Canadian Visitor With Questions

[spartacus209 0]

The hardship waiver is difficult to obtain as well. If the AOS is denied and you have tried to adjust from a visitor/student/work status your only real recourse is to voluntarily leave the US (instead of waiting for deportation), have your spouse petition the I-130 and apply for the CR-1 visa from outside of the country. With an overstay, the application will be denied at the interview and the applicant will then have to apply for a hardship waiver to overcome the overstay ban.

That is what I read. but thank you for confirming.

On a personal note, I hope it doesn't come to that. I think we have pretty good evidences proving that we have a bona fides marriage. I'm a little worried about not having proof of inspection, but I guess we Canucks are a special case.

Kittyfang, have you found any Canadian on this forum who has had the same issue yet?I hope they are and I hope they are happy-ended cases that could prepare you in advance for answering "Entering US as a Canadian visitor-type of questions."

I came in US on a J-1 visa, not as a visitor like you, but my first questions at the interview were "how did I get here" and "how can I prove that I wasn't supposed to return to my home country", "what was the name of the business I worked for on a J-1 visa..."-visa specific-related questions.

Nothing like "why did you overstay?", but just one question kind of related to that "did you try to change your status?" I answered "yes"-because I really did...

Just sharing my 2 cents to tell you that they are really looking into this kind of stuff...

I did find some people in this situation. I think the difference with a J-1 is that coming as a visitor (from Canada), you basically get waved in. Your bags are checked, but you don't get paperwork (furthermore, if you don't have a passport, they just look at your ID. That is what they did, in 2007 anyway, now it's changed). From what others have said, in the same situation, they were not asked about why/when/how they came in. Seems like USCIS is aware that Canadians just get waived in.

Something was also brought up about intent. Seems like they don't ask about it, because, as I've said, if you just get waived in, and told the truth to the CBP, they have no proof otherwise. They go on the fact that you told the truth at the border, and are telling the truth when you speak with them.

I could be wrong, but, from what I've seen, it seems that USCIS is only interested in the nature of the marriage. For situation like these anyway.

As for the extreme hardship waiver. I think it mostly applies to... extreme hardship (for the USC). For example, if the USC is very sick and the spouse is the one caring for the USC.

Hello,

Im fairly new to VJ. It looks as thou Im in the same situation as you, Im a Canadian with overstay or VISITOR status..last entry was July 09 after our honeymoon in Europe. Came in without any hassle..now starting the AOS.

As I didnt have a visa or any file # Im wondering if you can send the I-130 petition in at the same time as the I-485 packet or do you have to have the I-130 approved first.

Thanks in advance

[wmtc 0]

If you entered the state in july 09 your still in status, Canadian's are alowed to stay up to 6 months, and if you stay more than 6months of overstay than there is ban placed on you for 3yrs and if it is more than 1 yr of over stay your ban is up to 10 yrs. the wierd thing is if u overtsay less than 179 days you wont get the ban. Filing the AOS your forgiven for the overstay.

180/365 overstay 3yr ban

365 and more 10yr ban

[Kittyfang 6]

The hardship waiver is difficult to obtain as well. If the AOS is denied and you have tried to adjust from a visitor/student/work status your only real recourse is to voluntarily leave the US (instead of waiting for deportation), have your spouse petition the I-130 and apply for the CR-1 visa from outside of the country. With an overstay, the application will be denied at the interview and the applicant will then have to apply for a hardship waiver to overcome the overstay ban.

That is what I read. but thank you for confirming.

On a personal note, I hope it doesn't come to that. I think we have pretty good evidences proving that we have a bona fides marriage. I'm a little worried about not having proof of inspection, but I guess we Canucks are a special case.

Kittyfang, have you found any Canadian on this forum who has had the same issue yet?I hope they are and I hope they are happy-ended cases that could prepare you in advance for answering "Entering US as a Canadian visitor-type of questions."

I came in US on a J-1 visa, not as a visitor like you, but my first questions at the interview were "how did I get here" and "how can I prove that I wasn't supposed to return to my home country", "what was the name of the business I worked for on a J-1 visa..."-visa specific-related questions.

Nothing like "why did you overstay?", but just one question kind of related to that "did you try to change your status?" I answered "yes"-because I really did...

Just sharing my 2 cents to tell you that they are really looking into this kind of stuff...

I did find some people in this situation. I think the difference with a J-1 is that coming as a visitor (from Canada), you basically get waved in. Your bags are checked, but you don't get paperwork (furthermore, if you don't have a passport, they just look at your ID. That is what they did, in 2007 anyway, now it's changed). From what others have said, in the same situation, they were not asked about why/when/how they came in. Seems like USCIS is aware that Canadians just get waived in.

Something was also brought up about intent. Seems like they don't ask about it, because, as I've said, if you just get waived in, and told the truth to the CBP, they have no proof otherwise. They go on the fact that you told the truth at the border, and are telling the truth when you speak with them.

I could be wrong, but, from what I've seen, it seems that USCIS is only interested in the nature of the marriage. For situation like these anyway.

As for the extreme hardship waiver. I think it mostly applies to... extreme hardship (for the USC). For example, if the USC is very sick and the spouse is the one caring for the USC.

Hello,

Im fairly new to VJ. It looks as thou Im in the same situation as you, Im a Canadian with overstay or VISITOR status..last entry was July 09 after our honeymoon in Europe. Came in without any hassle..now starting the AOS.

As I didnt have a visa or any file # Im wondering if you can send the I-130 petition in at the same time as the I-485 packet or do you have to have the I-130 approved first.

Thanks in advance

Hi Spartacus!

If you came here in July 09, you're not overstaying yet. Like wmtc said, Canadians are allowed to stay here for 6 months.

As for AoS, and this is just my opinion, so, don't take it as fact, but I think you can file for AoS and send the I-130 with the I-485 and all corresponding documents.

[LaL 418]

The hardship waiver is difficult to obtain as well. If the AOS is denied and you have tried to adjust from a visitor/student/work status your only real recourse is to voluntarily leave the US (instead of waiting for deportation), have your spouse petition the I-130 and apply for the CR-1 visa from outside of the country. With an overstay, the application will be denied at the interview and the applicant will then have to apply for a hardship waiver to overcome the overstay ban.

That is what I read. but thank you for confirming.

On a personal note, I hope it doesn't come to that. I think we have pretty good evidences proving that we have a bona fides marriage. I'm a little worried about not having proof of inspection, but I guess we Canucks are a special case.

Kittyfang, have you found any Canadian on this forum who has had the same issue yet?I hope they are and I hope they are happy-ended cases that could prepare you in advance for answering "Entering US as a Canadian visitor-type of questions."

I came in US on a J-1 visa, not as a visitor like you, but my first questions at the interview were "how did I get here" and "how can I prove that I wasn't supposed to return to my home country", "what was the name of the business I worked for on a J-1 visa..."-visa specific-related questions.

Nothing like "why did you overstay?", but just one question kind of related to that "did you try to change your status?" I answered "yes"-because I really did...

Just sharing my 2 cents to tell you that they are really looking into this kind of stuff...

I did find some people in this situation. I think the difference with a J-1 is that coming as a visitor (from Canada), you basically get waved in. Your bags are checked, but you don't get paperwork (furthermore, if you don't have a passport, they just look at your ID. That is what they did, in 2007 anyway, now it's changed). From what others have said, in the same situation, they were not asked about why/when/how they came in. Seems like USCIS is aware that Canadians just get waived in.

Something was also brought up about intent. Seems like they don't ask about it, because, as I've said, if you just get waived in, and told the truth to the CBP, they have no proof otherwise. They go on the fact that you told the truth at the border, and are telling the truth when you speak with them.

I could be wrong, but, from what I've seen, it seems that USCIS is only interested in the nature of the marriage. For situation like these anyway.

As for the extreme hardship waiver. I think it mostly applies to... extreme hardship (for the USC). For example, if the USC is very sick and the spouse is the one caring for the USC.

Hello,

Im fairly new to VJ. It looks as thou Im in the same situation as you, Im a Canadian with overstay or VISITOR status..last entry was July 09 after our honeymoon in Europe. Came in without any hassle..now starting the AOS.

As I didnt have a visa or any file # Im wondering if you can send the I-130 petition in at the same time as the I-485 packet or do you have to have the I-130 approved first.

Thanks in advance

Hi Spartacus!

If you came here in July 09, you're not overstaying yet. Like wmtc said, Canadians are allowed to stay here for 6 months.

As for AoS, and this is just my opinion, so, don't take it as fact, but I think you can file for AoS and send the I-130 with the I-485 and all corresponding documents.

He said his LAST entry was July 09.. it's quite possible he has gone over the maximum stay for the year. What did you tell them at the border Spartacus? I am going to assume it wasn't that you just returned from your honeymoon.

[bluegreen 0]

Yes, file the petition and application concurrently. Do not leave the US while your case is processing. If you cannot prove, if asked, that you did not intend to immigrate to the US when you last entered, then go back to Canada and file for the K3 or CR-1.