Best bet is to renew your paper work first. If you waited to long and you could not do that then you would have to wait. Wait until your paper work is in order. I mean you can try, but someone is going to ask if you have your card and they will run your name.. and WILL deport you. First experience, I know.. Hope I helped
Yes you did overstay.
No - not if you are a European citizen. If you are American/Canadian you also do not need one if you have signed the Visa Waiver
this is the scenario: my wife is currently a permanent resident. We got married in Italy AFTER she got her green card . We decided not to file a petition on my behalf as that would put me on a long waiting list. We are now in the process of going to the US to accrue physical presence and get her citizenship. If I go to the US with her on a visa waiver program and overstay for about 3 years waiting for her to become a citizen, will I be able to adjust status WITHOUT leaving the US?
you can marry him in Spain or in the US then he can be in America
That depends on how long you've overstayed. Overstaying by more than 6 months subjects you to an unlawful presence charge and puts you into the grounds of inadmissibility. If that's the case then you're looking of a ban from 3-5 years depending on the length of your overstay. If you've overstayed less than 6 months then I advise that you leave NOW and have your chosen petition for a K-1 visa for you. Regardless of how long you've been here, I suggest you exit the US NOW, before you're deported. You probably can get a waiver for a simple overstay if you have no criminal history, but if you're deported, then you'll throw yourself into a much larger mess.
If:you are entering only to visit,are a Greek Citizen,do not have any criminal convictions inside or outside the United States,have not been previously deported or overstayed a visa in the United States (or other country),can prove your intention to return (return ticket and itinerary),then you do not need a visa under the Visa Waiver Program.For other member-countries of the Visa Waiver Program along with information on qualifying under it, see the US Department of State's site on the subject:http://travel.state.gov/visa/temp/types/types_1262.html#2
If:you are entering only to visit,are a Greek Citizen,do not have any criminal convictions inside or outside the United States,have not been previously deported or overstayed a visa in the United States (or other country),can prove your intention to return (return ticket and itinerary),then you do not need a visa under the Visa Waiver Program.For other member-countries of the Visa Waiver Program along with information on qualifying under it, see the US Department of State's site on the subject:http://travel.state.gov/visa/temp/types/types_1262.html#2
Any British citizen can enter the US on the Visa waiver program for 3 months as a tourist only--working is not allowed.
you can use either since there is a visa waiver program with UK, the problem is that if you enter with the british passport you will be treated as an alien, and you will have to leave the country as a british citizen even if you hold an American citizenship, i know that it doesnt make much sense, but that's how things are, in case of doubt check with the American embassy ANSWER: If you are an American Citizen you are required to enter and leave the US on your American Passport, regardless of other citizenships or passports you may hold.
In this case you should file Form I-601 in order to seek a waiver of certain grounds of inadmissibility.If you care able to support your case with enough evidences and proof you may get a waiver and US citizen can petition if your case is cleared.Such cases legal help may be more helpful.
You are referring to an I-601 waiver due to overstay (10 year bar from entry into the U.S.). They are very difficult to get, as you must show extreme hardship to a citizen spouse/parent.
No need for a visa, as the UK is a participant in the Visa Waiver Program.