Canadian Married to USA Citizen, Returning to Canada .... Needi

Discussion in 'All Other Matters Related to Canada' started by Janice1981, May 25, 2018.

  1. Janice1981

    Janice1981 New Member

    I came to the USA in Aug,2016 as a Visitor with no visa what so ever I got married in Jan of 2017 to a USA Citizen just before my 6 months ended it is now May.25th, 2018

    No Paperwork has been started to get me legal here as far as anything thats including Adjustment of Status or anything at all.

    My Dad is sick with Cancer and I would really like to go see him before anything worse happens to him.

    If I return to Canada will I be able to re-enter the USA being I'm legally married to a USA Citizen?

    If I can't return: How long would it be for?

    If he decides to file for divorce while I am back in Canada will i be bared from re-entering the USA?

    If I go back it would be via Greyhound as its the cheapest: What would I need to tell the Canadian Border once the bus stopped and we all had to get off and go through the border of my overstay?
  2. SusieQQQ

    SusieQQQ Well-Known Member

    180 days overstay is a 3 year bar
    365 days is a 10 year bar - seems this is what you have

    Just being married to a USC does not give you any right of entry and if I understand correctly if he filed for a spouse visa for you now while you are out the country you’d have to do consular processing, and also need to apply for a waiver for your ban...this would all probably end up taking at least a year and probably more because of the waiver process
    If you apply for adjustment of status now you couldn’t leave the US before you got advance parole (AP) and I believe that’s currently taking around 4 months. If you leave before then you’re deemed to have abandoned the adjustment application and puts you back in same situation as first scenario
    If your husband divorces while you are out the US you still have your ban but now no basis for a waiver, you’d just have to wait it out before returning to the US

    Why on earth has nothing been done re : legalizing your status yet?? At this stage unless you start adjustment now and can wait until you get AP before you go back to Canada, you’re kind of screwed in terms of coming back for at least a year, and possibly 10.
  3. newacct

    newacct Well-Known Member

    If the situation with your father is really urgent, you might try to apply for Emergency AP after you file your AOS, to try to get it faster than 4-5 months.
  4. Janice1981

    Janice1981 New Member

    Because it costs $1,200.00 for AOS (Adjustment of Status) thats hard to save up for on only his income where he has to pay Rent, All the bills, Grocerys such as Food, and everything else.

    As well as a total of $148.00 taken out weekly or $300.00 taken out his checks bi-weekly for something I will not mention which are not taxes at all.

    Acutally the total cost of it is $2,633.00 to get everything done in a year is unreasable which why the first two years is considered Temporary when married.

    Right now I'm going be honest and say my marriage is in jeporady but I am trying to fix it and I'm staying at a place that can possibly help me get back to Canada

    Or I can go to another place while still legally married to a USA Citizen and they can help me with Sponorship as there a company and could sponor me as there worker the only problem with that is I would be doing whats called "Barter Work" and the house needs a whole lot done to it as I have already seen the inside of it.
  5. Janice1981

    Janice1981 New Member

    Let me give you a little more back story here:

    I came to the USA as a Visitor before I even meet my husband in Real Life in person ........ I do not need a Visa or anything to cross the USA Border since I am a Canadian Citizen all I needed was a Passport which I still have.

    I came down as my Grandma was going get married and I was going to go to her wedding which I told the Border Patrol was my reason for coming down here.

    The same day I crossed the USA Border my Grandma's Wedding was canceled it was at least 8 hours after I crossed the Border so I'm already in where I was to meet my Grandpa and get a ride the rest the way to the Wedding.

    I had asked him to meet me in the same state as my Boyfriend (Now Husband) so I could go meet him in person as I had been having an online realtionship with so I asked the Driver who I got a ride with to take me to the town my Boyfriend (Now Husband) is in.

    We met in person, We fell in love and we got married 1 month before my 6 months was up and I had talked to a Immagration Lawyer via face to face asking "if I could get married here as a Visitor?" she told me "Yes"
  6. SusieQQQ

    SusieQQQ Well-Known Member

    I don’t see anything in the background that changes the story
    Of course you can get married here as a visitor, Vegas does a roaring trade in that, that doesn’t mean you get any immigration benefit
    You didn’t do anything about legalizing your status here according to what you said before?
    I think you totally got your wires crossed about the first two yeats of marriage, it’s “conditional” status not temporary, and that assumes you have already filed for status\ have a conditional green card. It doesn’t allow you to stay illegally for two years.
    Perhaps you should contact an immigration lawyer so he or she can explain it better to you
  7. Jbuff

    Jbuff Member

    As susieqqq said
    Get an inmigration lawyer, nothing when it comes to immigration/legal stuff is cheap Its going to cost you either way

    Ive known people in america that couldnt go back home to bury their dead parents because they were illegal at the time and if they left the states all the years they spent over here would have been for nothing. Its a hard decision,but one only you can make.

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