Extension of stay or depart and return?

[sunshine87]

I am a Canadian citizen married to an American. We are currently going through the process of sponsoring him to Canada, but since he cannot legally work, he is still in the US until he can land in Canada. We decided that I would visit him in Arizona for 6 months while we wait. But I was held up at the border because I wasn't able to show strong enough ties to Canada (don't own a home). Instead of being granted 6 months of stay like usual, the agent issued me an I-94 with a departure date of October 12, 2012.. just 6 weeks. She was convinced that because my destination is Arizona, the highest illegal immigrant population, that I would attempt to stay and work. That's not the case at all. I just want to be together with my husband while we wait for his immigration papers to go through.

I'm not sure if applying for an extension is even an option for me, since my entire length of stay is only 45 days. It may just be easier to fly home to Canada and attempt to return to the US with proof of stronger ties. I'm wondering what the best option is? And will having a previous departure record on my file mean that it's likely that I'll receive another one for a short amount of time again? Any advice?

 

[Triple Citizen]

I would advise NOT to apply for an extension of stay. That will only solidify the suspicion of the POE officer that granted to a 6 week entry. How your next entry attempt goes will depend on the officer you encounter.

I'm not sure if applying for an extension is even an option for me, since my entire length of stay is only 45 days. It may just be easier to fly home to Canada and attempt to return to the US with proof of stronger ties. I'm wondering what the best option is? And will having a previous departure record on my file mean that it's likely that I'll receive another one for a short amount of time again? Any advice?

 

[sunshine87]

I would advise apply for an extension of stay. That will only solidify the suspicion of the POE officer that granted to a 6 week entry. How your next entry attempt goes will depend on the officer you encounter.

I really appreciate your reply. My husband contacted a lawyer who also suggested to apply for an extension. I'm just wondering how likely it is that I'd be granted an extension. Or perhaps a better question is, how often are people denied an extension. Would my reason of wanting to stay and visit my husband and in-laws longer be good enough? And one more question... would a denied extension effect my attempts to re-enter the US at a future date? Are border agents able to access that information?

 

[Triple Citizen]

Actually I wanted to stay, DO NOT apply for an extension.

I really appreciate your reply. My husband contacted a lawyer who also suggested to apply for an extension. I'm just wondering how likely it is that I'd be granted an extension. Or perhaps a better question is, how often are people denied an extension. Would my reason of wanting to stay and visit my husband and in-laws longer be good enough? And one more question... would a denied extension effect my attempts to re-enter the US at a future date? Are border agents able to access that information?