Glenwood Landing, NY Immigration Law Firms & Lawyers

The confusion lies in that the E3 is not a dual intent visa as the H1B or L1A are. However, applicants need to attest that they intend to depart when their status terminates. A statement is usually enough unless they have clear intentions showing the opposite. But there is case law stating that the expression of a desire to remain in the US permanently as opposed to intending to remain even if legally not permitted, is permissible on an E visa. In other words, wanting to remain permanently is okay as long as one is willing to leave if this is not permitted by law. Thus, you should be able to file for your green card on the E3. Make sure you work with a qualified immigration attorney. My firm handles such cases.

You may marry, of course, but your application for change of status will be denied: since your last legal status expired 5 months ago, you do not have a status that can be changed. I would advise you to leave the U.S. before the 180th day from the expiration of your F1 status. If you leave now, you might be able to come back on an H4 or another visa - if you convince the U.S. consul in your country that your overstay was excusable. However, if you accrue 180 days or more of overstay, you will be barred for 3 years from re-entering the U.S. on any visa; after 1 year of overstay, you will be barred for 10 years.