Am I in trouble?

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chaimdan

Registered Users (C)
Am I in trouble? (Canadian border problems)

Hi Guys,

I wrote a week ago regarding my situation, in short I am Canadian who married an american 6 months ago and I've been in and out of the US a few times over the past 6 months (twice travelled overseas for two weeks breaks with my wife)... my status in the US was as a visitor and I therefor didn't need a visa. When I entered I always entered alone and therefor was not a problem that I am married... etc... (also since my wife is American she has to stand in a seperate line) I also wasn't 100% sure I wanted to stay here, so I never applied for a green card... I finally decided to apply but before I did I went to Canada this past weekend for a visit.... this is where the problem began....

This time as I reentered the US I was pulled over because they were suspicious why I was in and out of the US so much (they thought I might be working here - which I am not)... I stuck to my story saying that I am coming to visit friends and family for 6-7 days, I didn't want to mention I was married and I am visiting with my wife, because I heard that makes things a lot more difficult. They looked in my wallet saw all cards were canadian (because I don't work here, I am just studying online etc...) then did finger prints and took a photo... by miracle they finally let me go...

Thing is I think they may have put in the computer that I was intending to stay for only 6 days... I didn't make mention of the fact my wife was flying with me and was in the US line.... They didn't notice that. Normally Canadians don't have time restrictions when coming in to the US, but this time I am worried it's different.

So basically what I need to know is, am I still able to apply now from within the US for a green card or is that risky? if it's a problem, is there a chance a lawyer would be able to help out? Any other tips or ideas are greatly appreciated... I was really hoping to work this thing out this week, but now this thing is all twisted, I'm not quite sure what to do.

Maybe if next time I cross into Canada if I do so by car, maybe they don't register my leaving the US, and therefor won't know I overstayed?! anyone know anything about this?

This is my previous post regarding my situation (before I traveled)
http://www.immigrationportal.com/showthread.php?t=199572

Thanks a lot!
 
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I spoke to a lawyer today, and she said that as long as when I entered they didn't ask me if I was married (and I didn't lie) then I shouldn't have a problem applying for a green card....

She did say however that there is a law that a person visiting the US is not allowed to apply for a Green Card within 60 days of his arrival into the US...

I'm going to try a different lawyer tomorrow. If anyone thinks some of this information might be wrong, please let me know. Thanks
 
that is might be true but in your case you are Canadian,, you might have an exception. They usually are easier to Canadian. But still go ask for the second opinion
 
chaimdan said:
She did say however that there is a law that a person visiting the US is not allowed to apply for a Green Card within 60 days of his arrival into the US...
Click to expand...

I'd be curious to see that law, I've never heard of it. She might be referring to immigrant intent. I think this is the lawyer's interpretation of how to get around the immigrant intent clause while in B1/B2 status.
 
Your lawyer is right, there is a law stating that issue Here is what I got:

If you are on a tourist visa, do not marry someone whom you just met within a week or two. This will be considered as a fraud. You have to wait. There is a 30/60 day rule about entering on a tourist visa and marriage. You can read it here - http://foia.state.gov/masterdocs/09fam/0940063N.pdf 1 Applying 30/60 dat rule When Alien Violates Status. just scroll down a little bit when you click on that pdf file


But again, I know Canadian doesn't need a tourist visa so it may not apply to you
 
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Thanks MikeW for the post.... I haven't yet read it, will do so after work.

I just spoke to another lawyer however who said that waiting the 60 days only applies for work Green Cards not family... So maybe I can apply after all right away?!

Also does anyone suggest using a lawyer over doing it myself? I'm sure it's a little easier, but is it really necessary?
 
Marriage is included. It starts on page 5 of the PDF.
Thanks!


9 FAM 40.63 N4.7-1 Applying 30/60 Day Rule When Alien Violates Status (TL:VISA-313; 08-27-2001)

a. The consular officer should apply the 30/60-day rule if an alien states on his or her application for a B-2 visa, or informs an immigration of-ficer at the port of entry, that the purpose of his or her visit is tourism, or to visit relatives, etc., and then violates such status by:

(1) Actively seeking unauthorized employment and, subsequently, be-comes engaged in such employment;

(2) Enrolling in a program of academic study without the benefit of the appropriate change of status;

(3) Marrying and takes up permanent residence, or

(4) Undertakes any other activity for which a change of status or an ad-justment of status would be required, without the benefit of such a change or adjustment.
 
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I called a second lawyer who said this doesn't apply. I'm not sure why.

Maybe it's because I am married already (6 months earlier in the US), or because I entered without any visa.... I don't know, I just hope the lawyer is right.
 
Chaimdan, do you live here in US or in canada? The reason I asked is because it's probably easier for u if you live here in US and apply your GC. I am not sure about how you going across between Canada & US because like I said before Canadian has a different rule so it's not like you need a visa to come here to US. So the intent of marriage for PR doesn't really apply to you.
 
Just when I thought things were getting easier.... They're not!

Turns out the immigration officer at Toronto airport (which is where you clear US customs prior to boarding) forgot to stamp my passport.... so now I dont know what to write, do I write I entered on Jan 2nd (even though my passport doesn't show a stamp) or do I write I entered on my last stam which is from 2 months ago....

PRoblem is that when I entered on Jan 2nd, they took my fingerprint and picture, so they can probably see that if they look it up...

What do I do now?! I doubt anyone would have gone through this same problem...
 
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