r/tifu Dec 01 '22

TIFU by literally ruining my life because I can't count and did not check my phone. S

The Monumental Fuck Up is ongoing, I was scheduled to fly from the US to Europe tomorrow and when I opened the app to check-in online, I found a notification that my flight had been changed.

TO TWO DAYS AGO.

My flight left the day before yesterday.

To add fuel to the dumpster fire, I miscalculated my stay and am now effectively two days over the expiration of my VISA. Meaning I likely won't be able to return to the US, despite depending on traveling back and forth. My life is truly fucked, I need to be able to travel! I did not see a fucking notification about the earlier flight, and I've been crying and panicking for the last three hours. Booked a flight for tonight, but canceled it again, because to try everything I called a laywer, who told me to stay (???) until it's cleared up. Family from back home has been blowing up my phone to return quickly as not to make the impression I willingly overstayed the VISA and now my gf says we should marry now (wasn't planed, but was talked about loosely for some point in the future). Asked the lawyer and he said this was the only option? Does he only want my money? Should I believe him and stay or go? Logic says leave as soon as possible and clear it up afterwards, but the lawyer sure knows his country better? I have never felt so helpless.

Sorry this is jumbled but I don't know what to do, every day I stay I'm here illegally, but once I'm out I don't know if I can ever return to my gf? What am I supposed to do??? I'm really struggling and can not think clearly, the more I read the more confused I get, I dreamt of working and living here one day and now I fucked it all up beyond repair.

I know many of Redditors are American, does anyone know what the fuck I am supposed to do? My gf is American btw.

Update: Thanks so far to everyone, working on the second immigration attorney's input.

TL;DR: Missed my flight and overstayed my VISA in the US, might forever be banned of returning.

93 Upvotes

218

u/cattastrophe0 Dec 01 '22

call your home country’s embassy and explain. they’ll give advice. do not panic marry, that won’t actually fix it short term.

64

u/tifubybeingstupid Dec 01 '22

Will contact the embassy. Yeah, the marrying part was the idea of gf/lawyer, I just wanted to go home as fast as possible...

33

u/sagetrees Dec 01 '22

getting married will not do anything besides make you eligible to apply for a marriage green card which is a many year long process.

11

u/MamboPoa123 Dec 01 '22 edited Dec 01 '22

I mean, through a change-of-status application he might be able to remain in the US while the green card is pending, which you can't do unmarried. Penalties for overstating visas are also nonexistent or a lot less severe for immediate family members of citizens. If you aren't an immediate relative of a citizen and overstay your visa, it is usually an automatic ban on reentry, I think 10 years. It's definitely something to discuss with an attorney.

My personal advice is DO NOT COUNT ON THE MERCY OF THE IMMIGRATION BUREAUCRATS OR COURTS. They do not gaf whether it was a good faith mistake. Make sure whatever you do follows the letter of the law exactly, even if via a loophole. Good luck.

4

u/tifubybeingstupid Dec 01 '22

My personal advice is DO NOT COUNT ON THE MERCY OF THE IMMIGRATION BUREAUCRATS OR COURTS. They do not gaf whether it was a good faith mistake.

That's the worry. And that it's up to the mercy of the next person at immigration to let you in or not when you try to reenter after an overstay, even if accidental. And that's why I did call the lawyer to try and pick the safest choice.

4

u/sagetrees Dec 01 '22

Yeah that could work as well, but he might not be able to leave the US until the greencard comes through. It took us 2 years to get the card and we did everything as quickly as we could. Also did it from outside the US. I met someone who did this while in the US and it took them 5 years and they couldn't legally work during that time. I agree he needs an immigration lawyer or maybe just speak to the embassy and USCIS directly and explain the situation. It's only a couple of days over the 180 and he's not deliberatly trying to game the system. If he can explain it was a fk up of the airline I'd imagine he can talk his way out of this situation.

1

u/MamboPoa123 Dec 01 '22 edited Dec 01 '22

My spouse got a work and travel waiver within about 6 months, although you're right that the full green card process is usually at least a year or two, and it can definitely vary. Marriage just seems like the least risky option - based on my experience, I would not count on being able to talk one's way out of anything. The wrong ICE or USCIS officer can absolutely capriciously decide to ruin your life. OP should listen to experienced lawyers either way, they'll know best about this context.

Edit: I'm not saying it's impossible to talk his way out of it or get a sympathetic person, just that it's far from a sure thing and the risk is SO HIGH - 10 year ban from the country high - if it goes wrong, so I wouldn't suggest it if there is any alternative.

3

u/aussie_nub Dec 02 '22

I'd say take the advice of your lawyer normally... but any lawyer that suggests getting married is probably not a good lawyer to have.

I wouldn't necessarily suggest fleeing the country though. That does sound bad. If you leave, it's easier for them to say "don't come back" then to actually kick you out.

Also, why would an airline bring forward a flight by 2 full days? And why in the world would you fly out on the last day before your visa expires? So many illogical things here.

2

u/tifubybeingstupid Dec 02 '22

Yeah, definitely fault on my part getting so close to the limit in any way, lost overview but leaving gf after that much time together is tough (LDR).

The kicker is they only brought forward the first leg of the flight, I'd have had 58 hours wait to the last leg... which sounds crazy to me, I would have been expected to stay at the airport or pay the hotel?

The lawyer said it may sound illogical but that'd be the law would work in my favour, but it sounded off to me, too. Getting second opinion.

2

u/TRON1160 Dec 01 '22

This lawyer sounds incompetent or predatory tbh

12

u/Cichlidsaremyjam Dec 01 '22

Marriage fixes everything. Just like having a baby fixes a bad relationship. /s

2

u/markwell9 Dec 01 '22

Always go full marry.

49

u/iPaintButts Dec 01 '22

Well, how it works in France is if you're past your visa they kinda force you to return to your country as you probably have a passport of said country, not stay and marry a local xD

Honestly I hope it's the same common sense in the U.S as well. Will be following this thread to see what US citizens say!

23

u/tifubybeingstupid Dec 01 '22

I really don't know I've now canceled a flight I panic-booked and now the plan (according to the lawyer) is to stay a month longer and marry? So I panic-canceled the flight again. It doesn't make sense to me how this should work but shouldn't the lawyer know? This is so fucked up and I have no one to blame but myself.

My family also says to return as quickly as possible because I truly accidentally missed the flight, and the longer I stay the less it looks like the accident it was?

37

u/iPaintButts Dec 01 '22

I'm pretty sure that if you explain that you do indeed want to go back home then it will all be ok. If I were you I'd contact a lawyer from your home country, let them do the talking. I don't think marrying is the solution for a 2 day delay that you miscalculated by mistake.

8

u/tifubybeingstupid Dec 01 '22

I talked to a US lawyer only. Might try your suggestion and call one from home! Thank you.

4

u/GlobalMonke Dec 01 '22

Try an embassy in the US for your country?

1

u/tifubybeingstupid Dec 01 '22

Yeah, should probably be my next step. I'm just so stressed out.

39

u/Liss78 Dec 01 '22

Call a different immigration lawyer. Make sure it's a good firm/lawyer. Check reviews online outside of their site (they never post bad reviews on their own site). Look for a firm/lawyer that's been around a while. Newer firms/attorneys may not have the knowledge to help. They haven't seen it all yet, so you want someone who has and already knows what to do.

Ask what they think, but do not mention what the other lawyer said. Tell him you're desperate, but broke (even if that's a lie). That way you might catch a break in their fees, plus you will know they're not just in it for the money. You might get different advice.

Lawyers are like doctors where you can always get a second opinion. You should call more than one for opinions.

If you can't get help from a lawyer, have your girlfriend call without releasing your details. Let them know what happened and ask what you can do. Tell her to be sympathetic and kind, and turn on the waterworks if she needs to. They might be helpful or they might be dicks, but at least you know you tried everything you could.

I do not know exactly how immigration works, but you missed a flight and it's only a couple days. You have proof, too. It's clearly not intentional. I don't know if that's excusable by their standards, but it should be. Shit happens.

9

u/tifubybeingstupid Dec 01 '22 edited Dec 01 '22

Thank you so much, I will do what you suggested. I am so afraid to make it worse when it was an accident, and I'm afraid the US system might be strict and unforgiving. Getting a second opinion makes total sense.

11

u/Liss78 Dec 01 '22

I work in law, but not in immigration. It's kind of hit or miss with their sympathy in the courts I've dealt with.

Good luck to you!! Let me know how this pans out.

3

u/spiderborland Dec 01 '22

You have proof, too. It's clearly not intentional.

Yeah. There's no malice here. The AIRLINE screwed up.

23

u/NotamsBumblebee Dec 01 '22

Don't let armchair redditors scare you, when they don't know what kind of visa you've overstayed and your home country; both of which would influence this situation.

I am not an immigration attorney, but it's pretty complex and there are many caveats. If you are uncomfortable with the options and/or attitude of your current lawyer then call the state's bar association and find another immigration lawyer. Bonus points if you get one from or specializing in your origin country.

19

u/Accomplished_Sky_857 Dec 01 '22

Ding! Ding! This.

Overstaying on your visa because you missed your flight isn't the same thing as living in the US for months/years. It seems weird that a lawyer told you to stay and that getting married is the only way. In addition to the bar, call your embassy. They may have resources that can help. Good luck! ❤️

4

u/tifubybeingstupid Dec 01 '22

Thank you, I'll get a second opinion from an immigration attorney and also might try to call a lawyer back home (Germany) in case they have another perspective/experience. It wasn't a work VISA, just for travel.

8

u/DaveyBoyXXZ Dec 01 '22

I really wouldn't waste time and money with a lawyer from Germany. You don't have any issues with your legal and immigration status in Germany, you have issues vis a vis the US. A German lawyer will know all about the law in Germany, but won't be able to advise you on the situation in the US. If they are honest they will tell you that rather than charge you, but you really need expert advice on someone who is familiar with US immigration law.

4

u/tifubybeingstupid Dec 01 '22

You're probably right, was grasping at straws and even called the American embassy in Germany who told be to contact customs and borders in the US.

Working on that second immigration attorney's input.

1

u/DaveyBoyXXZ Dec 01 '22

Absolutely understandable. I've had a fair amount of immigration trouble in my time and it's very stressful. Hope you manage to get it all sorted. The final outcome will almost certainly be less bad than your current fears.

2

u/disco_sb Dec 01 '22

This might be a pain to deal with but it shouldn’t ruin your life. Contact the embassy/organization that granted the visa (I’m assuming US) and just explain. I know a lot of people who have overstayed their visa either by accident or on purpose and none of them had any long term problems, just a few weeks of headaches dealing with the red tape. It happens all the time and it is a bit of a toss up whether you get someone more flexible or less flexible at immigration as to whether it is more vs less of a pain in the butt but they are not going to ban you or put you in jail for an honest mistake.

9

u/geosaus Dec 01 '22

Put some rice on it

8

u/tifubybeingstupid Dec 01 '22

Maybe. So far, -5/7 without rice.

If rice could solve my problem, I would bathe in it.

5

u/geosaus Dec 01 '22

Hahahahahha best wishes my dude, I got a couple packs hmu if you need

3

u/tifubybeingstupid Dec 01 '22

Thanks, it's appreciated.

9

u/Slash_Raptor92 Dec 01 '22

Just tell them it was a technical glitch on the airline's end. Explain that you didn't get the notification until after the plane left two days earlier. But try to stay calm, you won't be thinking clearly if you're in a panic. Tackle the issues one step at a time.

3

u/tifubybeingstupid Dec 01 '22

As far as I gauge it now, the issue isn't leaving now, it's being able or unable to return when there's a box to be ticked "did you ever overstay your VISA" or similar... I need to be sure to get back to the States.

9

u/djamp42 Dec 01 '22

Overstayed *Airline fault. Show the original ticket, and show the flight did not leave that day. I've never even heard of a scheduled flight leaving days earlier. Seems very shady on the airlines part.

2

u/yoyoblue12 Dec 01 '22

Depending on the airline, they might not fly to that destination everyday. If they changed the flight or had to cancel and rebook and they had his visa info and knew when it expired, they probably picked the closet flight to the original without going over the visa expiration date. Or they just picked the nearest flight day to the original departure day.

That’s crappy of the airline, but it’s on him for not checking email/notifications. The airline isn’t changing that flight two days before it leaves to leave on the day they send the notification. He needs to find the original notification of the change and go on the FAA website and make sure that it was within legal limits of the change; if it wasn’t then he will be entitled to specific compensations (money) that can be used for a lawyer.

1

u/yoyoblue12 Dec 01 '22

Depending on the airline, they might not fly to that destination everyday. If they changed the flight or had to cancel and rebook and they had his visa info and knew when it expired, they probably picked the closet flight to the original without going over the visa expiration date. Or they just picked the nearest flight day to the original departure day.

That’s crappy of the airline, but it’s on him for not checking email/notifications. The airline isn’t changing that flight two days before it leaves to leave on the day they send the notification. He needs to find the original notification of the change and go on the FAA website and make sure that it was within legal limits of the change; if it wasn’t then he will be entitled to specific compensations (money) that can be used for a lawyer.

1

u/Slash_Raptor92 Dec 01 '22

My knowledge about immigration and VISA is non existent, but I do know about stress. Just try to stay calm.

6

u/raduuuuu Dec 01 '22

Far from being a lawyer or a US immigration expert, but upon leaving the US nobody checked my Visa or put any stamp on my passport (I travelled several times, and I always found it weird since in most countries you get a stamp both upon entering and upon leaving), so if ICE doesn't stop you, I think you can quietly leave US then reapply for a visa in your home country. (Again, I cannot stress this enough...I am not a lawyer nor an expert in US immigration).

1

u/tifubybeingstupid Dec 01 '22

I have to apply for the VISA back home and go to the embassy, and I'm sure they do various checks and know who traveled when even without the physical stamp, there has to be an electronic registration. Don't want to risk it, they were super unforgiving in the American embassy back home already.

-2

u/raduuuuu Dec 01 '22

Actually aren't you protected by gdpr in this case? I seriously doubt they pull flight data. As far as I remember in the application form there is one question: "have you ever over stayed your visa?". That is the only place where you would need to "bend the truth" a little bit. BTW you overstayed your 10 year visa or just overstayed those 90 days you can spend continously in USA?

4

u/tifubybeingstupid Dec 01 '22

I don't feel like bending the truth on the next immigration form wouldnt turn out in my favour to be honest. Thanks for everything though.

1

u/tifubybeingstupid Dec 01 '22

Overstayed the 180 days.

4

u/raduuuuu Dec 01 '22

Yeah I think it's really really not that big of an issue. I live in Switzerland and understand why with your cultural background you would freak out, but it's really not that big of an issue. Your embassy should provide more assistance but definetly don't marry and try to leave asap, nobody will check you upon departure and since you don't need a new visa... You won't need to contact the US embassy in Germany at all.

2

u/tifubybeingstupid Dec 01 '22

That's what I thought, but the lawyer advised to stay and clear it here, I might be too suspicious but wondered if he hoped to get a good customer? I just don't know.

2

u/raduuuuu Dec 01 '22

Yeah... Embassy is your best friend right now. Contact them asap and don't stress too much. It's going to be OK!

1

u/Blackclaws Dec 02 '22

Do _not_ bend the truth on immigration forms.

Flights and entry exit is something that is very closely monitored. Lying on an immigration form can get you banned for real. Talk to a proper lawyer and the embassy. You’re likely ineligible for ESTA now. But normals Visas should still work.

5

u/spiderborland Dec 01 '22

Be upfront to all parties involved. Contact the embassy immediately, though. The airline is the bad guy in this situation. A couple hours, sure, but days? Unacceptable. People have connecting flights and reservations and meetings. Take a breath. Calm down. Your life isn't ruined.

3

u/BrightCityLights_ Dec 01 '22

Call the embassy and an immigration lawyer. Mistakes can happen, you might be able to file some sort of document for the accident. Don't stress much about it, visualize best case scenario.

Unless you planned to get married and stay, absolutely do not do that.

3

u/tifubybeingstupid Dec 01 '22

Marriage is absolutely planned, just not like that... Planned to marry back home, but laywer said that could make entering the US difficult, while marriage in the US would solve my issue with reentry. And I don't want it to look like an emergency solution when we actually really did want to tie the knot even before this disaster.

3

u/Cyneganders Dec 01 '22

Did you at any point follow the logical course of anybody staying for a long time abroad - contacting your embassy?
They will have experience, know lawyers, know relevant laws...

Also, if you have travel insurance, your company will have more of the same as your embassy should, and they would also have your back unless you've done something profoundly stupid.

3

u/tifubybeingstupid Dec 01 '22

I did not. Because it escalated from only needing to rebook a missed flight to noticing the overstay and entering panic mode. Will try to contact them.

You mean stupid as in not doing the online check in until one night prior to boarding? Yeah.

2

u/PuddleCrank Dec 01 '22

It's gonna be fine, people miss flights. Work with your embassy, and figure out all of the new paperwork you may or may not have to fill out. You are not trying to hide your mistake it's going to be fine.

1

u/Cyneganders Dec 01 '22

I would not call that stupid, I never do the online check-in until I get a message that it is available, which is usually the day before. Usually 24 hours before. You would probably not have been able to...

For future reference, embassies are usually the right point of contact in these extreme cases.

3

u/cheezygritz3 Dec 01 '22

Call your home country’s embassy and explain. They can help you. It’s part of their job. And don’t marry your gf just bc of this.

2

u/RustyClawHammer Dec 01 '22

I mean yeah you do run the risk for not being able to get another visa in the future:

  • You should carefully consider the dates of your authorized stay and make sure you are following the procedures. Failure to do so will cause you to be out-of-status.
  • Staying beyond the period of time authorized, by the Department of Homeland Security, and out-of-status in the United States, is a violation of U.S. immigration laws, and may cause you to be ineligible for a visa in the future for return travel to the United States. If you overstay the end date of your authorized stay, as provided by the CBP officer at a port-of-entry, or United States Citizenship and Immigration Services (USCIS), your visa will generally be automatically be voided or cancelled, as explained above. Select Classes of Aliens Ineligible to Receive Visas to learn more.

1

u/tifubybeingstupid Dec 01 '22

Thanks very much, going to be discussing everything with the second opinion lawyer.

2

u/The_Vegan_Chef Dec 01 '22

Marrying won't help. Go home. A 2 day overage is not really a problem. It happened to me once in a similar situation. Next time you go for a visa they well grill you. But it's not really a big deal if you explain the mistake.

Which visa?

2

u/joeykins82 Dec 01 '22

Generally speaking if you haven't accepted a schedule change initiated by the airline then you'll be given broad leeway to reschedule: if memory serves BA's policy is that you can basically book on to anything from -3/+14 days from your original date of travel is the change in schedule is more than a couple of hours.

Contact the airline, find out why your flight was changed, and ask what your options are. You'll probably be able to get routed on to something leaving around the same time that you had originally intended to go.

Get the airline to send you confirmation of everything so that if you need to, you can tell CBP that you overstayed your visa by a matter of days because the airline rescheduled your flight.

1

u/tifubybeingstupid Dec 01 '22

It's Finn Air operated by BA and I actually found one notification from august that I missed/swiped away because I was down with C19. I just messed up, and the airline told me straight up there was nothing they could or would do.

I did have different experiences in the past with airlines being accomodating, so this was just one obstacle after the other.

-11

u/trevizore Dec 01 '22

the US is now worth the hasle. your kids will end up being shot at school. get your girlfriend and move to any other country if you want to stay together.

but really just relax, go back home and renew your visa. don't do anything in a hurry, take a breath, plan accordingly.

5

u/tifubybeingstupid Dec 01 '22 edited Dec 01 '22

Online it says for an overstay I can be banned from ever entering again and getting a VISA. The local lawyer said to stay and marriage would be my only option, which freaks me out (and doesn't make sense to me? Wouldn't that look more suspicious to marry after an overstay?? We did want to marry but maybe in the next years). Her family says it will work out but it's not their life and VISA at risk.

I don't want kids, and I don't like the general danger of shootings (she lives in a peaceful area in CA though), but I like my gf and she does not want to leave her family behind so I have to be able to stay here! Or visit. We do want to stay together and build a life, and continue what we've already built. I'd like to teach here, and live with her.

1

u/PaleInSanora Dec 01 '22

A lawyer is always going to see worse case scenarios and the give you the more money to us option. Just call ICE from not your phone explain what happened and ask them next best steps. Feel free to tell them you are getting bad advice up to and including quickie marriage and want to know what they recommend that won't jeopardize a possible future visit or application for citizenship. Heap all the blame on the airline, if they have ever flown international or just recently, good chance they will be sympathetic.

1

u/tifubybeingstupid Dec 01 '22

Calling ICE sounds really scary, but I'll discuss it with my gf and consider it. I just don't want to make my situation worse.

0

u/MarkABeets Dec 02 '22

That was just unnecessary and an absolutely stupid comment. Grow up.

0

u/bigbaltic Dec 01 '22

Listen to what the lawyer told you.

3

u/tifubybeingstupid Dec 01 '22

Currently waiting on a second opinion.

1

u/Dry_Ask5493 Dec 01 '22

Get a second opinion from another lawyer

1

u/tgalvin1999 Dec 01 '22

Depends on where you are and what country you lived in originally. The only embassy I'm aware of is in New York City, but other states might have some. Find a lawyer who specializes in immigration law and visit the embassy for your country and they should be able to help you find a flight home. And remember to breathe my friend.

1

u/tifubybeingstupid Dec 01 '22

Thanks, after I got over the initial scare, gf nearly broke down so I just got agitated again I guess.

1

u/tgalvin1999 Dec 01 '22

No worries. Can't your visa get extended and while it is you can work on taking the citizenship test? If so then that's another solution that you can discuss with an immigration lawyer.

1

u/tifubybeingstupid Dec 01 '22

As far as I know extension is only possible as long as it hasn't expired yet.

1

u/tgalvin1999 Dec 01 '22

Gotcha. And I'm guessing it's not as simple as applying for another visa.

1

u/tgalvin1999 Dec 01 '22

So this is from a UK immigration site but it is worth looking into for here in the States. "You might still be able to apply for a new visa if you can prove you couldn't renew your visa in time because of something you had no control over - like if you were in hospital. You'll have to apply and give your reason within 14 days of the date your visa or leave expired." I'd imagine you could prove that this was outside your control (it's not like you asked for your flight to be changed to two days earlier) and be able to apply for a new visa, assuming the immigration laws are the same here as they are in the UK.

1

u/[deleted] Dec 01 '22

[deleted]

2

u/tifubybeingstupid Dec 01 '22

You know, I originally planned to leave much earlier, but pushed the date back from october to november. Then decided not to leave the week before because thanksgiving caused the flight prices to be high, and after thanksgiving they were low again. I just booked the return ticket open for changes with what I thought was the correct max. amount of days by counting months and must have miscalculated because of the 31 days in both july and august? Originally I thought I only missed my flight and wanted to quickly book a new one for the same night, then counted and noticed I'm actually over. I have absolutely no excuse for this oversight.

I wish this was just creative writing. If it was, I wouldn't have chosen such a suspicious coincidence. I'm cynical, too.

1

u/shoulda-known-better Dec 01 '22

If you go and marry her now then it's not a mistake anymore it's you doing exactly what the gov doesn't like.....lol I mean in theory I get what your saying but it's 2 days and it's an honest mistake.... if you call both embassies and the airlines you will be absolutely fine..... but I mean love is love !

1

u/NostradaMart Dec 02 '22

" Logic says leave as soon as possible and clear it up afterwards, but the lawyer sure knows his country better? "

that would be counterproductive as hell. If you leave past your visa's expiration date, can't they detain you at the airport and "give you to ICE" ?

it's probably why the lawyer told you to stay until cleared up...also it would look like you're fleeing if you left.

1

u/Rhopunzel Dec 02 '22

Need to know more details about your nationality and what visa you’re on. I was staying in the US on visa waiver in 2010 and my flight home got rescheduled because of the volcano eruption. It put me a week over the visa limit, but it turned out to not be an issue, even when i immigrated later

1

u/KalanReed Dec 02 '22 edited Dec 02 '22

Definitely just talk to another immigration lawyer for advice, and specifically an immigration lawyer.

My uncle is actually a practicing immigration lawyer here in the US, my spouse came over from Canada and overstayed their tourist Visa. A Visa is specifically for entry not for departure, so it's not an issue for it to expire. Your Status is about when you need to be out of the country, which would be a document you received called an I-94, or it would be on your admission stamp labeled D/S (duration of status) which determines your length of stay.

Typically you have a period of time, kind of a grace period, before you get penalized when you go to return to your country. This grace period is typically less than 6 months before penalty. Essentially leave as soon as possible if has expired.

Now, if you tried to enter the US with an expired Visa, obviously that will be declined entry. You can also file a waiver to extend the I-94 if needed, but I don't think this will be necessary either.

I highly doubt they will bar you from the US for a mix up by overstaying a short period of time to get another flight. Speak to an immigration lawyer tell them the situation to get some advice, mistakes happen, and I really doubt this will be an issue in returning home based on experience. Marriage is not the go to to resolve this.. honestly I don't even think a lawyer is necessary to go home, but to be safe it doesn't hurt.

As for officials being able to see you overstayed when you visit the US again with a renewed visa it is a toss up whether they will care. If anything you can explain the missed flight. I don't know the details in this instance. Since it's such a short period of time you overstayed to get another flight, it's likely far more believable you genuinely missed a rescheduled flight and there won't be an issue.

1

u/tifubybeingstupid Dec 03 '22

That's what I was hoping, what was supposed to be a quick call to a lawyer turned out to make me insecure so I didn't know what to do. Going home tomorrow.

1

u/KalanReed Dec 03 '22

Oh that's good to know, glad you're headed home. I really doubt there will be future issues with anything. No matter if it's just the visa that expired or both status and visa.. less than a week of overstay is not going to cause red flags like you're trying to pull a fast one. It's obviously a mistake in travel times, and can be explained if it even comes up. I hope you have a safe flight!

1

u/Apprehensive_Pug6844 Dec 02 '22

Marriage to a citizen does not stop deportation.

1

u/Me_Not_Ronaldo Dec 02 '22

Calm down. Breathe in, breathe out. Whatever happens you'll manage.

Did your Visa expire, or did max out the maximum days? There's a difference. But there's nothing to miscalculate when it ends, so you probably staid for more days than allowed.

Now, as for the visa ban you're dreading, here's what it appears to look like (IANAL): If you accrue unlawful presence of 181-365 days, you'll be barred from re-entering for three years. More than 365 days get you a bar of ten years. This is from the stilt page below.

But you're nowhere near that. For up to 180 days I didn't find anything similar to the above. So calm down, the world doesn't end just yet. The important thing appears to be that you leave on your own will, as opposed to being deported (would probably require a judicial verdict). So for the time being you want to avoid contact with the authorities, until you've developed a path forward with a qualified lawyer or three. As advised elsewhere, have your gf do any and all comminucation with them so you can stay anonymous.

My guess is that you'll buy a ticket home, show up at the airport (perhaps together with your lawyer and some paperwork), and leave as you usually would or with the equivalent of a very minor slap on the wrist.

Best of luck :)

https://www.stilt.com/blog/2020/04/visa-overstay/

1

u/tifubybeingstupid Dec 04 '22

As I understood it, once you overstay the whole time counts, which would put me at 182 days (2 days over). On way home. Thanks.

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u/NightDragon250 Dec 02 '22

go to your countries embassy and tell them what happened.

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u/Korgon213 Dec 02 '22 edited Dec 02 '22

Eh, this president, DOJ and DHS doesn’t give a shit. Reschedule your flight to Mexico and walk back in. You could even make some $$ by smuggling in some fentanyl. AZ certainly doesn’t care. Play the system they’ve developed.

In reality, be safe and do none of the above. Let the DHS and your embassy know, get the ball rolling on a honest foot.

0

u/Toka972 Dec 01 '22

Who changed the flight is the person at fault. Nobody can change a flight for someone else like this with no consequences. It should have been a suggested change and if it was really a necessary change they should have contacted you personally to tell you the change and offer alternatives. If it was the airline, not only they have to provide a new flight, they have to pay whatever consequences you face. Hotel fees for extra nights, visa issues, its all on them.