.

Thanks