sticky situation for a Canadian :(

I

in_love

Registered Users (C)
Hello,

I am a Canadian Citizen, recently married to my US Citizen husband and currently in the US. We have not filed anything because we have to weigh whether or not we should file my immigration papers here or in Canada.

We have two things working against us:

1) I overstayed in 2006, but because i'm Canadian I have no I-94 or stamps in my passport. I did use my machine-readable passport for id when i travelled in-and-out of the US in 2006. Wondering if they will know I overstayed?

2) We married only 45-days after my last entry in the country.


QUESTIONS:

*If I file in the US, it doesn't matter that i overstayed. But, if i file in Canada will I get barred form the US for 3 or 10 years?

*If I file in Canada, it doesn't matter that we married with 60-days. If I file in the US, they may consider it fraud..."entry under false pretense"...because I entered as a visitor. We may be able to explain ourselves on this one.

*1 more question...are the Vermont I-130 processing times really 1 year?
Yikes!


PLEASE HELP! I NEED SOME ADVICE. 3 IMMIGRATION LAWYERS, ALL WITH DIFFERENT ADVICE.

SHOULD I FILE IN CANADA OR THE US?????

Thanks for your support...
 
TheRealCanadian said:
No I-94 was issued, no illegal presence could apply. Therefore you are at no risk of the 3/10 year bars.
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true that.


you really have nothing to worry about, Canadians are never given I-94's cause their allowed to stay in the U.S. legally up to 6 months, so on your forms you will put down "N/A" when the queston asks for I-94 number and status ofcourse is a Visitor.

It will ask you for date of entry, that I leave up to you to decide.

good luck.
 
Hang on... Before you do anything like what was advised, when you entered the US, did they scan ur passport or the number from you Canadian Citizenship card? I'll think about if I were the original OP. I am also a Canadian and I have used my Canadian p0assport sometimes to go into the US and sometimes my Canadian Citizenship card. I know there were times the INS scans or punches in the numbers of my doc. Just because you don't have an I-94 card doesn't mean your visits have not been on record. I'll think about it carefully in_love. If ur already in the US and u dont remember if ur docs were scanned, the best bet is to get married here and do an AOS. Dont leave the country until you get your GC. Another option is to consult a competent immigration lawyer. Hope this helps.
 
unixtmusa said:
Just because you don't have an I-94 card doesn't mean your visits have not been on record.
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I'm not suggesting that the visits and her overstay haven't been recorded or detected. They probably have. However, illegal presence (and therefore the 3/10 year bars) CANNOT be accumulated without an I-94 being issued. That's the critical distinction.
 
wow, thanks everyone...

i guess there is a difference of opinion as to whether or not it could trigger a bar...in really see both arguments. I wish my lawyers could make up their minds!

I am wondering if, perhaps, there is a grace period for canadians? I mean, could it really trigger a bar if you only overstayed by a bit? Does anyone know if/what the grace period is?

thanks
 
TheRealCanadian said:
I'm not suggesting that the visits and her overstay haven't been recorded or detected. They probably have. However, illegal presence (and therefore the 3/10 year bars) CANNOT be accumulated without an I-94 being issued. That's the critical distinction.
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Hmmm... So I guess what you are saying is that on VWP one can overstay for years and not trigger a ban because there is no I-94 even if the visit was on record? I don't know about that. Unless I see something from USCIS that's what it means, I wouldn't be comfortable. Don't get me wrong. You maybe right but if I was in_love, I'd go to a very good immigration lawyer to know for sure.
 
Canadian fiancee, In trouble & need help

I was granted asylum in the US in March 2007. My fiancee is a green card holder in Canada. How can I get her here? timeline? risks & approximate costs? Your help is very much appreciated.
 
unixtmusa said:
Hmmm... So I guess what you are saying is that on VWP one can overstay for years and not trigger a ban because there is no I-94 even if the visit was on record?
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Canadians do not enter the US under the Visa Waiver Program, and people entering under the VWP are issued an I-94. It's an I-94W, but for the purposes of illegal presence, the I-94 and I-94W are the same.

I don't know about that. Unless I see something from USCIS that's what it means, I wouldn't be comfortable. Don't get me wrong. You maybe right but if I was in_love, I'd go to a very good immigration lawyer to know for sure.
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She needs a good immigration lawyer who understands US immigration laws as they pertain to Canadians. Most immigration attorneys don't have the first clue as to what differences there are WRT Canadian citizens.
 
TheRealCanadian said:
She needs a good immigration lawyer who understands US immigration laws as they pertain to Canadians. Most immigration attorneys don't have the first clue as to what differences there are WRT Canadian citizens.
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It is true that most immigration attorneys i've spoken to have basically NO CLUE about Immigration Law for Canadians coming over....probably why they're sending me all over the place!

Does anyone have any experience with marrying within 60-days of entry? We are terrified of being accused of fraud and having me lose my right to stay.

Thanks!
 
in_love said:
Does anyone have any experience with marrying within 60-days of entry? We are terrified of being accused of fraud and having me lose my right to stay.
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See here: http://www.usvisahelp.com/art_intent.html

Personally, I'd have hubby file an I-130 and an I-129F to get you a K-3 visa. You leave the US, attend your consular interview to get your K visa and re-enter the US. Then file the I-485. Problem solved, and you've clearly demonstrated that your current stay in the US is temporary, since you'll have to leave the US to get your K visa.
 
married within 45 days

:cool: answer for in_love...i am a canadian citizen and married my husband within 45 days of entering the states the last time..i arrived here on june 29th /06 and married on august 12th/06..We had no problems at our interview nor were we questioned on why we married so soon after i arrived for a visit.I really think for the most they cared more over the fact that marriage was legit than a time frame,,anyways thats just my experience with it.And we submitted our paperwork Dec/21/2006 and had our interview thru DORA program the same day with approval just waiting for name check.Our interview went super smooth.
 
fstrdeb749 said:
.And we submitted our paperwork Dec/21/2006 and had our interview thru DORA program the same day with approval just waiting for name check.Our interview went super smooth.
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What is DORA program? Can you please explain that part of your situation? Thanks for the positive story :) :) :)
 
in_love said:
What is DORA program? Can you please explain that part of your situation?
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Dallas Office Rapid Adjustment - it's a pilot project for Dallas-area Family-based and Immediate Relative cases, trying to do interviews as quickly as possible to root out fraud and frivolous cases.
 
TheRealCanadian said:
Dallas Office Rapid Adjustment - it's a pilot project for Dallas-area Family-based and Immediate Relative cases, trying to do interviews as quickly as possible to root out fraud and frivolous cases.
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Thank you, TheRealCanadian, you have been so helpful

We are seriously considering going through the process in the US (despite the intent issue) because we are a legitimate couple and I had a return ticket booked when I came as a visitor. I know they may want to see proof of intent to return back to Canada. Do you have any suggestion on how I can show i intended to return? I don't have a lease/rental agreement (living with family) or a job (self-employed and basically worked very little in 2006). I am wondering how risky it is for us to try doing an AOS.

Anyone with a similar experience?
 
in_love said:
What is DORA program? Can you please explain that part of your situation? Thanks for the positive story :) :) :)
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Hi:

DORA is the DALLAS OFFICE RAPID ADJUSTMENT program --- with this program, you have the interview upfront (which is scheduled through Infopass) and turn in all docs. at the interview. It is available only to those who live in the jurisdiction of the Dallas Office.

Incidentally, DORA, even if you qualified, would make no difference to your situation. At the interview, you could still be asked about the short time between arrival and filing AOS, just like when you file regularly.

RealCanadian's suggestion is the best one.
 
...your 45 day issue is not a problem at all.If they ask you about it just tell em that you guys were in love and did it on impulse.Better yet ask a lawyer what he suggests to say about that.And a lawyer will cost 2000-2500 for filing and going to the interview with you.Thats what i have done.
 
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jnj said:
...your 45 day issue is not a problem at all.If they ask you about it just tell em that you guys were in love and did it on impulse.Better yet ask a lawyer what he suggests to say about that.And a lawyer will cost 2000-2500 for filing and going to the interview with you.Thats what i have done.
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Hi:

How do you know the 45 day issue won't be a problem at all? What experience to you have with cases where intent has been disputed? I agree - it MAY not be a problem, but we do not have by far enough facts to even speculate as to the outcome.
 
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