Canadian returning to Canada after overstaying in USA

1canuk

Registered Users (C)
#1
I am looking for some help, wondering which is the best way to return to Canada. A bit of history...
2008-came to USA after marrying a US citizen. Had a visa, she sponsored me.
2010-separated from her, visa expired...she would not sign permanent resident papers, was told I need to go back to Canada, which I did, for 3 months getting my D/L, ohip in order.
later in 2010-came back to US., no trouble, pretty much waived me thru, did not stamp passport. The reason I came back was that I still needed to get divorced, and she was in the matrimonial home, and we needed to sell the house, etc., and I needed the money to get another house in Canada.
So, now 2014, everything is taken care of. I've bought a car down here, have US plates on it, and all my stuff is still in storage.
I'd like to go back, and again....get my things sorted out, D/L and ohip, but am not sure the best route to go. Would I be better off flying back, hoping to get home under the radar, then drive back down to get my stuff? Or should I just pack it all in a U-Haul, tow the car....and have to explain it all at the border?
When I first returned in 2010, I did not know I had to take all my belongings, so, it was just me and a suitcase. I told them at that time I would return at a later date to get my things.
I'm really confused, anxious, and don't know where to turn. ANY advice would be appreciated!
 
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del0175

Registered Users (C)
#2
So what kind of visa did you have? It seems that you must have had a conditional green card that was not renewed.

In any case, when you arrive in Canada by car or air, and go through Canadian immigration, obviously they will let you in as a Canadian citizen (there could be some questioning) but the fact that you overstayed your visa will be shared with the US Immigration. So next time you want to travel to the USA, you will be denied entry and barred from entry for a number of years. By living illegally in the USA for years, you have basically made yourself ineligible to visit for a number of years. So your best option is to finally pack up and bring all your belongings because you may not be allowed back in for a while.
 

1canuk

Registered Users (C)
#3
I think it was a b-4 visa? I was trying to avoid the questioning, I guess. I have heard about the penalties. I have not worked down here, have not been a drain on public coffers. Was just hoping to increase my odds of not getting the 3rd degree. Also wondering what repercussions await in Canada? Like Ohip, rev. Canada, etc. Since I was not questioned when I came back down, I'm guessing all they have is my plate to go on, since they did not stamp my passport?
The main reason for being here was to get the divorce, and sell the house.....could not do that long distance without getting totally ruined, financially.
 
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newacct

Well-Known Member
#12
ok, well, no I don't have one.
Why does that matter?
I-94s are supposed to be handed in when you leave the U.S., so just because you don't have one now doesn't mean you didn't have one.

Anyway, it matters because if you didn't get an I-94, then you generally can't have accrued "unlawful presence", since that only starts when you exceed the date on an I-94. If you had no "unlawful presence", then you cannot have a ban from having too much unlawful presence.
 

1canuk

Registered Users (C)
#14
I guess all my options are gone. Does marriage in the US. have any benefits to a guy in my position? Currently have a girlfriend, but, unsure about marriage.
 
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