Will I encounter problems for overstaying my I-94? 2 Answers as of April 08, 2011

I came here on 08/27/2010 and my I-94 expired on 02/28/2011. In January of this year I submitted an application to extend my non-immigrant status and I was pretty sure they were going to approve it, so I overstayed here in the states and just got a letter saying they denied my application. Now, my boyfriend and I (he is a US citizen) don't really want to be away from each other and are thinking about getting engaged and marry soon. My question is that if I've been here without any legal status for 2 months, would it be better to go back to my country and apply for a fiancee visa and would I have a problem getting it approved because of my overstayed? or should I stay here and get married here and adjust my status as well without any problem?

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Law Offices of Caro Kinsella
Law Offices of Caro Kinsella | Caro Kinsella, Esq.
If you marry a U.S citizen and you were lawfully admitted & inspected when you entered the states; your unlawful presence is waived. You won't need to leave the U.S. But you should marry quickly and file the necessary immigration papers.
Answer Applies to: Florida
Replied: 4/8/2011
Law Office of Christine Troy
Law Office of Christine Troy | Christine Troy
It sounds like you entered on a B-2 visitor visa and that you timely filed for an extension of status. In that case, you are supposed to leave on the date the extension is denied. That date also determines when you have "overstayed". If you did not decide to marry or apply for a green card until after your entry to the US, you are eligible to apply for an adjustment in the US based on the facts you presented. Some jurisdictions will overlook your overstay while others will not, so you really need to seek local counsel to evaluate the best option for you.

You still need to have a full appointment with a competent immigration attorney, as there may be other factors present that would complicate your ability there. You are also permitted to leave and apply for a fiancee visa or marry now and apply for a green card. Those are both through consular processing so expect to be out of the US for at least 9 months.
Answer Applies to: California
Replied: 4/8/2011
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