We aren't too sure what to do now :(

C

canadaus

New Member
Hello,

Ok, here it is......if ANYONE can lend us some advice in regards to our issue, it would be greatly appreciated.

I met my boyfriend (at the time) while he was living in the US and I was living in Canada. I am a Canadian Citizen and he is a US Citizen. We travelled back and forth to visit each other for the longest time.

At Christmas of '04 he came to Canada to visit me. He stayed for a few days and we decided that I was going to go back with him and visit with him back in the US. So we bought me a ticket as well. So we left Canada on December 27th/04 and arrived in the US on December 27th/04. My ticket was a one way ticket and I was to fly back to Canada on January 16th. Well, while I was in the US, my boyfriend and I decided to get married. We had been talking about this for the longest time. So we got married on January 14th, just two days before I was to return to Canada. To make a long story short.....I have NOT been back to Canada since.

Our question is......now that we are married, am I able to go back to Canada and visit my family or is there going to be a huge issue that we got married while I was here and I was NOT on a Fiance Visa?? We are worried that even though I am marrired now......once I fly into Canada, they won't let me come back to US to be with my Husband. Like I mentioned.......we married on January 14th/05 and I have NOT been back home to Canada.

We have started our paperwork ...... my husband has filled out his I-130 and I have filled out my my I-485 but we have not sent it in yet. We need to know if everything we have done is OK or not? If not, then we need to know what we have to do to make it better for us. I don't want to get deported back to Canada for obvious reasons, but I do want to be able to travel there (within the next month).

We hope someone can help us with this and give us any advice possible.

Thank you so much in advance.
 
canadaus said:
now that we are married, am I able to go back to Canada and visit my family or is there going to be a huge issue that we got married while I was here and I was NOT on a Fiance Visa?? We are worried that even though I am marrired now......once I fly into Canada, they won't let me come back to US to be with my Husband. Like I mentioned.......we married on January 14th/05 and I have NOT been back home to Canada.
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You have good cause to worry, since unless you take certain steps you will most likely be denied entry.

First of all, the fact that you did not enter using a finacee visa is irrelevant. You do need to get your I-130/485/131/765 in the mail to USCIS, and you should not leave the US until you have advance parole in hand (30-90 days).
 
You say that you were scheduled to return home 1/16, but you don't say how long they allowed you to stay. Did your I-94 expire 1/16? I know they give you up to 180 day but they can give you less if they feel like it right? The reason I'm questioning that is you are currently overstaying you visa, but depending on how long you overstay could trigger a 3 or 10 year ban if you leave the US before you have your greencard. I believe its 3 years for 90 day overstay and 10 years 180 days overstay. Please be sure you won't be subject to these bans before you leave the US even on advance parole.
 
about interview place

I filed I-485 in NYC local office two years ago, I guess now my file is in NBC. Two days ago I got interview letter scheduled on 8/23, 7:01AM, in Carden City!

But I just read a thread on one website telling about the same story. On the day of the interview, they was told they should be interviewed in NYC so it would take another long wait for their interview in NYC.

Anyone have similar experience or knowledge about this issue? Any suggestion? Besides, even the interview time on the letter is weird.

Any feedback is highly appreciated.
 
She's a Canadian citizen and as such she DOES NOT need a visa to visit the US. She has no I-94 etc.
Follow Real Canadians advice and make sure you get Advance Parole before you leave (I-131).
You can also file foran EAD (work permit) I-765.
http://uscis.gov/graphics/formsfee/forms/index.htm

mephipps said:
You say that you were scheduled to return home 1/16, but you don't say how long they allowed you to stay. Did your I-94 expire 1/16? I know they give you up to 180 day but they can give you less if they feel like it right? The reason I'm questioning that is you are currently overstaying you visa, but depending on how long you overstay could trigger a 3 or 10 year ban if you leave the US before you have your greencard. I believe its 3 years for 90 day overstay and 10 years 180 days overstay. Please be sure you won't be subject to these bans before you leave the US even on advance parole.
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