I just had couple of questions about the issue that i ran into weeks ago.I was married in February, 2003 and got my permanent resident card in march 2005(10 years) and got divorced on December 2005 .I got married again in December, 2006. My wife is Canadian citizen and she was coming here back and forth for a while, i was just waiting to become citizen because i still have another year and half to become one and i know it takes really long time if i try to submit I-130 right now. In the mean time my wife was staying here 4 to 5 months and going back to Canada and stay there for a week and come back. We were under impression that as long as she stays less then 6 months it wouldn't be any problems until we found out when we were coming back from Canada, they stopped my wife at customs because she overstayed in USA. Customs have given an application of withdrawal and advised her to stay in Canada until I submit the I-130.It has been 3 months now. If she tries to come after 6 months for visit will it be a problem? is there any bar or anything for her to come to us? Thank you for your help in advance.
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Canadian and US green Card holder
- Thread starter havatampa
- Start date
I just had couple of questions about the issue that i ran into weeks ago.I was married in February, 2003 and got my permanent resident card in march 2005(10 years) and got divorced on December 2005 .I got married again in December, 2006. My wife is Canadian citizen and she was coming here back and forth for a while, i was just waiting to become citizen because i still have another year and half to become one and i know it takes really long time if i try to submit I-130 right now. In the mean time my wife was staying here 4 to 5 months and going back to Canada and stay there for a week and come back. We were under impression that as long as she stays less then 6 months it wouldn't be any problems until we found out when we were coming back from Canada, they stopped my wife at customs because she overstayed in USA. Customs have given an application of withdrawal and advised her to stay in Canada until I submit the I-130.It has been 3 months now. If she tries to come after 6 months for visit will it be a problem? is there any bar or anything for her to come to us? Thank you for your help in advance.
The visa waiver program (which is how your wife arrives without a visa), has a 90-day maximum stay. If she overstayed that timeframe, then she must be denied future entry on the VWP and would have to file for a tourist visa.
http://travel.state.gov/visa/temp/without/without_1990.html#vwp
However a tourist visa will be hard to get given her marriage to a US GC holder. Also, the required visa clause didn't seem to have an expiration.
You said all the stays were under 6 months, so she would have accrued no bars against future immigrant visa applications.
-ML
Am I missing anything? How would she benefit form Visa Waiver program? Does she have dual citizenship? How do you know she has one? havatampa left only 3 messages on this board, and none of them mentiones dual citizenship for his wife.
Did she use here Canadian passport to enter US or did dhe use her passport issued by a visa waiver country?
Did she use here Canadian passport to enter US or did dhe use her passport issued by a visa waiver country?
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That is wrong impression. She is allowed to stay up to 180 days only. That is several days shorter than 6 months.We were under impression that as long as she stays less then 6 months it wouldn't be any problems
So, at least once she stayed longer than 5 months, right? Almost 6 months?In the mean time my wife was staying here 4 to 5 months
Actually, I was wrong. It is, in fact, 6 months, not 180 days she could stay in the US.
Are you sure the reason was exactly that? Could it be that she was stopped because the pattern of her trips showed she used US as a place to live, not to visit?they stopped my wife at customs because she overstayed in USA
Maybe until she is issued an immigrant visa after I-130 is approved?Customs have given an application of withdrawal and advised her to stay in Canada until I submit the I-130
TheRealCanadian
Volunteer Moderator
Ravesky is correct. The OP's wife does not appear to be visiting the US.
On a side note, a Canadian visiting on a B without an I-94 is incapable of overstaying, but as we all see CBP can certainly refuse them entry in the future.
On a side note, a Canadian visiting on a B without an I-94 is incapable of overstaying, but as we all see CBP can certainly refuse them entry in the future.