Canadian Citizen Married to USA Citizen, Returning to USA Questions

Discussion in 'Family Based Green Card -Through Marriage/Relative' started by CrizzyJackson, Jun 12, 2018.

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  1. CrizzyJackson

    CrizzyJackson New Member

    Well here is my story: I went to the USA in September, 2016 I traveled by land I told the USA Border I was going to a friends wedding which i attended I then went to meet a boyfriend I had been seeing online for quite sometime feel in love with him talked to a lawyer asking if I could get married as a Visitor as I didn't enter with anything other then my Canadian Passport they told me yes

    We got married at 5 months ....1 month before my 6 months ran out I went back to the same lawyer asking If I could stay in the USA while we worked on my Immagration and was told that I could cause I was known as an "Immedate Realtive" to a USA Citizen by marriage

    I got news that my dad got Cancer and went back to Canada by land I have now been back in Canada almost a week and checked the I-94 website for the Arrival & Depature Record and the only thing that appears is the "Arrival" record nothing about a Depature Record

    So I was wondering if my husband would need to apply for the waiver that costs $940.00 that isn't garanteed to get approved or if I would be able to go back to the USA since there is no depature record?
     
  2. SusieQQQ

    SusieQQQ Well-Known Member

    Can you clarify your timeline? Sept 2016 was nearly 2 years ago. Is the 5-month mark you mention 5 months after that? When did you file? If back then one would have expected you’d have a green card by now.
    What exact stage of the process are you at?
    Did you apply for advance parole and if so did you receive it before you left the US?

    What specific waiver do you mean?

    (Also as I understand the border information sharing agreement between the US and Canada, your entry into Canada will serve as the exit date for the US. Someone may correct me on this if incorrect.)
     
  3. CrizzyJackson

    CrizzyJackson New Member

    I went to the USA in September 2016

    I got married to a USA Citizen in Janurary 2017

    My 6 months was up in Feburary 2017

    I came back to Canada in June 2018

    Nothing was ever filed as regarding any paperwork what so ever including AOS or anything at all.

    I had gotten the paperwork filled it out but nothing was ever filed cause the costs of it.
     
  4. SusieQQQ

    SusieQQQ Well-Known Member

    So right now all you’ve done is overstay? Then your only option is to get your husband to file for a spouse visa for you and wait in Canada till you get a visa appointment. That’ll probably take around a year. They won’t let you back in at the border with an overstay. And you will have a ban but the waiver for that can only be filed after your visa interview.
     
  5. SusieQQQ

    SusieQQQ Well-Known Member

  6. CrizzyJackson

    CrizzyJackson New Member

    Yes all I have done is overstay ............. My USA Citizen Husband has been out of work for 1 month now is there anyway I can do the Visa on my side or does it have to be him? And what one would he apply for?

    As far as the other link you shared

    No if you look that person quotes August they came to the USA if that was true the 6 months would been up in Janurary, 2017 depending on the date that person arrived my 6 months was up in February, 2017 there is a difference it might only be a month but there is a difference.

    A lot of Canadians go to the USA for travel. visit family, get married in Vegas, etc

    As far the Cancer goes who knows on that side but its just as much as an epedemic in Canada as it is in USA ........ Both my grandparents died of Cancer on my mom's side and on my dad's side so you can see why I wanted to come back
     
  7. newacct

    newacct Well-Known Member

    Hmm, you probably have a 10-year ban, if you accrued more than 1 year of "unlawful presence" and then left the US. If you had filed AOS, you would not have accrued "unlawful presence" while AOS was pending, but you didn't.

    "Unlawful presence" starts accruing when you stay past the date on your I-94. Some Canadian visitors entering by land in the past did not get I-94s, though I think now they pretty much all get them (paper or electronic). (If you were a Canadian visitor who somehow didn't get a paper or electronic I-94, then you do not start accruing "unlawful presence".) If you were able to find your arrival on the CBP I-94 site, then I think that pretty much means you got an I-94.

    So now you will need an immigrant waiver for this ban in order to immigrate to the US, which requires that you show that there will be "extreme hardship" to your spouse or parent who is a US citizen or permanent resident (probably the only qualifying relative you have is your USC spouse).
     
    SusieQQQ likes this.
  8. SusieQQQ

    SusieQQQ Well-Known Member

    Yeah one month difference, but weirdly everything else is exactly the same! came for a wedding, met online boyfriend, married just before the 6 months was up, no filing for AOS, cost is the reason for that, spoke to lawyer who said the same things, went back to Canada for sick father and now stuck there, what a coincidence that two different people in such a short time have identical stories, anyway obviously all the same answers apply in your case as in the other thread
    Bottom line you have at least a year in Canada, your husband applies for a spouse visa and files I30 for you then you wait for a visa interview
     
    1AurCitizen likes this.

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