Question about Over stays

[carvin317 0]

My fiancee is currently visiting she told the border patrol guy she would be back in three weeks Septemer 5th, would it be terrible if she stayed till monday and left monday ?

[Rosie and David 1]

What is stamped on her entery form ? and what is her visit say ? I don't know much about Canada since I haven't been there since the New Rule have been applied for them and us on visiting.

I think if it was just a verbal statement and was not logged anywhere ... she'll be just fine.

It use to be they only asked about your visit and not as much about how long you planned on stay (Sad how something have changed for the worse instead of the better).

Rosie and David

[lucyrich 20]

An "overstay" is when she stays longer than she's legally allowed to stay. It's not when she changes plans and stays longer than her original plans were.

If she has an I-94, there will be a date written on it that says when the status expires. If she stays beyond that date, she's overstaying; if she leaves before that date, she's not overstaying. When my sister-in-law visited from Venezuela, she planned to stay a month, and told the officer that, but was given an I-94 with six month validity, so she could have stayed up to the full six months without it being considered an overstay. Which is kind of amazing, because she was four months pregnant, and could legally have stayed long enough to give birth to her child in the US, making the child a US Citizen, but she stuck to her original plans and returned to Venezuela before the child was born.

I'm not sure what kind of paperwork is given to Canadians entering from Canada. I don't think they typically get I-94s, but I don't know what, if anything, they do get. If there's no paperwork at all, there's probably a blanket rule regarding the time allowed in a single visit.

Anyway, if she DOES legally overstay, there's no explicit penalty for an overstay of less than 180 days. It will make future entry as a visitor very difficult, because it may be taken as evidence that the alien doesn't intend to leave on time, but it will not have an effect on future issuance of a marriage-based visa. Overstay of greater than 180 days incurs a 3-year bar on admissibility, and makes the marriage based visa process much more difficult and time consuming. Overstay of greater than a year means a ten year bar on admissibility.

[canadian_wife 1,802]

Since Canadians and their entry to the US are pretty different, I'll say what I do know.

Was your fiance given an I-94 upon entry? When did she enter?

If she does not overstay - then it is fine for her to leave on the following Monday. Just make sure you are aware of her entrance and exit dates and dont' lose track

Good luck

[Krikit 1,163]

Was she pulled into secondary and told to leave the US by a specific date? If so, she would have received an I-94 with an expiry date on it:

This is an I-94

If she did not receive an I-94, the length of stay for Canadians is six months.

[carvin317 0]

she didnt receive an I-94 card or secondary questioning, just the boarder patrol agent asked her how long she would be here.

[Krikit 1,163]

She's fine to stay for up to six months then. Have fun.

[carvin317 0]

Thanks guys