need advice

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majora87

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i need some advice for the situation i am in, i am from canada and am married to a us citizen we have been in a relationship for 5 years and got married last may and we have a child together born this february i have visited and left the states on numerous occasions without any issues, however this time i have overstayed my visitors status.

i came to the states on at the beginning of january and my six month stay would have ended at the end of june, i have been here for 10 months now and i am worried about what happens now, originally i wanted to file the i-130 while i was here within those six months but i did not have the money at the time to apply and pay for all the fees for the adjustment of status and sponsorship, i still don't have the money at the moment. i do not know if i can apply for a green card anymore according to the uscis website i cannot apply if i have overstayed my visit

i do not want to leave my daughter and not be able to return to see her i couldn't stand leaving her when i knew i had to it was to much for me to take at the time my wife was again pregnant but she lost the baby i couldn't leave her pregnant with a little one now i am worried about the concequences

i should finally add that i have always followed the rules and that my character and record are in good standing

so i have a few questions and would appreciate any advice

first is it still possible for me to apply or have some kind of hearing even though i overstayed i am still tight on cash my wife does not work and my benefits for parental leave is about gone so i will be out of cash soon.
i read that i could appeal if my leaving would cause hardship on the us citizen on the family i think i can file on hardship but i am not sure. if i was allowed to work i could support my wife, step daughter and daughter, my leaving would cause her to extend and rely on assitance from the state causing her hardship and causing the state hardship as well adding another 3 people to welfare.


second if i leave the states now will i be barred from entering the states again? i have read that you can be banned from 2- 10 years. i have thought of taking a greyhound bus and marking on my sheet that i have only been in the states a couple months but i do not know if it is wise to lie to border officials since there would be no record of me leaving the states in 2010 except for that one
the reason i am considering this is because my one friend said that they do not check on you unless they think you have done something wrong as long as you answered there questions promptly and show what your intentions are, so it is a small hope that this would go under the radar but then i am leaving it up completly to chance

so please any advice on what i should do, i want to fix this as best i can without being barred from the us i know i could just leave but my worry would be being able to come back
 
I don't think you can adjust status with a overstay in US since you did not came to US with a I-94 or inspection.
 
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majora87 said:
i need some advice for the situation i am in, i am from canada and am married to a us citizen we have been in a relationship for 5 years and got married last may and we have a child together born this february i have visited and left the states on numerous occasions without any issues, however this time i have overstayed my visitors status.

i came to the states on at the beginning of january and my six month stay would have ended at the end of june, i have been here for 10 months now and i am worried about what happens now, originally i wanted to file the i-130 while i was here within those six months but i did not have the money at the time to apply and pay for all the fees for the adjustment of status and sponsorship, i still don't have the money at the moment. i do not know if i can apply for a green card anymore according to the uscis website i cannot apply if i have overstayed my visit

i do not want to leave my daughter and not be able to return to see her i couldn't stand leaving her when i knew i had to it was to much for me to take at the time my wife was again pregnant but she lost the baby i couldn't leave her pregnant with a little one now i am worried about the concequences

i should finally add that i have always followed the rules and that my character and record are in good standing

so i have a few questions and would appreciate any advice

first is it still possible for me to apply or have some kind of hearing even though i overstayed i am still tight on cash my wife does not work and my benefits for parental leave is about gone so i will be out of cash soon.
i read that i could appeal if my leaving would cause hardship on the us citizen on the family i think i can file on hardship but i am not sure. if i was allowed to work i could support my wife, step daughter and daughter, my leaving would cause her to extend and rely on assitance from the state causing her hardship and causing the state hardship as well adding another 3 people to welfare.


second if i leave the states now will i be barred from entering the states again? i have read that you can be banned from 2- 10 years. i have thought of taking a greyhound bus and marking on my sheet that i have only been in the states a couple months but i do not know if it is wise to lie to border officials since there would be no record of me leaving the states in 2010 except for that one
the reason i am considering this is because my one friend said that they do not check on you unless they think you have done something wrong as long as you answered there questions promptly and show what your intentions are, so it is a small hope that this would go under the radar but then i am leaving it up completly to chance

so please any advice on what i should do, i want to fix this as best i can without being barred from the us i know i could just leave but my worry would be being able to come back
Click to expand...

First off, relax! Second, DON'T LEAVE THE COUNTRY NOW UNTIL YOU FILE FOR YOUR RESIDENCY!!! You don't need a hearing for your overstay. Don't open up an investigation into yourself with USCIS. You don't want to alert them to anything until you are ready to apply for your residency. As a Canadian you don't need an I-94, you entered as a visitor. You are married to a US citizen. File an I-130, I-485, I-765. An overstay will have no bearing being maried to a US citizen, nor will any illegal employment.
 
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First off, relax! Second, DON'T LEAVE THE COUNTRY NOW UNTIL YOU FILE FOR YOUR RESIDENCY!!!As a Canadian you don't need an I-94. You are married to a US citizen. File an I-130, and I-485. You will be fine even with an overstay[/QUOTE]
 
trialanderror83 said:
You are wrong. Canadians don't need an I-94. He entered as a visitor.
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I know canadians don't need a I-94, a 10 year old knows that but in order for the overstay to be forgiven, you should have entered the US with inspection as far as my information is concerned, Maybe REALCANADIAN or other guru's will shed some light on this. Until than you should hold your horses.
 
namecheckvictim said:
I know canadians don't need a I-94, a 10 year old knows that but in order for the overstay to be forgiven, you should have entered the US with inspection as far as my information is concerned, Maybe REALCANADIAN or other guru's will shed some light on this. Until than you should hold your horses.
Click to expand...

Just because no I-94 was issued doesn't mean that the alien was not inspected. In fact, the presumption is that a Canadian in the US without an I-94 was legally inspected and admitted at a POE, and a simple affidavit stating this should suffice.
 
thank you all for the advice i did stumble onto another answer just by researching on the uscis website.

apparently the most that i would be asked for in terms of overstaying my visit is form I-601 waiver for grounds of inadmissibility, i still had problems fully understanding it so that form might only apply to people who have left the states after overstaying and then needed to come back

i should also mention that yes i was inspected i flew in from toronto, i have no reason for entering the states without inspection, all a canadian needs to visit the states is a passport and before 9/11 we didn't even need that

my only issue is that i meant to apply for the visa earlier and i was worried an overstay would jepordize that, getting all the money together is still an issue but i will find a way. i was worried that staying here longer might cause more problems
 
TheRealCanadian said:
Just because no I-94 was issued doesn't mean that the alien was not inspected. In fact, the presumption is that a Canadian in the US without an I-94 was legally inspected and admitted at a POE, and a simple affidavit stating this should suffice.
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Prove he didn't enter with inspection..........

How many Canadians do you know are in the US on vacation with an I-94?? I never was issued one, so does that mean I entered without inspection. Even if you were to sneek across the US/Canadian border the INS wouldn't know anyhow. I have entered both US/Canada by land, and they never have scaned either passport, especially before the new "passport requirement". Hell I used to wave my DL at the border, than get told to move on with about 5 words from the agent.

TRC,That's the presumption because it's usually correct. Canadians, unlike Mexicans, can come across anytime without a visa so why would they have to sneek in. The burden is on USCIS to prove he wasn't inspected; however, he entered with inspection and that's not the problem here.
 
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majora87 said:
thank you all for the advice i did stumble onto another answer just by researching on the uscis website.

apparently the most that i would be asked for in terms of overstaying my visit is form I-601 waiver for grounds of inadmissibility, i still had problems fully understanding it so that form might only apply to people who have left the states after overstaying and then needed to come back

i should also mention that yes i was inspected i flew in from toronto, i have no reason for entering the states without inspection, all a canadian needs to visit the states is a passport and before 9/11 we didn't even need that

my only issue is that i meant to apply for the visa earlier and i was worried an overstay would jepordize that, getting all the money together is still an issue but i will find a way. i was worried that staying here longer might cause more problems
Click to expand...

How do you know you overstayed you visitor status? Did the agent at the border stamp your passport, or give you a specific date in which you must leave the country?

Again, you don't need to apply for a visitor visa, you are Canadian and you don't need one.

You are married to a US citizen, you don't need a waiver for your "overstay". To be safe, don't leave the US untill you have you green card (That's even debatable.) My parents have stayed in Florida for 8 months every year for 20 years with no problems re-entering the following year. Keep out of trouble, and when you have the money to apply just apply for your green card through marriage to a US citizen......

Crap apply for a credit card, and use that to apply for your green card and pay it back later. You will have your a work permit in 1-2 months, and a GC in about 4 months after submitting the application so you will than be able to work and pay it back.
 
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namecheckvictim said:
I know canadians don't need a I-94, a 10 year old knows that but in order for the overstay to be forgiven, you should have entered the US with inspection as far as my information is concerned, Maybe REALCANADIAN or other guru's will shed some light on this. Until than you should hold your horses.
Click to expand...

Exactly how much time is an overstay for Canadians?? Do you know??

Even if he entered without inspection how do you think USCIS could prove it without an I-94 issued in his passport?? I know, maybe they will summons every border patrol agent from NY and ask them if they recall his face from the 1,000,000 who come across.

He entered with inspection anyhow. Read his very first paragraph!
 
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