Canadian in trouble applying for K-1

[canadianeh 0]

I am a Canadian who has been filing for R-1 visa. For the past 2 years I have worked in a religious institution without a visa. Finally the government came to do the on-site inspection of the religious institution and the staff here all told them that I had been working here. The government official seemed friendly and fine with everything, just asking questions, then left.

My fiance and I have been filing out the K-1 visa application for us to get married (fiance is american).

Is this going to mess things up brutally? If it is, we can go and start a life in Canada, so it's not the worst thing in the world... but... well, we'd love to stay in the US.

Edited September 8, 2009 by canadianeh

[JimVaPhuong 4,863]

I'm assuming you entered the US without a visa as a lawful visitor from Canada (i.e., you entered through a border checkpoint). In that case, the normal overstay laws in INA 222(g) do not apply unless and until an immigration judge finds you are out of status. There should not be an automatic ban for the overstay unless you entered with a visa or entered without inspection. However, you will probably need a waiver for having worked in the US. You will need to return to Canada for the final visa processing and interview, and will likely not be permitted to return until you have the visa.

Bear in mind that this is based on my limited understanding of the US immigration laws that applied to Canadians before the recent changes went into effect.