Jump to content
William S

over stay - canadian

6 posts in this topic

Recommended Posts

My wife is a canadian and she's been in and out of US while waiting for I-130 and NVC.

We traveled from US to to Mexico last week and when we tried to reenter US past weekend, she was pulled aside at custom in the air port and was told that she over stayed in US. Apparently she's been here for 8 months according to custom agent.

After some intimidation from agents, she told them she was planning to go back to canada this week. She was admitted to US and is with me right now.

Question 1: Will this "over stay" cause any problem with her NVC and interview process? She's in final stage of the NVC at this point.

Question 2. I'm guessing that staying longer and not going back to canada this week will make things worse? As I expect that agent has put comments on her passport past weekend.

Appreciate any insight.

Thanks

Share this post


Link to post
Share on other sites

1. Since it appears to only be a 2 month overstay then no, if she leaves now she should be fine. If it is too much longer she can face a ban.

2. Since she was admitted on the pretense that she was going to leave, then she needs to leave. If she is in the final stages of NVC it won't be too long now.

good luck


USCIS
August 12, 2008 - petition sent
August 16, 2008 - NOA-1
February 10, 2009 - NOA-2
178 DAYS FROM NOA-1


NVC
February 13, 2009 - NVC case number assigned
March 12, 2009 - Case Complete
25 DAY TRIP THROUGH NVC


Medical
May 4, 2009


Interview
May, 26, 2009


POE - June 20, 2009 Toronto - Atlanta, GA

Removal of Conditions
Filed - April 14, 2011
Biometrics - June 2, 2011 (early)
Approval - November 9, 2011
209 DAY TRIP TO REMOVE CONDITIONS

Citizenship

April 29, 2013 - NOA1 for petition received

September 10, 2013 Interview - decision could not be made.

April 15, 2014 APPROVED. Wait for oath ceremony

Waited...

September 29, 2015 - sent letter to senator.

October 16, 2015 - US Citizen

Share this post


Link to post
Share on other sites

1. Since it appears to only be a 2 month overstay then no, if she leaves now she should be fine. If it is too much longer she can face a ban.

2. Since she was admitted on the pretense that she was going to leave, then she needs to leave. If she is in the final stages of NVC it won't be too long now.

good luck

Thanks for the reply.

To add to my original post.

When she was being admitted past weekend, custom officer told her that she needs to stay only for 6 months when she visits and she put a stamp on her passport (B2, expires on August). She was not told she "needs/must" leave for Canada this week. That sound like to me that she was granted full 6 months stay despite the issues that they found with her staying last time (before leaving for mexico)?

She needs to return to Canada to handle some stuff anyway but were wondering staying longer here because she was planning to get back to US in few weeks and stay with me while waiting on her final stage of NVC. Will she have similar problem reentering in few weeks if she returns to Canada this week?

Thanks,

Edited by William S

Share this post


Link to post
Share on other sites

Moved from IR-1/CR-1 Progress Reports to Working & Traveling During US Immigration forum.


Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

 

Share this post


Link to post
Share on other sites

Thanks for the reply.

To add to my original post.

When she was being admitted past weekend, custom officer told her that she needs to stay only for 6 months when she visits and she put a stamp on her passport (B2, expires on August). She was not told she "needs/must" leave for Canada this week. That sound like to me that she was granted full 6 months stay despite the issues that they found with her staying last time (before leaving for mexico)?

She needs to return to Canada to handle some stuff anyway but were wondering staying longer here because she was planning to get back to US in few weeks and stay with me while waiting on her final stage of NVC. Will she have similar problem reentering in few weeks if she returns to Canada this week?

Thanks,

She will have trouble returning in a few weeks. She has been told that she is spending too much time in the US. Her last admission is a courtesy on the premise she would leave for Canada. It's unrealistic to think she will be extended the courtesy to visit in a few weeks when it already looks like she is abusing the visiting privilege to live here.

Share this post


Link to post
Share on other sites

If her passport is stamped until August, that is her authorized stay. If she leaves now she will likely have trouble reentering. That's what I feared when I came here in May and just ended up staying and waiting for the i-130 approval. Once I got that, we applied for AOS and received my AP less than 3 months later.

Why not just file the AOS while she's in US with you rather than risk her being denied reentry? You should receive you i130 approval soon as you described then she can get Advance Parole within 3 months and travel back to Canada.

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×