I came here on student visa. But due to financial problems I became out of status.
Its been almost two years. If I go back to my country will they apply 3 yr to to 10 yr bar on me if I wants to come back by marrying my girlfriend who is gonna be citizen next year?
If you leave the 10 year bar will apply. If you are considering marrying someone who will be a us citizen in one year, you would be very foolish to leave the us before marrying and obtaining a green card. It would be a good idea for you and your girlfriend to meet with a lawyer so you both understand your options and the risks involved.
If you are an "overstay", you should be able to adjust status to Lawful Permanent Resident (LPR) once you marry a U.S. citizen. If you leave, you will likely be barred from returning to the U.S. for 10 years unless you obtain a waiver. You should therefore not leave now based upon the facts that you have provided.
However, before you take any action, you should consult an immigration lawyer. Do this as soon as possible. There is much more to our profession than filling out forms. We can (and do) advise foreign nationals about the pitfalls associated with applications. There is a lot of analysis that occurs behind the scenes. Get a lawyer and do it right the first time. Repeating anything in the world of immigration is on a time scale of months or years. As a result, it can easily cost you more time and money to obtain an immigration benefit on your own than if you use an attorney. Plus, keep in mind that there are significant “opportunity costs” as well. (A good example is where someone has to re-submit a work permit application and wait a few additional months before working).
If you appreciate the time spent preparing this answer, kindly consider marking it BEST ANSWER or HELPFUL. Good luck to you.
Dean P. Murray
The Murray Law Firm
560 Sylvan Avenue
Englewood Cliffs, NJ 07632
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